scholarly journals Historical Account of Democratisation and Constitutional Changes in Fiji

2013 ◽  
pp. 105-115
Author(s):  
Ilana Harriet Burness
Keyword(s):  
Human Rights ◽  
Critical Review ◽  
Constitutional History ◽  
Ethnic Communities ◽  
Historical Account ◽  
History Of ◽  
Human Rights Violation ◽  
Constitutional Changes ◽  
Draft Constitution

Fiji a country of 300 islands, having multi-ethnic communities, has gone through a number of constitutional changes from Colonial to post independence time. This paper vividly explores the constitutional history of the Fiji along with a critical review on emerging issue of the ‘Draft constitution’ listing the key human rights violation that occurred during the three Coup de Tats and comparing ‘consociational’ to ‘hegemonic’ constitutions.

Contextualizing sovereignty: A critical review of competing explanations of the Internet governance in the (so-called) Russian case

First Monday ◽  
2021 ◽  
Author(s):  
Polina Kolozaridi ◽  
Dmitry Muravyov
Keyword(s):  
Critical Review ◽  
Political Regime ◽  
The Internet ◽  
Internet Governance ◽  
Historical Account ◽  
Precise Meaning ◽  
History Of ◽  
Internet Law

In reference to Russia, the concept of “Internet sovereignty” is commonly used to evoke the state’s efforts to tighten its control over the Internet in order to consolidate a non-democratic political regime. Many scholars have discussed Russia’s “sovereign Internet law,” adopted in 2019, yet the precise meaning of both “sovereign” and “Internet” in this context has largely been overlooked. In this article, we attempt to problematize the use of both concepts by drawing on the history of the Internet in Russia to accentuate the structural asymmetries of power in “global” Internet governance. We argue that Russia’s Internet sovereignty claims, grasped in the context of these asymmetries, can be seen as an expression of counter-hegemonic tendencies. Moreover, a historical account of the Internet’s transformation in Russia problematizes a conception of “Internet sovereignty” as unitary and unchanging.

French Constitutional History, Garden or Graveyard?

2007 ◽  
Vol 3 (3) ◽  
pp. 476-487
Author(s):  
Gustaaf van Nifterik
Keyword(s):  
Nineteenth Century ◽  
European Country ◽  
French Revolution ◽  
Constitutional History ◽  
Fifth Republic ◽  
European Constitution ◽  
History Of ◽  
Constitutional Thought ◽  
Constitutional Monarchy ◽  
Constitutional Changes

On 29 May 2005 the French said no to the draft of a European Constitution. And frankly, the French should know about constitutions! One can differ whether the history of France should be considered a fruitful garden of constitutional thought, a graveyard of constitutional experiments, a ‘musée des constitutions’, or a minefield; in any case it is beyond doubt that the French are rather experienced in constitutions and constitutional changes. Since the French Revolution in 1789, France has been a monarchy, a republic more than once, an empire twice and a constitutional monarchy in between; the nineteenth century shows the pattern monarchy, republic, empire; since 1958 the French live in their Fifth Republic.There is a lot to learn from the constitutional history (perhaps struggle is a better word in this context) of this important European country for any political entity in search of a proper constitution. Which constitutional institutions were a success, which were not; why did it or did it not work out the way it was planned?

scholarly journals Chemical Castration: Limiting an Absolute Human Right

2020 ◽  
Vol 3 (2) ◽  
pp. 201
Author(s):  
Louisa Elsie Heathcote
Keyword(s):  
Human Rights ◽  
Sex Offenders ◽  
Child Protection ◽  
Government Regulation ◽  
Political Rights ◽  
Human Right ◽  
Chemical Castration ◽  
History Of ◽  
The Law ◽  
Human Rights Violation

In 2016, the Indonesian government enacted Government Regulation in Lieu of Law Number 1 of the year 2016, adapted into Law number 17 of the year 2016. This regulation introduces chemical castration as a criminal sanction for child sex offenders, spurring human rights concerns. This article aims to assess whether chemical castration constitutes cruel, inhuman, or degrading treatment from the perspective of Article 7 of the International Covenant on Civil and Political Rights and whether such a human rights violation can be justified. This article employs the normative research method, studying principles of law, systems of law, the synchronization of the law, the history of the law and policies, and laws in comparison to one another. The article bases its findings on laws, books, journals, judgments, and other documents.This article finds that firstly, chemical castration constitutes cruel, degrading, or inhuman treatment and secondly, that such a violation can be justified according to the limitations of human rights. The significance of this article is the basis for the increased limitation of human rights to advance the cause of child protection.

scholarly journals Evolution of the Albanian Constitution

2017 ◽  
Vol 6 (1) ◽  
pp. 31-36
Author(s):  
Ilda Jeha ◽  
Ylli Cabiri
Keyword(s):  
Human Rights ◽  
Market Economy ◽  
National Committee ◽  
Democratic Institutions ◽  
Political Interests ◽  
History Of ◽  
The Republic ◽  
The Impact ◽  
Democratic Constitution ◽  
Constitutional Changes

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.

scholarly journals WHAT THE (EXPLETIVE) IS A “CONSTITUTION”?! ORDINARY CADRES CONFRONT THE 1954 PRC DRAFT CONSTITUTION

2017 ◽  
Vol 2 (1) ◽  
pp. 169-190 ◽  
Author(s):  
Neil J. Diamant
Keyword(s):  
Real Time ◽  
Critical Period ◽  
The State ◽  
Constitutional History ◽  
Intellectual Origins ◽  
History Of ◽  
Legal Concepts ◽  
Draft Constitution ◽  
The Revolution

AbstractFollowing the history of western constitutional history, studies of Chinese constitutionalism have tended to focus on its intellectual origins, or, more commonly these days, its failure to restrain official behavior. Drawing upon new archival materials, this article takes a different tack. I zero in on a critical period of constitutional gestation, when officials read the 1954 constitution in draft form, posed questions about its text and suggested revisions. How did officials react when told that citizens, many of whom were recently persecuted, now enjoy “freedom of assembly”? These materials allow us to see “the state” in real time: How did officials understand core legal concepts such as “right,” “constitution” and “citizen” as well as their role in the new polity? In many respects, the discussion surrounding the draft constitution turned out to be a venue for officials to talk about the meaning of the revolution they had just experienced.

scholarly journals Constitutional Theories, International Legal Doctrines and Jurisprudential Foundation for State of Emergency

2021 ◽  
Vol 8 (1) ◽  
pp. 3-18
Author(s):  
Emmanuel Saffa Abdulai
Keyword(s):  
Human Rights ◽  
Constitutional History ◽  
African Region ◽  
International Human Rights ◽  
State Of Emergency ◽  
States Of Emergency ◽  
West African Region ◽  
History Of ◽  
International Human ◽  
Constitutional Jurisprudence

The conceptualisation of a state of emergency has emerged in the discourse of politics, international human rights and constitutional law as the most potent threat to the full realisation and implementation of constitutional and international human rights. During the ongoing COVID-19 pandemic, state of emergency has become a tool for the violation of fundamental human rights not only in the West African region, but globally. This article seeks to examine the concept of state of emergency in international law and constitutional jurisprudence in order to understand whether recent claims of many governments declaring states of emergency can be justified. This article analyses and reviews the constitutional history of the use of state of emergency in Europe, United States and eventually three West Africa counties in Ghana, Nigeria and Sierra Leone.

scholarly journals Radivoje Milojkovic’s 1867 constitution draft

2012 ◽  
pp. 1-16 ◽  
Author(s):  
Mirjana Stefanovski
Keyword(s):  
Nineteenth Century ◽  
Basic Concept ◽  
Constitutional Theory ◽  
Constitutional History ◽  
Political Reasoning ◽  
History Of ◽  
New Institutions ◽  
Constitutional Tradition ◽  
Constitutional Monarchy ◽  
Draft Constitution

As an authoritative work of an excellently educated writer well acquainted with constitutional theory and foreign constitutional solutions, Milojkovic?s draft constitution is also a product of a serious political reasoning. That draft deserves a particular and very important role in the nineteenth century constitutional history of Serbia. It is an evidence of the character of constitutional transformation prepared during the last years of Prince Mihailo?s reign. Taken for the specimen during the enacting of Regent Constitution of 1869, which followed it in its basic concept, composition of constitutional solutions and framing of more important institutions, that draft determined adoption of the model of constitutional monarchy in Serbia. By catching sight of the Saxony?s Constitution of 1831, it transfers basic German constitutional model, supplemented by taking into consideration other European constitutions. Its distinction is an attempt to adapt foreign model mostly to particular circumstances of the country and to implement harmoniously new institutions in accordance to the Serbian constitutional tradition.

scholarly journals Water (What Are) We Doing

Federalism-E ◽  
2019 ◽  
Vol 20 (1) ◽  
pp. 75-84
Author(s):  
Sawyer Junger
Keyword(s):  
Human Rights ◽  
Indigenous Communities ◽  
The Political ◽  
Water Insecurity ◽  
Developed Country ◽  
Environmental Racism ◽  
Political Incentives ◽  
History Of ◽  
Global North ◽  
Human Rights Violation

Despite being a highly developed country with ample access to natural resources, many Indigenous  communities in Canada currently face severe water insecurity. This paper will seek to answer the question of why such resource disparity exists in an otherwise secure Global North country. Through the lens of environmental racism, the political incentives that that have allowed this human rights violation to persist well into the 21st century will be examined. Ultimately, this paper concludes that Canada’s history of colonialism and federal framework concerning water structures be primary drivers in Indigenous water insecurity.  

A history of botanical collections in the Luangwa Valley, Zambia

1998 ◽  
Vol 25 (2) ◽  
pp. 283-291
Author(s):  
P.S.M. PHIRI ◽  
D.M. MOORE
Keyword(s):  
Eighteenth Century ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Vascular Plants ◽  
Central Africa ◽  
Peak Activity ◽  
Historical Account ◽  
History Of ◽  
The 1960S ◽  
Made In

Central Africa remained botanically unknown to the outside world up to the end of the eighteenth century. This paper provides a historical account of plant explorations in the Luangwa Valley. The first plant specimens were collected in 1897 and the last serious botanical explorations were made in 1993. During this period there have been 58 plant collectors in the Luangwa Valley with peak activity recorded in the 1960s. In 1989 1,348 species of vascular plants were described in the Luangwa Valley. More botanical collecting is needed with a view to finding new plant taxa, and also to provide a satisfactory basis for applied disciplines such as ecology, phytogeography, conservation and environmental impact assessment.

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