Repere de identitate constituțională în România pre- și post-comunistă

2020 ◽  
Vol 2020 (2020) ◽  
pp. 54-75
Author(s):  
Răzvan Cosmin ROGHINĂ ◽  

The Romanian Constitution, in art. 1 parag. 3, states that fundamental constitutional values such as human dignity, citizen rights and liberties, the free development of human personality, justice and political pluralism are to be understood through the spirit of the Romanian democratic traditions. Thus, working with traditions, we have to seek constitutional identity signs in the past, in order to see, in a wider analytical and institutional background, what defines the political identity of the Romanian people as a whole and as individuals (citizenship can be discussed in paradox terms). Such an academic endeavor can successfully turn into a book subject, considering its complexity and its inter, intra and pluri scientific field connections. In the limits of a research article, we will briefly explore the constitutional history of pre- and modern Romania (which is mainly a history of constitutional transplant). One of the aimed purposes of the paper is to discover the Romanian individual that constitutes the soul or matrix of the national state or to see if a Constitution really constitute constitutional identity.

2019 ◽  
Vol 60 (1) ◽  
pp. 95-118
Author(s):  
Marcin Michał Wiszowaty

Abstract The purpose of this paper is to answer the main research question “is there a constitutional continuity in Poland or even the Polish constitutional identity or rather there was a permanent discontinuation in last 100 years of Polish history of state?” For this purpose, the Polish constitutional history in the 20th and 21st centuries has been analyzed with respect to the changes made in the Polish political system over the past century from republican and democratic governments with a strong parliament to governments more akin to the monarchy, with a strong presidency, and even autocratic. Looking for sources of Polish political inspiration references are made to the legacy of the Polish-Lithuanian Commonwealth.


Author(s):  
Nurit Yaari

This chapter examines the lack of continuous tradition of the art of the theatre in the history of Jewish culture. Theatre as art and institution was forbidden for Jews during most of their history, and although there were plays written in different times and places during the past centuries, no tradition of theatre evolved in Jewish culture until the middle of the nineteenth century. In view of this absence, the author discusses the genesis of Jewish theatre in Eastern Europe and in Eretz-Yisrael (The Land of Israel) since the late nineteenth century, encouraged by the Jewish Enlightenment movement, the emergence of Jewish nationalism, and the rebirth of Hebrew as a language of everyday life. Finally, the chapter traces the development of parallel strands of theatre that preceded the Israeli theatre and shadowed the emergence of the political infrastructure of the future State of Israel.


2018 ◽  
Vol 43 (3) ◽  
pp. 274-313
Author(s):  
Enver Hasani

Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.


2020 ◽  
Vol 20 (3) ◽  
pp. 7-52
Author(s):  
Miroslav Tuđman

The author gives an overview of the history of National Security and the Future (NSF). The first editorial board accepted a clear vision and mission of the NSF. That is why the NSF had to react to the political circumstances in which the journal has operated for 20 years. In the first period, international circumstances and the policy of detuđmanization directly influenced the choice of topics and papers published in the journal. For the past five years, the NSF has paid particular attention to the security of national and European critical infrastructure. A total of 257 texts were published on more than 8,000 pages and authored by 134 authors from 25 countries. The NSF has published studies on historical forgery, information operations, production of "fake news" and contributions to the theory and methodology of intelligence activities.


Author(s):  
Christopher J. Lee

Anti-colonialism as a historical phenomenon defies easy categorization. Despite its use as an expression across a range of academic disciplines, it resists simple definitions of practical form, political scope, and empirical content due to the ubiquity of anti-colonial thought and activism across time and geography. It is arguably one of the oldest forms of political conduct in the basic sense of opposing foreign domination. Yet, in most cases, it has primarily served as a generic rhetorical device to describe that which is against colonialism. This chapter offers a reassessment of anti-colonialism. Its reservations about monolithic approaches to colonialism and anti-colonialism reflect a common appraisal formulated by many scholars over the past several decades. Anti-colonialism must be recognized and understood as a significant phenomenon in defining the political history of the modern world. However, it must also be considered in many cases as indiscrete from the colonialism it confronted.


2016 ◽  
Author(s):  
Luigi Lacchè

This volume gathers together 25 essays dedicated to the history of four important constitutional experiments (France, Belgium, Switzerland and Italy). While it considers these experiments and developments in the 19th and 20th centuries, comparative constitutional history, nevertheless, offers the possibility of obtaining a wider purview. It is in this sense that we can speak of the myth of the English constitution pervading the discourses and language of the French liberals, of Belgium being referred to as “Little England” in Italy, and the Modell Deutschland as increasingly becoming an object of fascination for Italian scholars of public law. In the 1830s Alexis de Tocqueville analysed the situation in Switzerland and compared the different kinds of federalism present in America and in Europe. A European comparative constitutional history, taking up a global perspective, can help us to better decipher two very important issues pertinent to our times: first, for assessing the identity and the constitutional substance of a living common core of the European constitutional traditions; and second, for considering constitutional history as a useful tool to address different levels of global constitutionalism and new trends of governance. History & Constitution offers not only insights into the past, but also provides some guidelines for the future.


Author(s):  
Yana E. Kanevskaya ◽  
◽  
David M. Feldman ◽  

The article considers the history of the term “wrecking.” The study allows describing and analyzing political events which the chosen terms correlate with. The authors manage to trace the functions of the term “wrecking” at different historical times, as well as to establish a connection between the function of the term and the political tasks of the leadership.


Author(s):  
Mary Ziegler

This article illuminates potential obstacles facing the reproductive justice movement and the way those obstacles might be overcome. Since 2010, reproductive justice—an agenda that fuses access to reproductive health services and demands for social justice—has energized feminist scholars and activists and captured broader public attention. Abortion rights advocates in the past dismissed reproductive justice claims as risky and unlikely to appeal to a broad enough audience. These obstacles are not as daunting as they first appear. Reframing the abortion right as a matter of women’s equality may eliminate some of the constitutional hurdles facing a reproductive justice approach. The political obstacles may be just as surmountable. Understanding the history of the constitutional discourse concerning reproductive justice and reproductive rights may allow us to move beyond the impasse that has defined the relationship between the two for too long.


Literator ◽  
1994 ◽  
Vol 15 (2) ◽  
pp. 19-34
Author(s):  
W. A.M. Carstens

This article focuses on views expressed in newspaper articles and in letters to the editor about the future of Afrikaans in a new political dispensation. It seems as if people do not believe that despite the constitutional assurances of November 1993 - Afrikaans will be able to maintain its present status as one of the official languages of South Africa as the mistakes of the past are constantly being thrown into its face. There have been signs in the business community (for example by Toyota, Coca-Cola, BMW, SA Breweries) and in the political arena that English, rather than Afrikaans, is the favoured language. The views expressed in the articles and letters indicate that the Afrikaans community will not accept this attitude and that a new struggle for language rights (especially those of Afrikaans in the light of the history of Afrikaans) could be the result. This struggle could according to one letter writer - have serious consequences for peace in the country after the assumption of power by a new government will come to power after April 27 1994.


2013 ◽  
Vol 45 (3) ◽  
pp. 581-584
Author(s):  
Avinoam Shalem

The Western academy's growing interest in the contemporary arts in the Arab world illustrates the desire to map “Islam”—problematic as this term is—within the global history of cultures and to integrate it into “Western” models of the writing and documenting of the past. As positive and corrective as these academic approaches may seem, the notion of recording time—that is, writing history—is still firmly bound at the beginning of the 21st century to the idea of continuity, and the pattern of “Western”-centric thinking imposes that notion upon contemporary artists and art historians. Yet the political changes and spontaneous eruptions that the Middle East and North Africa are experiencing, especially since the beginning of 2011, defy and resist conventional interpretations of historical processes and therefore demand a rethinking of the configuration of the past.


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