The Myth of the Illiberal Democratic Constitution

2021 ◽  
pp. 425-441
Author(s):  
David Landau
2017 ◽  
Vol 6 (1) ◽  
pp. 153-168
Author(s):  
Celal Hayir ◽  
Ayman Kole

When the Turkish army seized power on May 27th, 1960, a new democratic constitution was carried into effect. The positive atmosphere created by the 1961 constitution quickly showed its effects on political balances in the parliament and it became difficult for one single party to come into power, which strengthened the multi-party-system. The freedom initiative created by 1961’s constitution had a direct effect on the rise of public opposition. Filmmakers, who generally steered clear from the discussion of social problems and conflicts until 1960, started to produce movies questioning conflicts in political, social and cultural life for the first time and discussions about the “Social Realism” movement in the ensuing films arose in cinematic circles in Turkey. At the same time, the “regional managers” emerged, and movies in line with demands of this system started to be produced. The Hope (Umut), produced by Yılmaz Güney in 1970, rang in a new era in Turkish cinema, because it differed from other movies previously made in its cinematic language, expression, and use of actors and settings. The aim of this study is to mention the reality discussions in Turkish cinema and outline the political facts which initiated this expression leading up to the film Umut (The Hope, directed by Yılmaz Güney), which has been accepted as the most distinctive social realist movie in Turkey. 


Author(s):  
Patricia García Majado

El objeto del presente artículo es analizar el papel que la inviolabilidad regia desempeña en el marco del sistema democrático español y su particular régimen jurídico. Para ello, aquélla tratará de desvincularse de concepciones pretéritas que justificaban su existencia, tratando de hallarle su fundamento en el marco de una Constitución democrática, desentrañando, a partir de la misma, la función que dicho instituto ostenta en el ordenamiento español. A continuación, tratará de estudiarse su alcance, tanto en términos temporales como materiales, a efectos de comprobar si resulta compatible o no con la función que la inviolabilidad tiene asignada; todo ello a efectos de determinar si nos hallamos ante una justificable prerrogativa o ante un intolerable privilegio.The aim of this paper is to analyze both the role that the royal prerogative plays in the Spanish democratic system and its particular legal regime. For that purpose, it will be detached from past or historical conceptions which before justified its existence, trying to find its present foundation in the framework of a democratic Constitution, which will determine the function it is called to play in the Spanish legal order. Then, the paper will explore its legal scope, both in substantive and temporal terms, so as to verify whether it is compatible with the function the inviolability holds and, consequently, if we are dealing with a justifiable prerogative or an intolerable privilege.


Author(s):  
Alessandra Bonci ◽  
Francesco Cavatorta

This chapter discusses the evolution of the politics of term limits in Tunisia, from independence in 1956 until the approval of the 2014 democratic constitution. Through the observation of the manipulation of term limits, we can retrace the political history of the country. It is interesting to examine how Bourguiba and Ben Ali managed to achieve their goals by stretching term limits, how and in which conditions they were prevented to do so and finally, whether there are some recurring patterns. This study then places in historical perspective the analysis on how term limits in Tunisia today have been discussed and implemented. Tunisians today are still coping with the recent political turmoil, which may lead them not to pay attention to creeping but substantial constitutional changes that might occur in light of the return to presidential practices in what is a semi-presidential system.


2010 ◽  
Vol 11 (1) ◽  
pp. 1-7 ◽  
Author(s):  
Susanne Baer ◽  
Christian Boulanger ◽  
Alexander Klose ◽  
Rosemarie Will

For Germany 2009 was a year of constitutional anniversaries: the first democratic constitution (Paulskirchenverfassung of 1849) was promulgated 160 years ago; the 1919 Weimar Constitution would have turned 90; and finally, the country celebrated 60 years of the Basic Law, which was proclaimed and signed in Bonn on 23 May 1949. Despite its birth in the midst of economic and political turmoil and widespread disillusion with politics, the Basic Law has come to be regarded as a “success story.” As is well known, it was never meant to last – the very term “Grundgesetz” (basic law) indicated that it was intended to serve as a temporary constitutional framework until the enactment of a new constitution for the whole of Germany. Yet the Basic Law outgrew its provisional character. Today, not only the political establishment is united in praising the Grundgesetz. The scholarly assessment also has been mostly positive. The constitutional bargain struck in 1949 has been able to achieve what no previous German constitution had managed. The right and the left of the German political spectrum fashioned an enduring compromise that combined democracy, federalism and the welfare state. It is part of the story that the old anti-liberal and nationalist elite had been thoroughly delegitimized by loosing the war. Also, the Allies gave the effort an additional nudge. The progressive changes could then be implemented quite effectively by relying on the juristic culture of the Rechtsstaat that dates back to the bureaucratic legacy of, among others, the Prussian state.


2020 ◽  
pp. 106591292096710
Author(s):  
Tereza Jermanová

In 2014, Tunisia’s National Constituent Assembly (NCA) almost unanimously approved the country’s first democratic constitution despite significant identity-based divisions. Drawing on the Tunisian case, the article explores the role of an inclusive constitution-making process in fostering constitutional agreement during democratization. Emerging studies that link different process modalities to democracy have so far brought only limited illumination to how inclusive processes matter, nor were these propositions systematically tested. Using process tracing, and building on original interviews gathered in Tunisia between 2014 and 2020, this article traces a causal mechanism whereby an inclusive constitution-making process allowed for a transformation of interpersonal relationships between political rivals. It demonstrates that more than two years of regular interactions allowed NCA deputies to shatter some of the prejudices that initially separated especially Islamist and non-Islamist partisans and develop cross-partisan ties, thus facilitating constitutional negotiations. However, I argue that the way these transformations contributed to constitutional settlement is more subtle than existing theories envisaged, and suggest alternative explanations. The article contributes to the debate about constitution-making processes by unpacking the understudied concept of partisan inclusion and applying it empirically to trace its effects on constitutional agreement, bringing precision and nuance to current assumptions about its benefits.


1994 ◽  
Vol 13 (1) ◽  
pp. 17-37 ◽  
Author(s):  
Jeremy McInerney

Jacoby's influential opinion that the Atthidographers were part of the political discourse of the fourth century has been the subject of revision in recent years. His critics have argued that the genre of Atthidography is primarily antiquarian and that to look for partisan political attitudes in the Atthides is a mistake. An examination of the work of Kleidemos, however, reveals a coherent presentation of the Athenian past designed to vindicate the democratic constitution and to demonstrate the close connection between the democracy and Athens' naval power. This emerges most clearly in Kleidemos's treatment of three important democratic heroes: Theseus, Kleisthenes, and Themistokles. By the fourth century, Theseus had already emerged as the most popular Athenian hero. His accomplishments were modeled in part on the deeds of Herakles and were recorded in vase painting and relief sculpture, and on the walls of the Stoa Poikile. Kleidemos presented a distinctive account of Theseus, emphasizing his role in founding the Athenian navy in preparation for the expedition to Krete. Kleidemos portrayed him as a leader capable of defending Athens and making peace with Athens' enemies, first the Kretans and later the Amazons. This is a king in the tradition of Euripides' Theseus in the Suppliants, the ruler of a free and democratic city. The connection between democratic leadership, Athenian might, and the naval power of Athens is also underscored in Kleidemos's handling of Kleisthenes. Again, the information provided by Kleidemos is distinctive, inasmuch as he reports that it was Kleisthenes who was responsible for the system of naukrariai, which he likens to the symmories of the fourth century. Unlike the version of the Ath. Pol., which imagines the Kleisthenic demes replacing the Solonian naukrariai, Kleidemos saw the demes and naukrariai as complementary divisions, the former organizing the state's resources for the upkeep of the navy, and the latter establishing the political basis for the democracy. Themistokles is also given unique treatment. Kleidemos records the anecdote according to which Themistokles was responsible for the Battle of Salamis because he found sufficient money to man the ships when the generals had run out of funds and had ordered the abandonment of the city. He used the disappearance of the gorgoneion of the statue of Athena as an excuse to ransack the baggage of the Athenians and collect enough wealth to pay the fleet. The story is as tendentious as the account in the Ath. Pol., which gives the credit to the Areopagos. Both versions demonstrate how Athens' past had become a battleground in the political debates of the mid-fourth century. Unlike the epitaphios logos with its emphasis on the eternal and unchanging glory of Athens, the "Atthis" of Kleidemos attempted to prove that the greatness of Athens rested historically on three foundations: the heroes of the democracy, the democratic constitution, and the navy.


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