scholarly journals Electoral Reform in Japan: A Comparative Constitutional Law Perspective

1997 ◽  
Vol 27 (1) ◽  
pp. 25
Author(s):  
Kichimoto Asaka
Keyword(s):  
New Zealand ◽  
Constitutional Law ◽  
Electoral Systems ◽  
Point Of View ◽  
Electoral Reform ◽  
Legal Context ◽  
Comparative Constitutional Law ◽  
Electoral Reforms

The electoral systems of both Japan and New Zealand were recently reformed, and both states had their first elections under the new regimes in October 1996. This article considers some features of the two electoral systems from the point of view of the legal context in which the electoral reforms were made, and of the main reasons for those reforms.

scholarly journals Conceptual and functional diversity of the ombudsman institution in Asia (comparative constitutional law analysis)

2017 ◽  
Vol 1 (2) ◽  
pp. 74-83
Author(s):  
Lívia Trellová
Keyword(s):  
Functional Diversity ◽  
Constitutional Law ◽  
Point Of View ◽  
Final Part ◽  
Legal Doctrine ◽  
Starting Point ◽  
Comparative Constitutional Law ◽  
Bar Association

This paper deals with conceptual and functional diversity of the Ombudsman Institution in Asia from comparative constitutional point of view. The author analyses ombudsman institution in Asia. Characteristics and definiton of Ombudsman made by European legal doctrine and also by the International Bar Association resolution was used as an starting point to set certain criteria upon which Asian ombudsman institutions are subject to comparative anaysis. Final part throws light on the prospects and problems of models, establishment and functioning of ombudsman institutions in Asia.

New Zealand

2021 ◽  
pp. 211-233
Author(s):  
Matthew S. Shugart ◽  
Matthew E. Bergman ◽  
Cory L. Struthers ◽  
Ellis S. Krauss ◽  
Robert J. Pekkanen
Keyword(s):  
New Zealand ◽  
House Of Representatives ◽  
Electoral Systems ◽  
Electoral Reform ◽  
Issue Ownership ◽  
Before And After ◽  
The Impact

This chapter focuses on the impact of electoral reform in New Zealand, which changed from first-past-the post (FPTP) to mixed-member proportional (MMP). The chapter analyzes the National and Labour parties under both electoral systems. As expected, the expertise model becomes more important to parties’ allocation of legislators to House of Representatives committees after the electoral reform to MMP, due to the move to a system in which votes cast anywhere count toward seat maximization. Parties also change how they assign members under the electoral–constituency model, as the system moves from one in which winning districts is the exclusive way in which a party maximizes seats to one in which legislators representing districts may be leveraged to help the party win more votes from the party list. Both parties show strong issue ownership tendencies before and after electoral reform.

An intra-party account of electoral system choice

2018 ◽  
Vol 8 (2) ◽  
pp. 251-267 ◽  
Author(s):  
Valentin Schröder ◽  
Philip Manow
Keyword(s):  
20Th Century ◽  
Electoral Systems ◽  
Electoral System ◽  
Electoral Reform ◽  
District Level ◽  
Early 20Th Century ◽  
Roll Call ◽  
Party Leaders ◽  
Level Data ◽  
Electoral Reforms

AbstractWe present an intra-party account of electoral reform, contrasting the incentives of legislators (MPs) with those of party leaders. We develop our argument along the switch to proportional representation (PR) in early 20th century Europe. District-level electoral alliances allowed bourgeois MPs to counter the “socialist threat” under the electoral systems in place. PR was thus unnecessary from the seat-maximizing perspective that dominates previous accounts—intra-party considerations were crucial: candidate nomination and legislative cohesion. We show our argument to hold empirically both for the prototypical case of Germany, 1890–1920, using encompassing district-level data on candidatures, elections, electoral alliances, roll call votes and a series of simulations on reform effects; and for the implementation of electoral reforms in 29 countries, 1900–31.

Electoral Systems in Context

2018 ◽  
pp. 850-870 ◽  
Author(s):  
Gianluca Passarelli
Keyword(s):  
Electoral Systems ◽  
Electoral System ◽  
System Change ◽  
Electoral Reform ◽  
Divided Government ◽  
Postwar Period ◽  
Industrialized Democracies ◽  
First Republic ◽  
Electoral Reforms ◽  
Major Reform

Italy stands out among advanced industrialized democracies because of its frequency of major electoral reforms. In the postwar period, Italy has experienced four major electoral systems: the proportional representation (PR) system of the First Republic (1948–1992), mixed-member majoritarian (MMM, 1993–2005), and two varieties of PR with majority bonus (2005–2015, 2015–). In addition, there have been many failed attempts at electoral reform through legislation or referendum. The frequency of electoral reform makes Italy an important case for investigating the causes and effects of electoral system change. However, the path to each change has been somewhat idiosyncratic: the major reform of 1993 came against the backdrop of revelations of massive corruption, while the 2005 reform can be understood as an attempt to engineer divided government by an incumbent coalition expecting losses in the next election. The effects of the electoral reforms have also not always been as expected.

Constituting Scotland

2016 ◽  
Author(s):  
W. Elliot Bulmer
Keyword(s):  
Constitutional Law ◽  
Constitutional Theory ◽  
Constitutional Design ◽  
Global Trends ◽  
National Movement ◽  
Comparative Constitutional Law ◽  
Constitutional Thought ◽  
Scottish Government ◽  
Historical Trajectory ◽  
Constitutional Tradition

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future independent Scotland. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP’s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi
Keyword(s):  
Constitutional Law ◽  
Administrative Law ◽  
Point Of View ◽  
Legal Research ◽  
The Government ◽  
The Village ◽  
The Relationship

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.

The judicial review of legality

2021 ◽  
Author(s):  
Natalie R. Davidson ◽  
Leora Bilsky
Keyword(s):  
Judicial Review ◽  
Constitutional Law ◽  
New Model ◽  
Substantive Content ◽  
Comparative Constitutional Law ◽  
Recent Developments ◽  
Relationship Of

In comparative constitutional law, the various models of judicial review require courts to examine either the substantive content of legislation or the procedure through which legislation was passed. This article offers a new model of judicial review – ‘the judicial review of legality’ – in which courts review instead the forms of law. The forms of law are the ways in which law communicates its norms to the persons who are meant to comply with them, and they include generality, clarity, avoidance of contradiction, and non-retroactivity. Drawing on recent writing on the jurisprudence of Lon Fuller, this article argues that Fuller’s linking of the forms of law to a relationship of reciprocity between government and governed can ground judicial review and that such review provides a missing language to address important legislative pathologies. Moreover, through an analysis of recent developments in Israel, the article demonstrates that the judicial review of legality targets some of the key legal techniques of contemporary processes of democratic erosion which other models of judicial review struggle to address, all the while re-centring judicial review on the lawyer’s craftsmanship and thus reducing problems of court legitimacy. This article therefore offers a distinctive and normatively appealing way for courts to act in troubling times.

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