France Reopens the Constitutional Debate

1952 ◽  
Vol 46 (2) ◽  
pp. 422-437
Author(s):  
Roy Pierce

Less than six years have passed since the Constitution of the Fourth Republic was put into operation, yet every political group in France with the exception of the Communist Party, which has its own special plans for France's future, is currently participating in a movement for constitutional revision. Since July, 1950, no candidate for the post of Prime Minister has neglected to assert in his ministerial declaration the need for constitutional reform. The parties of the Third Force majority of the first legislature of the Fourth Republic set into motion for the first time, in November, 1950, the machinery for the amendment of the Constitution. The momentum which the revisionist movement had already gathered was given greater impetus by the elections of June, 1951, which reinforced markedly the political groups opposed to the Constitution at its inception. These groups had been able to muster only 106 votes in the Second Constituent Assembly of 1946. Later, in the first legislature but after the formation of a Gaullist parliamentary group, their strength rose to approximately 160 seats. And as a result of the elections of June, 1951, the same groups now command 300 seats in the second legislature.

Author(s):  
Annie Elizabeth Pohlman

Genocide and mass atrocities can be seen as the culminative result of extreme social exclusion. Two of the critical steps on the path to genocidal persecution are the isolation and exclusion of a particular group and the mobilisation and incitement of perpetrators. This paper examines the case of the 1965-1966 massacres in Indonesia in light of these two incipient stages of genocide. First, I discuss the Indonesian killings of 1965-1966 by situating them within the conceptual and legal understandings of genocide and argue that those persecuted belonged predominantly to a defined political group, that is, members and associates of the Indonesian Communist Party (PKI). I argue that the exclusion of political groups from the legal definition of genocide given in the UN Convention on Genocide is unsupportable when examined both within the context that it was created and the greater conceptual understandings of genocide studies. To support this argument, I then outline the political situation in Indonesia prior to the 1 October 1965 coup and explain how the country went through a process of political pillarisation, effectively creating the conditions for the creation and then eradication of the Left in Indonesia. In the final part of the paper, I examine how these killings were incited. I argue that hate propaganda was used against the PKI and its supporters by the main perpetrators of the massacres, the Indonesian military, to incite a popular, genocidal campaign. As a result of this hate-propaganda campaign, Leftists in Indonesia experienced extreme forms of dehumanisation and social death which, in turn, facilitated their eradication.


1956 ◽  
Vol 50 (4) ◽  
pp. 1011-1022
Author(s):  
Roy Macridis

Recent political developments in France, particularly the dissolution of the National Assembly and the subsequent elections of January 2, 1956, overshadowed one of the most interesting and long-awaited enactments of the second legislature of the Fourth Republic. A law of November 30, 1954, passed by the National Assembly by the required two-thirds majority, realized the revision of the constitution of the Fourth Republic. The law was the culmination of debates that had begun when the new constitution was framed. One might indeed say that constitutional reform was advocated throughout the whole period of the Third Republic, and in 1945 the French people overwhelmingly expressed themselves in favor of a constituent assembly to frame a new republican constitution. Yet when the document was drafted and submitted to the people it was received with great apathy and endorsed on October 13, 1946, by a minority of the registered voters. No sooner had it been put into force than the movement for reform recommenced, and various leaders like DeGaulle, Reynaud, Mendès-France, Laniel and Bidault joined the eminent statesmen of the Third Republic in proclaiming the need for further revision. Perhaps no better evidence testifies to the inherent instability of the French body politic than this perennial dissatisfaction with the basic instrument of government.


2019 ◽  
Vol 7 (1) ◽  
pp. 1-15
Author(s):  
Rakesh Ankit

This article presents four episodes from the political period 1969 to 1976 in India, focusing on the views and actions of P. N. Haksar, Principal Secretary and Advisor to Prime Minister Indira Gandhi (1967–1973). Unlike the ‘national/international politics’ hitherto under focus from then, that is, the Congress split (1969), birth of Bangladesh (1971) and the JP Movement/Emergency (1974–1975), the aspects under consideration in this article are of subterranean existence. First of these aspects is the provincial reverberations of the Congress split, the case considered here being that of the Bombay Pradesh Congress Committee. Second is the attitude of the Congress Party towards left opposition, the Communist Party of India Marxist (CPI [M]) in West Bengal, as revealed through the anxieties of Governor Shanti Dhavan. The third aspect under consideration is a glimpse of centre–states relations, as shown through New Delhi’s interactions with the EMS Namboodiripad-led and CPI (M)-dominated United Front Government of Kerala. Finally, the article looks at Haksar’s attempts at planning and development for the state of Bihar. Each of these four themes was among the ‘wider range of functions’ that Mrs Gandhi wished to be performed by her Secretariat and to allow us to test how successful each of it was. Each of these provides a context for contemporary issues.


Author(s):  
Lee HP

This chapter explores the constitutional and political dimensions of the crisis that rocked the Malaysian judiciary in 1988. For the first time in Malaysian legal history, the highest judicial officer in the land was suspended and, after an inquiry to determine whether he should be removed for alleged misbehaviour, was subsequently removed. Following this unprecedented development, two other senior judges of the Supreme Court were also removed from office after an inquiry by a second tribunal. The political dimension cannot be divorced from the constitutional dimension because the legal and constitutional manoeuvrings were consonant with political skirmishes that involved, at one stage, the political survival of Prime Minister Mahathir.


1991 ◽  
Vol 125 ◽  
pp. 119-136 ◽  
Author(s):  
Alexander Lukin

The tragic events in China of June 1989 have had a considerable influence on the development of the international situation and have triggered a stormy reaction from public opinion in many countries. The stand on the Tiananmen tragedy has become a litmus test of the political position of governments, parties and groupings in a number of states. China's prime minister Li Peng declared in the wake of the events that they had demonstrated who was a true friend of China. A closer study of the issue would reveal that these events in fact led to a situation whereby “friends” and “enemies” (if we agree to identify China's “friends” and “enemies” with those of her premier) reversed roles. Whereas all governments and public and political groups in the west, including some orthodox communist parties, were united in their condemnation of Beijing, China's former opponents whom she used to label as “regional hegemonists,” such as Cuba and Vietnam, as well as East Germany and North Korea who have similar regimes, assured Beijing of their support for its actions.


Author(s):  
Federico de Montalvo Jääskeläinen

In 2011 the British Parliament approved, within the context of the coalition between the Conservatives and the Liberal Democrats, what can be seen as the most significant constitutional reform that the British government has undertaken in recent decades. This reform, called Fixed-term Parliament Act, 2011, restricts what was one of the main rights of the Prime Minister; dissolving the chamber in order to be able to call early elections. The reform is not motivated by an attempt to overcome the political crisis, similar to other European countries, that the UK is experiencing, but rather by the new demands that seem to derive from the current coalition government. It is certainly a reform that merits analysis by other nations, such as our own, in which fragmented parliaments are growing ever more likely, lacking strong majorities and posing problems that go beyond politics to the heart of the system.En 2011 el Parlamento británico aprobó, al amparo del acuerdo de coalición entre los conservadores y liberal-demócratas, la que puede considerarse la principal reforma constitucional a la que se ha visto sometido la forma de gobierno británica en las últimas décadas. Dicha reforma, bajo el nombre de Fixed-term Parliaments Act, 2011, supuso la supresión de una de las principales facultades del Primer Ministro, la de disolver la Cámara y convocar anticipadamente elecciones generales. Dicha reforma responde no tanto a la pretensión de superar la crisis política que vive el Reino Unido, similar a la que viven otros Estados europeos, sino a las nuevas exigencias que parecen derivarse del actual gobierno de coalición. En todo caso, se trata ciertamente de una reforma que merece la pena ser analizada desde otros Estados, como el nuestro, en los que se presagia un nuevo Parlamento muy fragmentado, sin mayorías de gobierno, con las consecuencias no sólo políticas que ello va seguramente a conllevar.


Res Publica ◽  
2001 ◽  
Vol 42 (1) ◽  
pp. 23-32
Author(s):  
Jean-Luc Dehaene

The position of the Belgian prime minister (PM) is hardly mentioned in the Belgian Constitution. lt was only after almost 140 years, in 1970 he was mentioned for the first time. lts power is rather a matter of common law. Since 1831 through the years, the position and power of the PM changed strongly. This often happened together with changes concerning the power of the King: the weaker the King, the stronger the PM.The existence of coalition governments puts forward bis role as coordinator and even as arbitrator, whereas the federalisation process since the seventies places him as a conciliator between Regions and Communities. The growing importance of the European Council of Head of States have made him the most important decision-maker among the national politicians in the European integration process. The PM's skills concerning timing and agendasetting are very important because it is one of his most important power instruments. Other key skills are bis profound knowledge in certain issues but mostly as a generalist, his insisting on good minister nominations by the party leaders, the way he can motivate his cabinet members, a good team spirit among the government members and the existence of a clear government contract. In order to avoid a strongdependency on or tutelage from the political parties of the majority it is important to have their top politicians in the government.


2021 ◽  
Vol 28 (1) ◽  
pp. 37-58
Author(s):  
Juraj Marušiak

This paper is focused on the evolution of the ideology of Smer - Social Democracy (Smer-SD) party and its positions on European integration before the political elections in Slovakia in February 2020. As the ‘social-democratization’ of Smer-SD was the result of party’s Europeanization, the article explores the dimensions of de-Europeanization in the politics of this party in 2017–2020. Since 2006, Smer-SD has occupied a dominant position among political parties in Slovakia. However, a substantive decline in the electoral support of the party took place after 2016. Smer-SD faced a significant political challenge during the political crisis after the assassination of the journalist Ján Kuciak and his fiancée Martina Kušnírová in February 2018. The result was the resignation of Prime Minister Robert Fico. The appointment of party vice chairman Peter Pellegrini as Prime Minister created a new situation within the party, as for the first time the positions of Prime Minister and head of the party were separated. The political crisis in 2018 revealed the presence of internal conflicts within the party and the weakening of the authority of its chairman, Robert Fico. The establishment of two centres of power within the party resulted in competition between Fico and Pellegrini and, finally, in June 2020, a split, as Pellegrini announced the founding of a new political party.


Worldview ◽  
1979 ◽  
Vol 22 (12) ◽  
pp. 44-48
Author(s):  
Benjamin Martin

To many Spaniards the country's journey back to democratic rule probably seems like a wild toboggan ride. The hectic succession of developments this year has done little to belie that impression.During December, 1978, Spain's post-Franco constitution was adopted and the parliamentary elections that took place within three months, on March 1, resulted in major changes in the political balance. Then, on April 3, came the first municipal elections Spain has held since the Thirties, producing unprecedented gains for the Left. By May what little political calm the country managed to preserve was diminished even further by the onset of a severe crisis within the Socialist Workers' party, the country's second most important political force. The midyear negotiations between Prime Minister Adolfo Suarez and the major political groups did arrive at long last at an accord on autonomy status for the Basque and Catalonian regions, a development that served to break up a major political logjam.


1989 ◽  
Vol 45 (4) ◽  
pp. 301-323
Author(s):  
D.P. Verma

The law of nations was not concocted by ‘bookworms’, ‘jurists’ or ‘professors’, but was created and elaborated by the deeds of statesmen, diplomats, generals, and admirals.1 This statement of the celebrated English jurist, Professor Holland, appears very much true, when attention is given to the achievements of the first Prime Minister of India, Jawaharlal Nehru. Being a world statesman, he projected India's constitutional vision of international order, which reflects in the doctrine of Panchsheel, as five principles of peace. The aim of this paper is to study, in general, Nehru's contribution to the maintenance of peace, good neighbourliness and the idea of moral conduct in international relations. To keep this paper within limits, it is addressed to two objectives: First, a survey of the Constituent Assembly debates in order to provide an account of the thoughts of the framers of the Indian Constitution and to find out how far Nehru's ideas influenced the drafting of articles relating to India's international relations; and Second, an evaluation of the concept of Panchsheel that characterizes the development of International Law in Asia. It is also felt useful to take this opportunity to note Nehru's idea of peace and the Asian phase of his political thought. It will be concluded that Nehru's Panchsheel message reflected India's constitutional vision of world order, and it will be further submitted in respect of the doctrine that the contribution has, at least, at the normative level, strengthened the regime of the principles of International Law and peace. The paper is divided into four parts. The first part deals with Nehru's constitutional vision; the second discusses his idea of peace and the third analyses the doctrine. Finally, the fourth part is the conclusion.


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