scholarly journals Restricting Of the Federal Constitution on The Constitutions of The Provinces. The Constitution of The Republic of Iraq for The Year 2005 As A Model

2021 ◽  
Vol 6 (4) ◽  
Author(s):  
Robert Bothwell

Canada has sometimes been called the United States’ attic: a useful feature, but one easily forgotten. Of all countries, it has historically resembled the United States the most closely, in terms of culture, geography, economy, society, politics, ideology and, especially, history. A shared culture—literary, social, legal, and political—is a crucial factor in Canadian-American relations. Geography is at least as important. It provides the United States with strategic insulation to the north and enhances geographic isolation to the east and west. North-south economic links are inevitable and very large. It has been a major recipient of American investment, and for most of the time since 1920 has been the United States’ principal trading partner. Prosperous and self-sufficient, it has seldom required American aid. There have been no overtly hostile official encounters since the end of the War of 1812, partly because many Americans tended to believe that Canadians would join the republic; when that did not occur, the United States accepted an independent but friendly Canada as a permanent, useful, and desirable neighbor—North America’s attic. The insulation the attic provided was a common belief in the rule of law, both domestic and international; liberal democracy; a federal constitution; liberal capitalism; and liberal international trade regimes. That said, the United States, with its large population, huge economy, and military power, insulates Canada from hostile external forces. An attack on Canada from outside the continent is hard to imagine without a simultaneous attack on the United States. Successive American and Canadian governments have reaffirmed the political status quo while favoring mutually beneficial economic and military linkages—bilateral and multilateral. Relations have traditionally been grounded in a negotiating style that is evidence-based, proceeding issue by issue. A sober diplomatic and political context sometimes frames irritations and exclamations, but even these have usually been defined and limited by familiarity. For example, there has always been anti-Americanism in Canada. Most often it consists of sentiments derived from the United States itself, channeled by cultural similarities. No American idea, good or bad, from liberalism to populism, fails to find an echo in Canada. How loud or how soft the echo makes the difference.


2015 ◽  
pp. 725-738
Author(s):  
Slobodan Bjelica

In Yugoslavia, in the late 1960s, there were marked constitutional reforms in the internal plan, the goal of which was to establish new relations between the republics and the federal state and, in particular, between the autonomous provinces and the Republic of Serbia. Just as the reforms of the federal constitution took place as a sign of a conflict between two concepts (which were personified by Edvard Kardelj and Aleksandar Rankovic), so did the future status of the AP (Autonomous Province) of Vojvodina provoke the expert polemics of the prominent officials. History of Yugoslavia in the second half of the 1960s, after the initiation of economic reforms and Brioni Plenary Session, is characterized by the reform attempts, which affected the federalist character of the state and led towards the decentralization of the ruling party. Revision of the federal Constitution followed, and the result was the famous Constitution of 1974. According to the so far unpublished archive documentation as well as the participants? memoires, we present to the professional audience events that have remained hidden from the public eye for 40 years.


1952 ◽  
Vol 46 (3) ◽  
pp. 723-731 ◽  
Author(s):  
Gerhard Leibholz

The new German Constitution, the Basic Law for the German Federal Republic of May 23, 1949, provides in Article 92 that the highest judicial power shall be vested in a Federal Constitutional Court. Although the Bonn Basic Law thus created a new institution, it is an institution with a precedent in the former Weımar Constitution of 1919. In accordance with the latter, the Constitutional Tribunal (Staatsgerichtshof) had jurisdiction over constitutional controversies within any Land which had no tribunal of its own for the adjustment of such controversies, as well as over controversies, other than civil law matters, among the various Laender or between the Reich and one of the Laender. And the Supreme Court (Reichsgericht), as the highest authority, could establish finally whether disputed Land statutes were compatible with the federal Constitution.The Basic Law, however, grants the new Federal Constitutional Court considerably wider jurisdiction than that accorded either to the Constitutional Tribunal or to the Supreme Court under the Weimar Constitution. The Federal Constitutional Court must, above all, arbitrate both disputes which may arise among the constitutional organs of the Republic, the so-called “federal constitutional” cases, and the so-called “conflicting rules” (Normenkollisionen) cases—the latter designating disputes involving the compatibility of the written federal law or Land law with the Basic Law, as well as the compatibility of the Land law with the federal law.


1984 ◽  
Vol 41 (1) ◽  
pp. 59-80 ◽  
Author(s):  
John E. Hodge

From 1810, when the cabildo of Buenos Aires declared itself free from Spain, through the civil and parochial wars of the post independence period Argentina struggled for constitutional order and political unity. The tyranny of Rosas, the promulgation of the Federal Constitution in 1853, and its ultimate acceptance by the Province of Buenos Aires in 1862 highlighted the drama. Hampered by vast distances, primitive transportation facilities, and the presence of nomadic hostile Indians, the drive for national unity seemed to have reached a significant milestone in 1880. That year saw the creation of the Federal District on the heels of the suppression of a serious revolt against the national government by the Province of Buenos Aires. When the port city of Buenos Aires became the capital of the Republic, and the government of the province moved to the new city of La Plata, it must have appeared to casual observers that Argentina had arrived as a modern nation-state.


2017 ◽  
Vol 25 (4) ◽  
pp. 538-560
Author(s):  
E. H. Ngwa Nfobin

Voting in 1961for reunification with the Republic of Cameroon instead of remaining Nigerian, the Southern Cameroons made a point. Neither the Treaty of Versailles partitioning the defunct German protectorate between Britain and France nor the superimposition of new values by the successor powers affected nationhood developed under the Germans. They were instead enriching features of that national identity of Kamerun. However, time has revealed how difficult it is to become the beacon of enlightened tolerance. Points of friction emerged, many articulated in the 1993 Buea Declaration that led to the creation of the Southern Cameroons National Council and the 2003 petition mainly for secession to the African Commission. One remains an oozing sore, with all possibilities of opening up into a running sore anytime – the 1972 referendum for the switch to unitarism that gave national destiny a decisively Francophone tilt. Anglophones contend Article 47 of the Federal Constitution guaranteed permanence of status beyond even the power of a referendum and that abolishing federalism entitled them to assert independence from the union. Against these, however, are surefire pro-Francophone arguments: the ‘Francophone spirit’ of the text and the agreed superiority of the French language, which stacked the odds against Anglophones even from the start.


World Affairs ◽  
2018 ◽  
Vol 181 (2) ◽  
pp. 106-132
Author(s):  
Anthony R. Brunello

The U.S. Federal Constitution was built to be a machine for displacing conflict. Madison and the other Framers erected a Federal Republic organized to control populist movements and preserve the interests of the greatest stakeholders, while offering the “most liberty imaginable” in 1788. In 2016, a populist movement ascended to the commanding heights of power. How did it happen and what are the consequences when a faction comes to power? Is it a defect of the modern structure of American government? Has the U.S. Constitution reached a place where it is no longer functional? Or can Madison’s Republic continue to work against popular factions rising in a common passion fired by fear and hatred? In tackling these questions, this article suggests that the U.S. Constitutional Framers did not know in 1788 what exiting the aristocratic and feudal world would mean and what kind of state and society the Republic would become. I argue Madison’s contributions to The Federalist are exemplars of the engineer showing how each part of the machine fits together to achieve a comprehensive and effective whole. The national populism of the kind circulating around the Western world in 2016 has posed real challenges to that machinery.


1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.


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