Conclusion

In a constitutional order based on popular sovereignty and parliamentary democracy, the extension of political consciousness and representation to the working class could destabilize the liberal state. As the ‘social question’—the question of material inequality—became not just an economic, but a political, and even a constitutional issue in the interwar era, the liberal state struggled to maintain hegemony. The bourgeois ...

The proposer or the proposal? An experimental analysis of constitutional beliefs

In many countries, constitutional amendments require the direct approval of voters, but the consequences of fundamental changes to the powers and operations of the state are difficult to anticipate. The referendums literature suggests that citizens weigh their prior beliefs about the merits of proposals against the heuristic provided by the partisanship of the proposer, but the relative salience of these factors across constitutional issue areas remains underexplored. This paper examines the determinants of citizen preferences on 12 diverse constitutional issues, based on a novel survey experiment in Japan. We show that support for amendments is greater when its proposer is described as non-partisan. However, constitutional ideology moderates this effect. Those who prefer idealistic constitutions that elevate national traditions tend to value proposals that expand government powers, compared to those who prefer pragmatic constitutions that constrain government authority. These results highlight the significance of constitutional beliefs that are independent of partisanship.

Whatever Happened to the Progressive Case for the Union? How Scottish Labour’s Failure to Subsume a Clearly Left of Centre Identity with a Pro-Union One Helps to Explain Its Decline

This article presents an original account of the tactical options available to political parties in multi-level settings. It applies that framework to the case of post-devolution Scotland via an analysis of First Minister’s Questions sessions in the Scottish Parliament. It shows how Scottish Labour adopted a less left-leaning justification for its stance on the constitutional issue in the years after the party lost power at Holyrood to the Scottish National Party. Consequently, the party failed to present itself as a clearly left of centre alternative to the SNP and downplayed the progressive case for Scotland remaining in the UK.

THE LEGAL IMPLICATIONS OF CONSTITUTIONAL PERJURY IN SOME COMPARATIVE CONSTITUTIONS

The constitutional oath is one of the important issues because of the procedures it entails after it is performed by the persons entrusted with it constitutionally, therefore constitutions make sure that the oath is among its texts, but the most important and most serious issue is the violation of the constitutional oath, so how do constitutions and legislations deal with this issue and what are the legal effects of Violating the oath because the oath came with a binding constitutional text, and this obligation is offset by a penalty in case of violating it, given that the majority of constitutions did not address the issue of perjury with the constitutional oath only in a shy treatment of the state of the head of state, and if the head of state in the parliamentary system is related Formal greetings, as he often does not walk towards committing any constitutional violation by virtue of his limited powers, unlike the president in the presidential system, so everyone must be responsible for taking the oath to be subject to responsibility and reward when he is sworn in with the oath, and that this penalty is commensurate with the act or behavior committed by that The person did the harm and the damage here is huge because it relates to a constitutional issue that has political implications for the country and this is what I tried to explain through this study.

The Oxford Handbook of Scottish Politics

Politics in Scotland has changed massively in recent decades. Since 1999, there has been a devolved Parliament and Government. Scotland is of interest, not because of some essential difference from England but as a European nation, with its own history and society, within the larger union of the United Kingdom. Devolution, once a contested issue, is now broadly accepted. Since devolution, the party system and voting patterns have changed. Scotland’s capacity to make its own public policy has grown. The constitutional issue was not resolved in the Independence Referendum of 2014 and has entered a new phase with Brexit.

‘A Voice for Ireland’: Isaac Butt, Environmental Justice, and the Dilemmas of the Irish Land Question

This chapter examines ideas of environmental justice in nineteenth-century Ireland through the prism of Isaac Butt. Butt was one of the most prominent champions of agrarian reform from the 1830s to the 1870s. His desire for change was rooted in ideas of humanist justice and political economy: the land question, for Butt, was primarily an issue concerning those excluded from legal right to their holdings. The chapter highlights Butt’s radical rhetoric concerning the land question during the 1860s, and how the failure of the British state to ‘settle’ the question contributed to his move towards Home Rule. By 1870, Butt reasoned that only an Irish parliament could legislate to produce justice on the land. The environment was, in Butt’s estimation, a constitutional issue.

Upaya Menciptakan Produk Hukum Berkualitas Konstitusi Melalui Model Preventif Review

Pada hakikatnya judicial review dilaksanakan demi terciptanya keseimbangan hukum dan terpenuhinya hak konstitusional setiap pemangku kepentingan untuk bertindak dan mengajukan permohonan pembatalan suatu undang-undang kepada Mahkamah Konstitusi dengan menyatakan undang-undang tersebut telah bertentangan dengan UUD RI 1945. Pengujian undang-undang terhadap UUD 1945 dilakukan dalam upaya penyempurnaan hukum yang berlandaskan konstitusi. Setiap undang-undang haruslah dilandasi oleh aturan dasar yang tidak hanya tercantum pada konsiderannya saja, melainkan dibuat serta dilaksanakan berlandaskan nilai dan norma konstitusionalitas. judicial review yang selama ini dilakukan oleh banyak pihak pada Mahkamah Konstitusi membuktikan bahwa kualitas produk hukum atau aturan hukum yang selama ini dilahirkan oleh pembuat undang-undang seringkali bertolak belakang dengan keteraturan hukum, sehingga diperlukan langkah hukum preventive demi menjaga integritas lembaga pembentuk undang-undang agar tidak dianggap melahirkan produk hukum yang asal-asalan. Oleh karena itu, di dalam penelitian ini akan mengkaji dan menginisiasi pembentukan produk hukum yang berkualitas konstitusi sehingga Mahkamah Konstitusi sebagai lembaga pengawal konstitusi memberikan kontribusi dengan cita konstitusi dan melahirkan produk hukum dengan kualitas konstitusi. Dalam penelitian ini metode yang yang digunakan adalah yuridis normatif dengan menggunakan pendekatan undang-undang dan konseptual. Hasil penelitian ini menggambarkan betapa pentingnya upaya preventive sebelum suatu aturan hukum kemudian ditetapkan, disahkan dan dilaksanakan, dimana ada persoalan konstitusionalitas terhadap implementasi suatu produk hukum yang kemudian oleh Mahkamah Konstitusi dinyatakan bertentangan dengan Undang-Undang Dasar Republik Indonesia 1945.Basically, judicial review has done to create a balance of law and to fulfill the constitutional right for every stakeholder to act and apply for application to constitutional court by stating the rule was contradicted to the constitution of Republic of Indonesia 1945. The application was made as an effort to perfect the law which is based on the constitution. Each rule has to be based on the basic rules, not only on its consideration but also is made and implemented in basic values and norms of contitutionality. Judicial review done by many people on constitutional court has proven that the quality of law product or rules of law made by the legislative often contradict with constitutional order of law, so it is necessary to take a step on preventive legal measurer to keep up the integrity of the rule maker of being judged making unqualified legal products. Therefore, this research reviews and initiates the production of law product so that the Constitutional Court can give preventive contribution on each legal products made, to be able to run with the ideals of the constitution and create legal products with constitution quality. This research used juridical normative method with legal and conceptual approaches. The results of this study illustrate how important preventive efforts before a rule of law are then set, ratified and implemented. In which there is a constitutional issue on the implementation of a legal product, that will be later declared by the Constitutional Court to be contradictory to the 1945 Constitution of the Republic of Indonesian.