The People and the Democratic Constitution

The Legality of Liberal Revolution

Review of Central and East European Law ◽

10.1163/15730352-00000002 ◽

2013 ◽

Vol 38 (3-4) ◽

pp. 217-237 ◽

Cited By ~ 2

Author(s):

William Partlett

Keyword(s):

New Age ◽

Constitutional Court ◽

The People ◽

Russian President ◽

Revolutionary Ideology ◽

Democratic Constitution

Since the fall of communism, liberals have sought to reclaim the mantle of revolution. This new age of liberal revolution, they argue, culminates in a transformative ‘moment’ when the people unite to throw off their shackles and establish a democratic constitution. These founding moments are therefore extraordinary periods of unconstrained politics, where the sovereign people transcend the formal borders of institutionalized politics and legality to draft the constitutional boundaries of their new liberal order. Russian President Boris El’tsin placed his violent and illegal dissolution of the Russian Parliament and period of authoritarian dictatorship within this tradition of liberal revolution. Throughout 1993, El’tsin justified his decision to disband Parliament as the necessary action of an agent of the people in a period of extraordinary (and extralegal) politics. Western commentators have generally placed Russia’s constitutional foundation within this revolutionary paradigm of extraordinary politics. In Russia, however, both El’tsin’s methods and this revolutionary tradition are increasingly viewed with suspicion. This viewpoint is best expressed in the writing of the Chairman of the Russian Constitutional Court, Valerii Zor’kin. Steeped in the anti-revolutionary ideology of the late tsarist Russian constitutionalists, Chairman Zor’kin argues that El’tsin’s actions at the Russian founding helped spawn a culture of lawlessness that has undermined Russian democracy. Although Zor’kin’s approach is flawed, it is an important reminder for liberal constitutional thinkers to reexamine the concrete effects of a desire for a democratically pure founding moment.

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The Constitution of Nepal: On the Touchstone of Constitutionalism and Good Governance

Journal of Political Science ◽

10.3126/jps.v17i0.20512 ◽

2017 ◽

Vol 17 ◽

pp. 36-51

Author(s):

Kapilmani Dahal

Keyword(s):

Political Science ◽

Good Governance ◽

Qualitative Information ◽

Analytical Methodology ◽

Positive Expectation ◽

The People ◽

The World ◽

The Subject ◽

Democratic Constitution

Various types of constitutions can be seen in practice all over the world. However democratic constitution must have guaranteed the constitutionalism and good governance. In Nepal, the constitution is under the observed course. It can be tested on the touchstone of constitutionalism and good governance. The objectives of this article are: to describe the provisions relating to good governance and constitutionalism, to find out the relation between constitutionalism and good governance and to show the variables constitutionalism and good governance as essence of democracy. Descriptive-analytical methodology has been adopted in the process of writing. Qualitative information has been taken from the constitution of Nepal. The constitution of Nepal has adopted some attributes of constitutionalism and good governance. The constitution is in the process of implementation so what types of indicators it will show; it has become the subject of positive expectation for all the people. Constitutionalism and good governance are not only the basic elements of democracy but also the essence of democracy and they are interrelated also. So the constitution will be successful when it will provide the constitutionalism and good governance properly in practice. Journal of Political Science. Vol. 17, 2017, Page: 35-51

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The People and the Democratic Constitution

Constitutional Theory ◽

10.1215/9780822390589-019 ◽

2008 ◽

pp. 268-279

Keyword(s):

The People ◽

Democratic Constitution

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The Role of the People in the Amendment of the 1945 Constitution Based on Democratic Constitution Making: Future Prospects

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) ◽

10.22304/pjih.v7n1.a2 ◽

2020 ◽

Vol 07 (01) ◽

pp. 19-42

Author(s):

Muhammad Jamaluddin

Keyword(s):

Active Role ◽

Constitutional Court ◽

The People ◽

The Will ◽

The Republic ◽

The Government ◽

Constitutional System ◽

The Guardian ◽

Democratic Constitution

The amendments to the 1945 Constitution allegedly are not in line with the expectations of a democratic constitution. In fact, the role of the people in four amendments to the 1945 Constitution was very limited. The people who were involved in the amendment processes represented limited number of groups. Incidentally, only people with important and dominant powers were involved. The people were also not involved from the beginning of the amendment processes. Therefore, the role of the people in the amendments had not been carried out optimally. The results of the study show that the role of the people directly and actively in the amendment could increase transparency and public trust towards the government. The people are expected to be more responsive, accommodating, aspirational, and participatory to give rise to a match between the will of the people and the wishes of the government in the realization of the ideals of the Indonesian nation. The direct and active role of the people can be realized through conventional media, print media, and electronic media in a structured and systematic manner. It is expected that the people’s role will be able to strengthen the Indonesian constitutional system and economic, political, social, and cultural stability, as well as the defense and security of the Republic of Indonesia. In addition, the direct involvement of the people is expected to be in line with the optimization of the role of the Constitutional Court as the ‘guardian of the constitution’ to maintain the purity of the 1945 Constitution.

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