Foundation of the Republic—Constitutional Changes and Dictatorship

2021 ◽  
pp. 126-134
Author(s):  
M. Philips Price
2018 ◽  
Vol 2 (1) ◽  
pp. 45
Author(s):  
Zen Zen Zanibar

The 1945 Constitution of the Republic of Indonesia was amended for four times between 1999 and 2002) in the reformation era. These constitutional changes have altered the principles and the structure of the Indonesian primary state‟s institutions. Broadly speaking, all of the power branches – i.e. legislative, executive and judiciary organs– are now interrelated horizontally in running the country and none of them is superior to the others. Such constitu-tional system is generally found in countries that employ a presidential system. However, by reviewing the authority hold by the legislatures, it is found that some characteristics of a parlia-mentary system are also applied in Indonesia


2017 ◽  
Vol 6 (1) ◽  
pp. 31-36
Author(s):  
Ilda Jeha ◽  
Ylli Cabiri

Abstract The history of Albanian Constitutions dates back in April 1914 with the Statute of Albania drafted by a National Committee of that time. The new Albanian Constitution was adopted by the Parliament 18 years ago and confirmed by a Referendum1, becoming the first democratic Constitution following political changes in Albania. After 1991, the stature of Albania changed significantly and the country managed to build new democratic institutions, advanced in establishing a market economy and ensuring human rights, and made important steps towards integration in Euro-Atlantic institutions. In this context, constitutional changes were normal, despite the overall misperception that the Constitution is a document that must not be amended. So, a provisional package of amendments was drafted to avoid obstacles along the way, and a new Constitution was adopted in 1998, later on amended in 2012 and 2016. Analysis of such amendments points out some problems. What should be the procedure for constitutional changes? Parliamentary vote or referendum? In this view, the 2012 constitutional changes - albeit hasty - did not affect the backbone of the document and could be introduced without a referendum, simply with a parliamentary adoption, as was the case. In contrast, the 2016 amendments were adopted unanimously, but they affected the backbone of the Constitution and therefore a referendum should have been called. Should the impact of such amendments be measured? This is another important issue that is not considered actually. But, in our opinion, monitoring any amendments by the Parliament or the President of the Republic is to the benefit of democratic developments and serves any further intentions for constitutional changes. We believe that the Constitution should clearly prescribe the procedure for constitutional changes to save them from becoming a pawn of momentary political interests.


2020 ◽  
Vol 2020 (56) ◽  
pp. 158-170
Author(s):  
Oksana Kukuruz

In the article it is noted that since the introduction of the Basic Law in Ukraine (23 years) eight changes have been made, while in Poland (22 years) – two changes have been made. The article focuses on the reasons for amending the Constitution of Ukraine, which are related to the redistribution of powers (2004, 2010 and 2014). The author emphasizes that the reasons for constitutional change must be connected with public policy based on the public interest and not with politics as a struggle for power.


2015 ◽  
pp. 118-133
Author(s):  
Maciej Herbut

The Turkish Armed Forces have played a key role in politics since the establishment of the republic in 1923. Despite the thorny relations between the civilian and military elites, the process of European integration played an extremely important role in bringing the country on a path of democratic reforms. Both opposing sides, namely the Justice and Development Party (AKP) and the Turkish Military (TSK), in the context of the ongoing process of European integration and a relatively high societal support for Turkey’s EU accession, seemed to accept more conciliatory approaches to each other (2001–2006). Unfortunately, starting from 2006, along with the rise of euroscepticism among Turks and the loosening of ties with the EU, the AKP and TSK adopted more antagonistic stances towards each other. The European Union and its institutions, which also influence constitutional changes in Turkey, therefore create an extremely important international context for democratisation.


2020 ◽  
Vol 16 (4) ◽  
pp. 785
Author(s):  
Ahmad Ahmad ◽  
Novendri M. Nggilu

Perubahan UUD 1945 yang telah dilakukan MPR membuktikan, bahwa ada benturan kepentingan sehingga menjadikan perubahan konstitusi yang ‘tambal sulam’ dan tidak berorientasi kepentingan jangka panjang, serta jauh dari kata memuaskan karena ‘elitis’ dan kurang partisipatif, maka perubahan konstitusi seharusnya tidak dilakukan oleh satu lembaga saja yang dalam hal ini adalah MPR. Oleh karna itu, penting kirannya melibatkan Mahkamah Konstitusi agar tercipta hasil perubahan UUD NRI 1945 yang partisipatif. Penelitian ini bertujuan untuk mengetahui tentang apa urgensi pelibatan mahkamah konstitusi dalam perubahan Undang Undang Dasar Negara Republik Indonesia  Tahun 1945, dan bagaimana prospektif pelibatan mahkamah konstitusi dalam perubahan undang undang dasar  Negara Republik Indonesia  Tahun 1945. Penelitian ini mengunakan Jenis penelitian normatif. Hasil penelitian ini menunjukan bahwa Urgensi pelibatan MK dalam perubahan Undang Undang Dasar di dasarkan pada beberapa hal, antara lain: Pertama, terdapat banyak kelemahan dalam amandemen pertama sampai dengan amandemen ke-empat; Kedua, Eksistensi MPR sebagai lembaga politik; ketiga, Pelakasanaan prinsip Checks and Balance System; Keempat, Perwujudan MK sebagai The Guardian Of Consitution. Bahwa Prospektif pelibatan MK dalam perubahan UUD NRI 1945 adalah dengan menekankan pada political good will dari MPR untuk menyusun Mekanisme perubahan UUD NRI 1945 dengan melibatkan MK sebagai lembaga negara yang memberikan Sertfikasi Konstitusi dari hasil kajian perubahan yang dilakukan oleh Komisi konstitusi sebelum mendapatkan persetujuan dari MPR untuk ditetapkan sebagai hasil perubahan UUD 1945 yang baru. hasil dari mekanisme perubahan konstitusi dengan melibatkan MK ini ditujukan untuk menghasilkan perubahan konstitusi yang bersifat the people of the constitution.The amendments of the 1945 Constitution that the MPR has done proves that there is a conflict of interest that makes constitutional changes ‘patchy' and not oriented to a long term interest and far from satisfying because of 'elitist' and less participatory. Thus, the changes to the constitution should not be carried out by one institution only which in this case is the MPR. Therefore, it is important to involve the Constitutional Court in order to create a participatory change in the 1945 Constitution of the Republic of Indonesia. This study aims to find out about the urgency of involving the Constitutional Court in the amendment of the 1945 Constitution of the Republic of Indonesia, and how prospective the Constitutional Court to involve in the amendment to the 1945 Constitution of the Republic of Indonesia. This study uses a type of normative research and several approaches, namely; law approach (statue approach), comparative approach, and conceptual approach. The results of this study indicate that the urgency of involving the Constitutional Court in amending the Constitution is based on several things, including: First, the weaknesses in the first amendment to the fourth amendment; Second, the existence of the MPR as a political institution; third, the implementation of the Checks and Balance System principle; Fourth, the realization of the Constitutional Court as the Guardian of Constitution. The prospective involvement of the Constitutional Court in the amendment to the 1945 Constitution of the Republic of Indonesia is to emphasize the political goodwill of the MPR to develop a mechanism for amending the 1945 Constitution of the Republic of Indonesia by involving the Constitutional Court as a state institution which provides a review of changes made by the constitution before obtaining approval from the MPR to be determined as a result of the amendment to the new 1945 Constitution. The result of the constitutional change mechanism by involving the Constitutional Court was intended to produce constitutional changes that have the character the people of the constitution. 


2017 ◽  
Vol 54 (4) ◽  
pp. 947-979
Author(s):  
Vedran Zlatić

The Constitutional referendum held 16.04. 2017. has brought many changes in the constitutional regulation of the Republic of Turkey. Elected constitutional changes have brought the danger that this country moves from the path of constitutional democracy to the autocratic rule of one person. However, to better understand this kind of change on the Turkish political scene, it will be necessary to take into consideration of the historical inheritance which to a large extent provides the decisive impulse to the current political regulation of the country. It is precisely because of this that this paper also focusses on the historical development of the constitutionality of this country together with emphasising all the factors which have played and are still playing a large role. Only with such consideration of the whole picture can an assessment of the situation today and certain assumptions about the future political development of relations in this country be made. Therefore, in the first part of this paper the development of the constitutionality of the Republic of Turkey is shown and after that there follows an assessment of the current situation, in particular, possible future developments according to the recently adopted constitutional changes. Above all, both the role of the most significant politicians is taken into account as well as the role of the extra political factors which have shaped and directed constitutional development of this country.


2020 ◽  
Vol 36 (3-4) ◽  
pp. 9-24
Author(s):  
Sanja Barić ◽  
Budislav Vukas

In the year marking three decades since the adoption of the Christmas Constitution, the importance of constitutional amendments promulgated by the Croatian Parliament at the end of July 1990, which together with the February Constitution from the time of the still existing Socialist Parliament form the basic preconditions for initial democratization of the Croatian constitutional system. From a legal-historical and constitutional point of view, the authors consider this issue important for the modern Croatian state. Traditional Croatian historiography analyzes these amendments exclusively in their substantive sense of regulating the new state coat of arms, the flag and abolishing the socialist attributes. Although the amendments are normatively not numerous, their meaning is much broader. At the heart of this analysis lie the issues of a new understanding of state sovereignty and reform interventions in state organization. The authors analyze the relevant provisions through the original records of parliamentary debates. They first point to the basic trends of constitutional changes comprised in the July amendments, referring primarily to the identity level, and then they point to the strengthening of state sovereignty and changes in the direction of developing the features of modern parliamentary democracies. The planned reorganization of the executive -administrative power is especially considered here. At the end, the feed back of the July constitutional amendments and the beginning of work on the new Constitution of the Republic of Croatia are presented.


2015 ◽  
Vol 11 (2) ◽  
pp. 139
Author(s):  
Björg Thorarensen ◽  
Stefanía Óskarsdóttir

The article focuses on the constitutional role of the president of Iceland when the republic was established in 1944, and the evolution of this role during the time Ólafur Ragnar Grímsson has been in office. The study shows that the creation of a republic involved hardly any changes in the constitutional role of the head of state neither in regard to executive nor legislative powers. Thus the authors reject the theory that the creation of a republic introduced a dual authority structure, consisting of Althingi and a powerful president, which characterizes semi-presidentialim. However, despite the fact that the text of the constitution, regarding the presidency, has not been changed since 1944, the political importance of the president has increased in recent years. This is mainly the result of Ólafur Ragnar Grímsson´s interpretation of the constitutional role of the president, as well as changes in public attitudes regarding democracy and the role of the president. According to this interpretation, the president acts as Althingi´s keeper who acts as a check on the majority rule of Althingi contrary to what was decided in 1944. The authors maintain that in the absence of formal constitutional changes, were the role of the presidency is better defined; the power of the president vis-à-vis the cabinet and parliament may continue to grow.


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