State Constitutional Law in 1937–38

1938 ◽  
Vol 32 (4) ◽  
pp. 670-693
Author(s):  
J. A. C. Grant
Keyword(s):  
Old Age ◽  
Constitutional Law ◽  
Constitutional Amendment ◽  
General Assembly ◽  
Sufficient Time ◽  
Popular Vote ◽  
The People ◽  
Strict Compliance ◽  
Actual Publication ◽  
State Constitutional Law

Constitutional Amendment. The Pennsylvania constitution provides: “Any amendment … may be proposed in [either house]; and if the same shall be agreed to by a majority of the members elected to each … the Secretary of the Commonwealth shall cause the same to be published three months before the next general election, in at least two newspapers in every county in which such newspapers shall be published; and if, in the General Assembly next afterwards chosen, such proposed amendment shall be agreed to … the Secretary of the Commonwealth shall cause the same again to be published in the manner aforesaid; and … submitted to the qualified electors. …” Herman Tausig, suing as a taxpayer, sought to prevent a popular vote on a number of proposed amendments undertaking, among other things, to repeal provisions thought to forbid the levying of graduated income and inheritance taxes and the appropriation of money for old age pensions. In holding that the action was not premature, the court stated: “The law of this state prohibits inquiry into the validity of the steps preliminary to the adoption of an amendment after it has received the approval of the people.” Reversing, or at least qualifying, certain earlier rulings discussed in the opinion, it demanded strict compliance with the procedure set out above, but ruled: “The framers did not intend the Secretary of the Commonwealth should be responsible for the actual publication; he has no means of accomplishing this. Nor will the submission of a proposed amendment be frustrated by the neglect or refusal of one or more newspapers to publish within the specified time. … All the section commands is that the secretary transmit the advertisements of the proposed amendment to the proper newspapers within sufficient time to enable them to be published … three months or more in advance of the election.”

State Constitutional Law in 1934–35

1935 ◽  
Vol 29 (4) ◽  
pp. 610-630
Author(s):  
Charles G. Haines
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Constitutional Amendment ◽  
Constitutional Amendments ◽  
Sole Purpose ◽  
The Supreme Court ◽  
The Subject ◽  
State Taxes ◽  
State Constitutional Law

Validity of Constitutional Amendments. The courts continue to scan with rather meticulous care the procedure for the adoption of constitutional amendments. Where the sole purpose of a proposed constitutional amendment under the initiative provisions of the constitution was to provide for the levy of a “syncrotax,” or a tax on the basis of gross receipts in lieu of all other state taxes, a petition with a short title reading “initiative measure providing for adoption of gross receipts act” was held fatally defective in view of the requirement that every initiative petition have a short title showing the nature of the petition and the subject to which it relates. But according to the supreme court of Florida, a proposal to amend the constitution need not have a title, need not be read on different days or at different times, and need not be concurred in by the governor. And the dissenting justices protested that the majority failed to uphold the requirement that a proposed amendment shall be entered upon the respective journals of the two houses with the yeas and nays, showing a three-fifths vote in favor of the amendment. There must be, however, a violation of express constitutional requirements for the courts to interfere with the procedure in the adoption of amendments.

scholarly journals KONSEP OTONOMI DAERAH DALAM HUKUM TATA NEGARA ISLAM

2021 ◽  
Vol 2 (2) ◽  
pp. 177
Author(s):  
Weni Gusdi Sari ◽  
Zainuddin Zainuddin
Keyword(s):  
Constitutional Law ◽  
Islamic Law ◽  
Regional Government ◽  
Islamic State ◽  
Regional Autonomy ◽  
Regional Administration ◽  
Library Research ◽  
The People ◽  
Head Of State ◽  
State Constitutional Law

This study examines the concept of regional autonomy in Islamic constitutional law about how is the concept of regional autonomy in Islamic State Constitutional Law and how is the autonomy of regional heads in the perspective of Islamic constitutional law. This research is a qualitative research library (Library Research). The data of this study were obtained through the Islamic law/Fiqh research method with a historical approach. After the data has been collected, it is then processed by studying, researching, studying and understanding the concept of regional autonomy in Islamic Constitutional Law referring to the Al-Quran and Hadith and related articels. This study found the following results: (1) The concept of regional autonomy in Islamic constitutional law is practiced in three types of regional government, namely al-imarah al-khashah, al-imarah al-ammah, al-imarah al-istila. (2) The autonomy of the regional head's power in the perspective of fiqh siyasah dusturiyah or Islamic constitutional law is in accordance with the conditions and authority granted by a Khalifah. The Khalifah as head of state gives authority to al-Amir (Head of Region) in the functions of: collecting taxes in the region, managing regional administration and providing services to the people in the region, maintaining security in the region, attracting kharaj and collecting zakat, upholding and disseminating Islam in the region. area, as well as being a prayer priest.

From an unconstitutional constitutional amendment to an unconstitutional constitution? Lessons from Honduras

2019 ◽  
Vol 8 (1) ◽  
pp. 40-70 ◽  
Author(s):  
DAVID E LANDAU ◽  
ROSALIND DIXON ◽  
YANIV ROZNAI
Keyword(s):  
Supreme Court ◽  
Political Institutions ◽  
Constitutional Law ◽  
Constitutional Amendment ◽  
The Political ◽  
Potential Utility ◽  
The People ◽  
The Supreme Court ◽  
Comparative Constitutional Law ◽  
Global Constitutionalism

Abstract:The unconstitutional constitutional amendment doctrine has emerged as a highly successful, albeit still controversial, export in comparative constitutional law. The doctrine has often been defended as protecting a delegation from the people to the political institutions that they created. Other work has noted the doctrine’s potential utility in guarding against abusive constitutionalism. In this article, we consider how these justifications fare when expanded to encompass claims against the original constitution itself, rather than a later amendment to the text. That is, beyond the unconstitutional constitutional amendment doctrine, can or should there be a doctrine of an unconstitutional constitution? Our question is spurred by a puzzling 2015 case from Honduras where the Supreme Court held an unamendable one-term limit on presidential terms, as well as protective provisions punishing attempts to alter that limit, to be unconstitutional. What is particularly striking about the case is that these provisions were not later amendments to the constitution, but rather parts of the original 1982 constitution itself. Thus, this article examines the possibility of ‘an unconstitutional constitution’, what we predict to be the next trend in global constitutionalism.

State Constitutional Law in 1948–49

1949 ◽  
Vol 43 (4) ◽  
pp. 735-765
Author(s):  
Foster H. Sherwood
Keyword(s):  
Constitutional Law ◽  
The Other ◽  
State Courts ◽  
Equal Protection ◽  
Constitutional Amendment ◽  
Police Power ◽  
Governmental Organization ◽  
Full State ◽  
The Subject ◽  
State Constitutional Law

The ever-increasing volume of litigation in state courts has made it necessary to exclude this year all decisions of courts other than those of last resort. In addition, with respect to subjects such as “police power” and “equal protection,” where classification or analysis of the decisions would require space out of all proportion to their importance, only a listing of the subjects involved in the case is attempted. The cases fall generally into the pattern used last year.I. GOVERNMENTAL ORGANIZATION1. Special Constitutional Provisions. The effective date of a new constitutional amendment was the subject of two decisions this year. In one, the amendment extending the term of office of county attorneys from two to four years was approved at a general election in which county attorneys were elected. The court held that the officers elected then were elected for the longer term, even though the amendment by its own terms did not become operative until the January following the election. This was so, even though the required local notice of the amendment omitted the effective date, since full state-wide notice was published by the secretary of state. The other case holds that the amendment becomes effective on the date of the canvass of votes rather than on the date of the election. Here, too, there were irregularities in the published notice in that it was not published in all counties on the same days and minor inconsistencies appeared in the printed versions. The court held that the purpose of notice had been substantially served.

State Constitutional Law in 1938–39

1939 ◽  
Vol 33 (4) ◽  
pp. 615-633
Author(s):  
J. A. C. Grant
Keyword(s):  
Constitutional Law ◽  
New Economy ◽  
American System ◽  
The Past ◽  
The People ◽  
Take Back ◽  
The Right ◽  
Judicial Protection ◽  
State Constitutional Law ◽  
And Training

The years 1936–38 were remarkable for the vigorous manner in which the courts attempted to preserve “the American system” from the return of the guild. The right to engage in a normal trade or calling without passing too rigorous an examination as to one's capabilities and training, to charge such prices for services as one sees fit regardless of the wishes of a dominant majority of those engaged in a particular trade or calling, and to close when one wishes rather than when a “code authority” commands, were given judicial protection. The past year has witnessed a partial change of heart. Apparently, opponents of the new economy of control are about to be told to “go to the polls, not to the courts.” Even more remarkable has been the increasing tendency on the part of the legal profession, under an expanding doctrine of “inherent” powers, to take back from the legislature and from the people the right to control that profession. This tendency continued unabated during the past year. In most fields, the cases were merely typical of the normal run of decisions on state constitutional questions.

O potrzebie wprowadzenia ustawy referendalnej do systemu prawnego w Polsce

2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Popular Vote ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Will ◽  
The Republic ◽  
Constitutional System

The problems raised in the doctrine of constitutional law related to the implementation of a decision taken in a referendum in matters of particular importance to the state, as well as the generally marginal use of the institution of popular vote in the constitutional prac-tice, give rise to reflection on the introduction of the institution of a referendum law into the Polish constitutional system. In this article the author considers the advantages and disadvantages of such a solution, analyzing at the same time contemporary normative regulations concerning such acts in other countries. The research leads to the conclusion that despite the risks involved, the refer-endum law should appear in the Polish constitutional system in the future, as it would not only give a chance for a more complete reflection of the will of the collective subject of sovereignty without the necessity of its decoding by the parliament, but it could also be an impulse for the development of the referendum practice in the Republic of Poland. However, it is important to introduce proce-dural barriers that will prevent depreciation of this institution.

The Case for Repealing the Second Amendment? The Historical Barriers to Constitutional Change

2021 ◽  
Vol 51 (4) ◽  
pp. 595-607
Author(s):  
David T. Konig
Keyword(s):  
Constitutional Law ◽  
Theory And Practice ◽  
The Political ◽  
Constitutional Change ◽  
Second Amendment ◽  
The People ◽  
The Right ◽  
The U.S ◽  
Popular Constitutionalism

The controversy surrounding the Second Amendment—“the right of the people to keep and bear arms”—is, to a large extent, historical in nature, redolent of other matters in this country’s legal and constitutional past. But the historical analogies that might support the Amendment’s repeal do not permit easy conclusions. The issue demands that legal historians venture beyond familiar territory to confront unavoidable problems at the intersection of theory and practice and of constitutional law and popular constitutionalism. An interdisciplinary analysis of Lichtman’s Repeal the Second Amendment illuminates the political, legal, and constitutional dimensions—as well as the perils—of undertaking the arduous amending process permitted by Article V of the U.S. Constitution.

State Constitutional Law in 1929–1930

1930 ◽  
Vol 24 (3) ◽  
pp. 666-686 ◽  
Author(s):  
Oliver P. Field
Keyword(s):  
Constitutional Law ◽  
State Courts ◽  
State Constitutions ◽  
Course Of Action ◽  
The Subject ◽  
State Constitutional Law

State courts determine, in the absence of constitutional provision to the contrary, whether amendments to state constitutions have been proposed and adopted in the manner provided for these constitutions. Not every minor deviation from the course of action marked out in the constitution for its amendment is deemed sufficient to justify the court in declaring that the amendment has been “unconstitutionally adopted,” but whether these deviations are serious enough to warrant such a declaration is a question to be determined by the courts themselves. Statutes supplementing constitutional provisions on the subject of amendment are valid if not in conflict with the constitutional provisions themselves, and substantial compliance with these rules is also required by the courts. Sometimes the provisions regulating the subject of publication of proposed amendments are constitutional; at other times they are statutory. In either case, publication in the manner provided for, and for the period of time provided for, is necessary to the validity of the amendment. Publication for two weeks, when the period should have been four weeks, was deemed sufficient by the Nebraska court to invalidate the amendment involved.

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