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"CONSTITUTIONAL REFORM"
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Some Reflections on Constitutional Amendment Movement in the First Half of Moon Jae-In Government: With Special Reference to the Role of the Judicial Bodies
This article aims at looking into the historical, political, social, and institutional considerations that may have influenced the suspension of President Moon Jae-In's proposal for constitutional amendment in 2018. Although broad factors and dimensions can be called upon in this regard, as far as institutional considerations are concerned, a focus will be given to the role of the judicial bodies in constitutional change. Either any abrupt attribution of all the political, social, and economic problems which the Korean society faces to the constitutional system alone and its concomitant idealistic or fundamentalist, partisan and non-consensual drive for comprehensive constitutional amendment as a panacea for such pathologies are doomed to failure. Since any constitutional reform movement should be based upon deliberative consensus on the exact causes of constitutional problems and effective alternatives to the existing constitutional institutions and rules, not only constitutional amendment but also legislative reform and changes in political culture are required for the successful constitutional change. The Korean experience in the first half of Moon Jae-In Government shows that constitutional changes through either formal constitutional amendment or informal change through judicial interpretation of the constitution can be foreseeable and successful only with the steady and firm support of the people.
Journal Article
Arab Constitutionalism : the coming revolution
\"Protests and reform. Ten years ago, millions of protesters in over a dozen countries took to the streets to demand radical change. In many cases, their purpose was to force long standing dictators from office and to establish a democracy. In others, they demanded reform and clear action against corruption. Each country set a path of its own, but if there was one point of agreement between all actors it was that constitutional reform was an absolute necessity. What followed was the greatest concentration of constitutional reform efforts in the world since the end of the Cold War. Through this process, twelve out of the region's twenty countries either replaced their constitutions or amended them within just a few years, some more than once. In some countries, dictators who were about to be toppled promised constitutional reform, before ultimately ceding power to allow others to manage that process on their own. In others, chief executives organised constitutional reform efforts themselves, always carefully framing the scope of reform to a few limited issues. In addition, at least two other countries were deeply impacted by the protest movement and seriously contemplated constitutional reform efforts of their own\"-- Provided by publisher.
BOOK
Monarchism to Republicanism in the Commonwealth Caribbean: Pathways, Progress, and Pitfalls
Over two decades after the Forde Constitutional Reform Commission recommended a transition to a republic, Barbados transitioned swiftly to a republic in the wake of the government's declaration during the Throne Speech that Barbados would become a republic on 30 November 2021. This transition reverberated across the Caribbean, setting a precedent for the remaining constitutional monarchies to follow suit. The transition must be understood within the context of a special historical, constitutional, and political moment that is not uniformly replicated everywhere in the Commonwealth Caribbean. We contend that the different politico-constitutional contexts hold the distinct possibility that the remaining monarchies may experience politico-constitutional challenges in effecting the transition. We explore the unique historical and political circumstances leading to the republican transition in Barbados, contrasting them with the existing politico-constitutional contexts elsewhere in the Commonwealth Caribbean. We contend that while the current moment offers potential for reform, there remain the not-insurmountable constitutional hurdles.
Journal Article
Asamblea constituyente ¿llave al comunismo?
Muchos países en Latinoamérica han dado una vuelta de tuerca hacia gobiernos socialistas. Estos procesos han estado acompañados de reformas constitucionales en muchos casos, especialmente los relacionados al movimiento castro-chavista. Este trabajo discute dos ideas generalmente aceptadas: i) que existe algo así como una «constitución bolivariana» o «castro-chavista»; y, ii) que una nueva constitución es necesaria para instaurar un gobierno de corte castro-chavista. Por el contrario, sostenemos que «constitución-castro-chavista» es un oxímoron. No existe constitución cuando lo que se busca es justamente la destrucción del estado de Derecho. Precisamente por lo anterior, tampoco es necesaria una reforma constitucional para lograr este objetivo, sino solo visto desde una perspectiva superficial e instrumental. El ensayo se basa en el estudio del caso peruano, que profundiza en la actualidad noticiosa al punto de arriesgar su valor académico o «científico», pero como un recurso necesario para lograr entender el proceso constitucional/político vivido en Perú, más allá de la teoría.
Journal Article
The schoolhouse gate : public education, the Supreme Court, and the battle for the American mind
\"By a brilliant young constitutional scholar at the University of Chicago--who clerked on the U.S. Court of Appeals for the District of Columbia for Judge Merrick B. Garland and on the Supreme Court of the United States for Justices Sandra Day O'Connor and Stephen Breyer, and who also happens to be an elegant stylist--a powerfully alarming book concerned to vindicate the constitutional rights of public school students, so often trampled upon by the Supreme Court in recent decades Supreme Court decisions involving the constitutional rights of students in the nation's public schools have consistently been most controversial. From racial segregation to unauthorized immigration, from economic inequality to public prayer and homeschooling: these are but a few of the many divisive issues that the Supreme Court has addressed vis-a-vis elementary and secondary education. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education. It argues that since the 1970s, the Supreme Court through its decisions has transformed public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court's decisions over the last four decades would conclude that the following actions taken by school officials pass constitutional muster: inflicting severe corporeal punishment on students without any procedural protections; searching students and their possessions, without probable cause, in bids to uncover violations of school rules; engaging in random drug testing of students who are not suspected of any wrongdoing; and suppressing student speech solely for the viewpoint that it espouses. Taking their cue from such decisions, lower courts have validated a wide array of constitutionally dubious actions, including: repressive student dress codes; misguided \"zero tolerance\" disciplinary policies; degrading student strip searches; and harsh restrictions on off-campus speech in the internet age. Justin Driver dramatically and keenly surveys this battlefield of constitutional meaning and warns that impoverished views of constitutional protections will only further rend our social fabric\"-- Provided by publisher.
Book
Kenya
The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.
eBook
Rage for order : the British Empire and the origins of international law, 1800-1850
\"Rage for Order surveys the sprawling, often frenetic attempt to redesign law in the British Empire. Across the world in the early nineteenth century, colonial officials, indigenous subjects, settlers, convicts, sailors, soldiers, and slaves participated in contests that shaped a new British imperial constitution. Contemporaries imagined that law would provide a blueprint for the empire and for global order. Within turbulent British colonies, legal reform targeted petty despots and augmented the power of the crown to intervene in the administration of justice. At the edges of empire, British campaigns to police slave trading and piracy linked imperial interests to emerging world regions and conjured new sovereignties. Rage for Order breaks new ground in the history of international law by looking beyond the treatises of jurists and instead tracing vernacular constitutional politics across the globe--in new crown colonies such as Ceylon and Trinidad, expanding settler colonies such as New South Wales and Upper Canada, established plantation colonies in the West Indies and Indian Ocean, and regions not under direct British control, from the South Atlantic to the eastern Mediterranean to the Pacific islands. By uncovering the lost history of a global empire of law, Benton and Ford reveal the way imperial structures continue to influence our understandings of world order and international law.\"-- Provided by publisher.
Book
The Constitutional Reform and Governance Act 2010: The Evolution and Development of a Constitutional Act
The last decade or so has been hallmarked by the passage of successive constitutional legislation which have reshaped, radically, the constitutional arrangements of the United Kingdom. In April 2010, the Constitutional Reform and Governance Bill received the Royal Assent just before Parliament was dissolved prior to the 2010 general election. The Constitutional Reform and Governance Act 2010 contains seven Parts comprising provisions on the civil service, treaties, parliamentary standards, the tax status of members, government financial reporting to Parliament, public records, together with other miscellaneous elements. The Act (or at least aspects of it) had been issued in draft form in March 2008 as the Draft Constitutional Renewal Bill. This Bill received pre-legislative scrutiny by the Joint Committee on the Draft Constitutional Renewal Bill which reported its findings in July 2008. Although the broad overall theme of the 2010 Act is self-evidently one of constitutional reform, other than that, this legislation is simply a collection of disparate and unconnected provisions. In fact, there were significant changes to its contents as it progressed from draft form into a fully-fledged Bill and also as the Bill proceeded through Parliament. For example, these alterations included the insertion of a clause at committee stage in the House of Commons (which was subsequently abandoned), which made a commitment for a national referendum to take place on the electoral system. The purpose of this article is to trace the evolution and development of the 2010 Act by comparing the Draft Constitutional Renewal Bill 2008 with the Constitutional Reform and Governance Bill introduced in the House of Commons in July 2009, and then to compare this incarnation of the Bill with the one which received Royal Assent in April 2010.
Journal Article