scholarly journals The Impact of Abusive Constitutionalism on Democracy in Pakistan

2020 ◽  
Vol V (I) ◽  
pp. 46-54
Author(s):  
Husnul Amin ◽  
Shafiq Qurban ◽  
Maryam Siddiqa
Keyword(s):  
Civil Liberties ◽  
Fundamental Rights ◽  
Constitutional Amendment ◽  
Specific Reference ◽  
Constitutional Change ◽  
Constitutional Development ◽  
The World ◽  
Key Policy ◽  
Democratic Rule ◽  
The Impact

This research concerns the constitutional development in Pakistan with a specific reference to 21st Amendment to the Constitution of Pakistan. It is widely perceived among scholarly and semi-scholarly circles that the tendency of militarys direct intervention in politics; toppling democratically elected government has been declined for the last many decades across the world. According to the new trends, military interferes in the state affairs through indirect means. One of the indirect means includes abusive constitutionalism that involves constitutional amendment and constitutional replacement as mechanisms for constitutional change. The paper explores whether 21st Amendment to Constitution of Pakistan was an abusive constitutionalism that really empowered military to get a strong hold on key policy making areas of national interest during the democratic rule. The research concludes that the 21st Amendment was an abusive constitutionalism as it curtailed civil liberties and fundamental rights of the citizens and hence undermined democracy in Pakistan.

Relinquishing Eternity

2021 ◽  
pp. 234-263
Author(s):  
Silvia Suteu
Keyword(s):  
Case Studies ◽  
Basic Structure ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Judicial Interpretation ◽  
Constitutional Adjudication ◽  
The Impact ◽  
Constitutional Revision

This chapter investigates the possibility of repealing eternity clauses and renouncing doctrines of implicit unamendability. It looks at two case studies from Turkey and India, where backtracking from an eternity clause and basic structure doctrine were debated and ultimately rejected. It also explores the possibility of placing judicial doctrines of unamendability on formal constitutional footing and discusses the impact of this move on constitutional adjudication. This chapter examines the distinctions upon which unamendability repeal rests, such as between constitutional amendment and constitutional revision, between formal and informal amendments, and between amendment and revolution. It shows how pushing back against unamendability is very difficult through formal constitutional change and unlikely through judicial interpretation.

Why Amendment Rules?

2019 ◽  
pp. 39-60
Author(s):  
Richard Albert
Keyword(s):  
Soviet Union ◽  
Public Awareness ◽  
The United States ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
The Soviet Union ◽  
Basic Law ◽  
The World ◽  
The Russian Federation ◽  
Political Commitments

Virtually all constitutions codify amendment rules. But why? What are the uses and purposes of constitutional amendment rules? Amendment rules of course create a legal process for reformers to alter the constitution. But amendment rules serve important purposes even if the constitution is never amended at all because they have essential uses beyond the obvious one of textual alteration. Amendment rules have three categories of uses: formal, functional, and symbolic. Their formal uses include repairing imperfections, distinguishing constitutional from ordinary law, entrenching rules against easy repeal or revision, and establishing a predictable procedure for constitutional change. Their functional uses include checking the court, promoting democracy, heightening public awareness, pacifying change, and managing difference. Symbolically, amendment rules can be used to express constitutional values. This chapter explains all of these many uses of amendment rules and illustrates each of them with examples drawn from constitutions around the world. This chapter also interrogates the symbolic uses of amendment rules: How can we know whether the values expressed in constitutional amendment rules reflect authentic political commitments? This chapter explains with reference to the German Basic Law that it is possible to evaluate the authenticity of the values in amendment rules by investigating the design of amendment rules and their subsequent interpretation. This chapter considers constitutions from Afghanistan, Albania, Algeria, Bosnia and Herzegovina, the Central African Republic, Chad, China, Cuba, Ecuador, Germany, Kazakhstan, Kiribati, Saint Lucia, South Africa, Spain, the Russian Federation, the Soviet Union, Ukraine, the United States, and Yugoslavia.

Democratic Erosion, Populist Constitutionalism, and the Unconstitutional Constitutional Amendments Doctrine

2020 ◽  
Vol 14 (1) ◽  
pp. 19-48
Author(s):  
Yaniv Roznai ◽  
Tamar Hostovsky Brandes
Keyword(s):  
Judicial Review ◽  
Constitutional Amendment ◽  
Constitutional Theory ◽  
Constitutional Change ◽  
Constitutional Amendments ◽  
Ongoing Process ◽  
Gradual Process ◽  
The World ◽  
Formal Procedures ◽  
Constitutional Changes

AbstractThe world is experiencing a crisis of constitutional democracies. Populist leaders are abusing constitutional mechanisms, such as formal procedures of constitutional change, in order to erode the democratic order. The changes are, very often, gradual, incremental, and subtle. Each constitutional change, on its own, may not necessarily amount to a serious violation of essential democratic values. Yet, when examined in the context of an ongoing process, such constitutional changes may prove to be part of the incremental, gradual process of democratic erosion in which the whole is greater than the sum of its parts. This Article explores how courts can respond to such constitutional changes. We argue the Unconstitutional Constitutional Amendment Doctrine should be adapted to respond to existing constitutional practices that utilize incremental and subtle amendments to dismantle the democratic order. We suggest that an aggregated judicial review should be developed. We must also rethink the automatic immunity – the result of two hundred years of revolutionary constitutional theory – provided to complete constitutional replacement from constitutional restrictions and scrutiny. Finally, as opposed to the instinct to require judicial self-restraint with respect to constitutional changes that concern the judiciary itself, we suggest that this is perhaps the type of changes that require strictest scrutiny.

scholarly journals Florida's Property Tax Reform: Local Government Impacts of the Proposed Constitutional Change

EDIS ◽  
2008 ◽  
Vol 2008 (1) ◽  
Author(s):  
Rodney L. Clouser
Keyword(s):  
Local Government ◽  
Tax Reform ◽  
Property Tax ◽  
Resource Economics ◽  
The State ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Fact Sheet ◽  
The Impact

FE707, a 7-page fact sheet by Rodney L. Clouser, is part of the Florida’s Property Tax Reform series. It reports changes in the estimated cost of the proposed constitutional amendment and informs about the impact of proposed changes to the Florida Constitution that will be voted on by the state citizens on January 29, 2008. Includes references. Published by the UF Department of Food and Resource Economics, January 2008.

scholarly journals Electronic government, digital invisibility and fundamental social rights

2020 ◽  
Vol 41 (85) ◽  
pp. 30-50
Author(s):  
Justo Reyna ◽  
Emerson Gabardo ◽  
Fabio de Sousa Santos
Keyword(s):  
Public Administration ◽  
Fundamental Rights ◽  
Electronic Government ◽  
Vulnerable Groups ◽  
Social Rights ◽  
Digital Government ◽  
Bibliographic Analysis ◽  
The World ◽  
Technological Tools ◽  
The Impact

The article aims to analyze the impact of the digitalization of Public Administration activities, labeled Electronic Government, on the ability to fulfill fundamental social rights. It adopts as a base the concept of digital invisibility, defined as the inability to have access to the digital government, mainly based on empirical data to access the world wide web. It uses the deductive methodology from the bibliographic analysis about the matter. It verifies the hypothesis that the use of technological tools as unique mediators poses a particular risk to social rights due to digital invisibility. Taking into account the objective dimension of fundamental rights, it concludes that the State must guarantee digital access broadly, especially to vulnerable groups. State recipients should not be imposed insurmountable obstacles in the search for the fulfillment of constitutional promises.

scholarly journals Why is standing up for women’s equality still relevant in 2021?

2021 ◽  
Vol 14 (1) ◽  
pp. 1-4
Author(s):  
Subarna Chakravorty
Keyword(s):  
Scientific Collaboration ◽  
Civil Liberties ◽  
Market Forces ◽  
The Poor ◽  
Sharp Focus ◽  
Women's Equality ◽  
The World ◽  
Standing Up ◽  
The Impact ◽  
At Will

It is 2021. The world is reeling from the ravages of a merciless pandemic that knew no borders and killed at will. When scientific collaboration, market forces and societal will resulted in the creation, testing, approval and deployment of multiple vaccines that may yet stop the virus in its tracks. Where most were forced to live apart, and yet joined up like never before. And yet, it has been a year where the privileges of a few were starkly overshadowed by the destitution of many. A year where inherent societal inequalities in many nations were held in sharp focus. Where the poor and disadvantaged were much more likely to be infected and die of the virus, and where untreated premorbid conditions hastened their demise. Many governments used the necessary restrictions of civil liberties to their advantage, and many congregated to protest. Where do women feature in this? The author explores the impact of inequalities on women and why women do need to stand up for equality and justice, now more than ever before. 

scholarly journals A REFORMA TRIBUTÁRIA NO BRASIL: O IVA À LUZ DA PEC 233/2008

2020 ◽  
Vol 6 (1) ◽  
pp. 22
Author(s):  
Catia Regina Raulino
Keyword(s):  
Tax Reform ◽  
Current System ◽  
Value Added ◽  
Constitutional Amendment ◽  
Tax Law ◽  
Tax Burden ◽  
The World ◽  
Tax Systems ◽  
The Impact

Atualmente, o Brasil possui um dos mais complexos sistemas tributários do mundo, também chamado por pesquisadores internacionais como “manicômio tributário”. Com 94 tributos em vigência, com normas próprias e critérios quantitativos distintos, o contribuinte dificilmente consegue compreender o que está pagando, por que está pagando e quanto está pagando. Em função disso, desde o ano de 2007, iniciaram no Brasil a tramitação de diversas propostas de alteração ao sistema vigente, tendo sido apensadas a PEC  233/08, tramitando com o nome de PEC da Reforma Tributária. Diversas são as propostas em tramitação, mas este artigo cuida de analisar apenas essa. Disposta a desburocratizar a tributação brasileira, a proposta prevê quatorze grandes alterações, trazendo consigo a promessa de diminuição da carga tributária, facilitação na compreensão e redução da quantidade de tributos existentes. Mas, o que se pode extrair da leitura do projeto é algo que, na prática, não trará tantas mudanças positivas quanto promete. Este artigo fará uma análise dedutiva sobre o conteúdo do projeto de lei, verificando através de ampla pesquisa o impacto de sua aplicação, estudando o seu surgimento histórico, discutindo alguns aspectos da teoria de tributação, realizando um comparativo com os modelos vigentes nos demais países para analisar se, teoricamente, as proposições trariam um sistema ideal.Palavras-Chave: Direito Tributário. Imposto. Valor Agregado. Europa. MERCOSUL.The tax reform in Brazil: the VAT in the light of the PEC 233/2008ABSTRACTToday, Brazil has one of the most complex tax systems in the world, also called by international researchers as a “tax insane asylum”. With 94 taxes in place, with its own rules and different quantitative criteria, the taxpayer can hardly understand what he is paying, why he is paying and how much he is paying. As a result, since 2007, several proposals for alteration to the current system have been initiated in Brazil, and PEC (Proposal for Constitutional Amendment) 233/08 has been joined, being called the PEC of the Tax Reform. There are several proposals in the pipeline, but this article deals only with this one. Willing to reduce bureaucracy in Brazilian taxation, the proposal foresees fourteen major changes, bringing with it the promise of reducing the tax burden, facilitating understanding and reducing the amount of existing taxes. But what you can get from reading the project is something that in practice will not bring as many positive changes as it promises. This article will make a deductive analysis on the content of the bill, checking through extensive research the impact of its application, studying its historical emergence, discussing some aspects of tax theory, making a comparison with the models in force in other countries to to analyze if, theoretically, the propositions would bring an ideal system.Keywords: Tax Law. Tax. Value Added. VAT. Europe. MERCOSUR.

Coronavirus and the Law in Europe

2021 ◽  
Keyword(s):  
Public Health ◽  
Public Health Emergency ◽  
Fundamental Rights ◽  
World Health ◽  
Collaborative Effort ◽  
Legal Questions ◽  
The World ◽  
The Law ◽  
Health Organization ◽  
The Impact

On 30 January 2020, in response to the globalisation of COVID-19, the World Health Organization declared a Public Health Emergency of International Concern. The deadly outbreak has caused unprecedented disruption to travel and trade and is raising pressing legal questions across all disciplines, which this book attempts to address. <br><br>The aims of this book are twofold. First, it is intended to serve as a 'toolbox' for domestic and European judges, who are now dealing with the interpretation of COVID-19-related legislation and administrative measures, as well as the disruption the pandemic has caused to society and fundamental rights. Second, it aims to assist businesses and citizens who wish to be informed about the implications of the virus in the existence, performance and enforcement of their contracts. <br><br><i>Coronavirus and the Law in Europe</i> is probably the largest academic publication on the impact of pandemics on the law. This academic endeavour is a joint, collaborative effort to structure the recent and ongoing legal developments into a coherent and pan-European overview on coronavirus and the law. It covers practically all European countries and legal disciplines and comprises contributions from more than 80 highly reputed European academics and practitioners.

scholarly journals Democratic Institutions and Practices and the Impact on Covid-19 Outcomes: Global State of Democracy 2021 Thematic Paper

2021 ◽  
Author(s):  
Kelly M. McMann ◽  
Daniel Tisch
Keyword(s):  
Authoritarian Regimes ◽  
Fundamental Rights ◽  
Statistical Analyses ◽  
Public Intellectuals ◽  
Democratic Institutions ◽  
Global State ◽  
Death Rates ◽  
Vaccination Rates ◽  
The World ◽  
The Impact

Despite the narratives of authoritarian states, the concerns of journalists and public intellectuals in democracies, and the results of some early studies, this paper shows that democracies fare no worse than authoritarian regimes in combating the Covid-19 pandemic. Democracy is not associated with higher Covid-19 death rates, nor is it associated with lower vaccination rates. Moreover, among many democratic countries, high levels of key democratic components -such as fundamental rights and impartial administration—seem to help prevent deaths and boost vaccination rates. These conclusions are based on statistical analyses of democracy components, as measured by International IDEA’s Global State of Democracy (GSoD) Indices, and the reported Covid-19 death rates and Covid-19 vaccination rates in all countries of the world with a population of at least one million people.

scholarly journals Do Civil Liberties Really Matter During Pandemics?

2020 ◽  
Vol 9 (1) ◽  
pp. 62-98
Author(s):  
Conrad Nyamutata
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
Disease Outbreaks ◽  
Authoritarian Regimes ◽  
Control Measures ◽  
Health Control ◽  
The Core ◽  
Human Rights Treaties ◽  
The World ◽  
The Impact

The outbreak of the coronavirus disease (covid-19) in December 2019 precipitated public health control measures in many states across the world. The impact of covid-19 was as unprecedented as were the measures introduced by states to control it. The outbreak provides an opportunity to analyse responses of states to pandemics. At the core of this article is the question whether civil liberties matter during pandemics. A rights-based approach is founded on human rights protected in international human rights treaties. In cases of massive disease outbreaks, states adopt and enforce typically radical measures to contain the spread of the infection. After the outbreak of covid-19, a range of restrictions was imposed by the affected states. However, in the haste to contain a rapidly spreading pandemic, human rights are potentially vulnerable to violations. This article assesses the responses to the pandemic by states within the context of human rights. As the article seeks to illustrate, in times of pandemics, the law on management of pandemics does not favour human rights observance. Even states with deep-rooted democratic cultures resort to illiberal responses. The rhetoric of inalienability of rights becomes hollow as even traditional democratic states mimic authoritarian regimes.

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