Political Institutions: Constitutions eJournal最新文献

{"title":"Punctuated Equilibrium and the Supreme Court","authors":"R. Robinson","doi":"10.2139/ssrn.1610274","DOIUrl":"https://doi.org/10.2139/ssrn.1610274","url":null,"abstract":"In the legislative and executive branches, policy scholars have used punctuated equilibrium (PE) theory to describe and explain patterns of change. However, there has been little examination of how PE might apply to courts and legal policy change. This paper addresses that gap by providing evidence that legal policy change — here conceptualized as changes in what precedents the Supreme Court most often cites — is governed by PE theory. After making a prima facie case for the applicability of PE theory to the Court, I leverage network rankings of Supreme Court decisions to create a proxy for legal policy change that improves on existing measures. Using both a stochastic process model and an analysis of the punctuations the measure uncovers, I find strong evidence of PE processes.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"70 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113968665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Security and Fairness in Australian Public Law","authors":"B. Saul","doi":"10.1017/cbo9781107445734.006","DOIUrl":"https://doi.org/10.1017/cbo9781107445734.006","url":null,"abstract":"Security concerns have always raised troubling rule of law questions about the weighing of competing public interests in national security, fairness to affected individuals, the accountability of administrative decision-makers, and public confidence in the openness of justice before the courts. This chapter examines two particular legal contexts in which national security issues have generated serious concerns about the fairness of administrative decisions and/or judicial review proceedings in Australia: (1) the diminution of procedural fairness to ‘nothingness’ in certain security decisions by the Australian Security Intelligence Organisation (ASIO), and (2) the invocation of public interest immunity (also known as Crown privilege) to preclude the admission into evidence of security information. In either case the result may be that an affected person may not know the essence of the case against them, rendering them unable to effectively challenge the executive’s claims and its adverse administrative decisions. Independent merits or judicial review of decisions is also severely curtailed by the potential absence of relevant information or evidence, further degrading fairness and accountability. In this context, this chapter also reflects on the proper role of the judiciary in scrutinizing security issues and ensuring fairness. It argues that Australian courts have sometimes been unjustifiably deferential to the executive when security is invoked and have chosen (rather than being compelled by the legislature) to unnecessarily sacrifice fairness to individuals. This chapter contrasts the Australian approach with that taken in comparable liberal democracies where binding human rights principles apply to security decisions. It demonstrates how a human rights approach results in a more discriminate and proportionate weighing of competing public interests in security and fairness, in contrast to the blunt Australian approach which can extinguish fairness to protect security.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128109481","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Re-Thinking Governance: Decentralization and Participatory Democracy in India","authors":"Dr. Mukesh Kumar Mishra","doi":"10.2139/ssrn.2229113","DOIUrl":"https://doi.org/10.2139/ssrn.2229113","url":null,"abstract":"The overarching purpose of the 1991 reforms was to free the private sector from government controls and shoring up the fiscal system. Now, our prime focus areas for reforms are Rural and agriculture development, urban and human resource development, and the management of public services. We need accelerated decentralization and participatory democracy system. This is an ongoing project that has been developing a ‘state centric-relational’ approach to governance. This has devolved key governance functions to partnerships with societal organizations, or ‘the formulation and implementation of public policy increasingly takes place in and through interactive forms of governance, involving a public and private actors’. In which process the states have enhanced their capacity to govern by strengthening their own institutional and legal capacities but also by developing closer relations with non-state actors. Government and International organizations are perceived to be more important, having a greater impact on people’s lives, so pressures grow for greater transparency, participation and accountability. A greater percentage of the world lives in democracies than ever before.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114518813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Veilonomics: On the Use and Utility of Veils in Constitutional Political Economy","authors":"S. Voigt","doi":"10.2139/ssrn.2227339","DOIUrl":"https://doi.org/10.2139/ssrn.2227339","url":null,"abstract":"Time and again, discussions on “just” or “fair” constitutional rules are structured around the veil of ignorance (Rawls) or uncertainty (Buchanan). But how useful has this tool really been for identifying a set of rules large groups could agree to unanimously? Are thicker veils really connected with rules leading to more redistribution? This paper surveys the political economics literature broadly conceived and looks at theoretical, experimental, and empirical approaches. It concludes that the central conjectures of veilonomics are unsatisfactory on theoretical grounds and refuted both experimentally and empirically.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130006493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Conflicts�?Law Constitutionalism: Ambitions and Problems","authors":"C. Joerges","doi":"10.2139/ssrn.2182092","DOIUrl":"https://doi.org/10.2139/ssrn.2182092","url":null,"abstract":"“Conflicts�?law constitutionalism�? seeks to defend the rule of law and the idea of law�?mediated legitimacy in the postnational constellation. The idea of its “three dimensional�? differentiation responds to general developments of legal systems, namely the emergence of legal frameworks for regulatory politics and for governance arrangements. These developments have been observed within constitutional democracies and intensively discussed in the 1970s by legal theorists and sociologists, thereafter in the European Union by lawyers and political scientists and finally redetected in the “geology�? of international law. The “second dimension�? conflicts law reflects the need for transnational regulatory politics and provides frameworks for the cooperation of national and supranational administrative bodies. Conflicts law of the “third dimension�? is concerned with the establishment of transnational co�?operative arrangements which build upon the participation of nongovernmental actors and epistemic communities. In all of these three dimensions conflicts�?law constitutionalism strives for a compensation of normative and regulatory nation state failures, namely the inability of constitutional democracies to include all those affected by their policies into democratic decision�?making processes, be it their eroding capacities for an autonomous problem�?solving. In all of these respects the approach preserves closer links with the state law and its potential to organise democratic processes and to protect democratic institutions than the advocates of societal constitutionalism. This position is particularly difficult to defend in the “third dimension�? of the conflicts�?law approach in view of the self�?regulatory activities and capabilities in functionally differentiated societies. The paper will refer at this point to Karl Polanyi’s economic sociology and his analysis of the dynamics of capitalism in the late 19th century as a double movement of the politically organised disembedding of market mechanisms on the one hand and spontaneous societal moves towards re�?domestications which were supported by social policies. In such perspectives markets can be understood “instituted processes,�? “as polities�? and links between the politicisation of the economy and the political system are preserved.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124493962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"New Executive Article for the New York Constitution","authors":"S. Kruger","doi":"10.2139/ssrn.2148179","DOIUrl":"https://doi.org/10.2139/ssrn.2148179","url":null,"abstract":"The subject of present article IV of the New York Constitution is the executive branch of government, namely, the governor and the lieutenant-governor. Present article IV has about 1,400 words. The revised article IV has about 720 words. There are some substantive changes in revised article IV, and there is better expression of constitutional provisions. Other essays about revision of the New York Constitution are: New Preamble and New Bill of Rights Article for the New York Constitution New Suffrage Article for the New York Constitution New Legislature Article for the New York Constitution New Officers and Civil Departments Article for the New York Constitution New Judiciary Article for the New York Constitution New Local Governments Article for the New York Constitution Eight New Articles for the New York Constitution","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114421257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Exchange Economy of Essential Liberties and Power","authors":"Pat McPherron","doi":"10.2139/ssrn.2097174","DOIUrl":"https://doi.org/10.2139/ssrn.2097174","url":null,"abstract":"Axioms order preferences over endowments of essential liberties and power, but not all goods are modeled as non-satiated. Essential liberties are normal goods with respect to the budget constraint of power up to thresholds of satiation of power, after which essential liberties model as Giffen goods. State and federal amended constitutions are examples of the more general results obtained within. Of significant normative and positive interest is establishing the thresholds of power satiation with respect to civil liberties. The paper offers the normative theory that social compacts seek to minimize Type I AND Type II errors of the null hypothesis that a defendant is innocent in a civil or criminal suit. The thresholds are then the significance and specificity that are conditional on the degree of perceived social cost (the difference between the means of the null and alternate hypothesis) and the moments of the test statistic (evidence).","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123190428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"From Collapse to Constitution: The Case of Iceland","authors":"Thorvaldur Gylfason","doi":"10.1007/978-88-470-5331-1_22","DOIUrl":"https://doi.org/10.1007/978-88-470-5331-1_22","url":null,"abstract":"","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129158582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Democracy in America: Labor Mobility, Early Liberalism, and Constitutional Reform","authors":"Roger D. Congleton","doi":"10.2139/ssrn.2011874","DOIUrl":"https://doi.org/10.2139/ssrn.2011874","url":null,"abstract":"Relatively liberal economic and political institutions emerged earlier in America than appreciated by most social scientists. They did not emerge in one great leap forward, but through a gradual process of experimentation, yardstick competition, and constitutional bargaining during the seventeenth and eighteenth centuries. As in Europe during the nineteenth century, colonial legislative authority gradually increased, privileges and anti-privileges diminished, property and trade institutions liberalized, wealth-based requirements for suffrage gradually reduced, and public education expanded. This paper explores the extent to which economic interests and early liberalism can account for the constitutional and legislative bargains adopted. No revolutions or revolutionary threats were necessary or evident during most of the period of interest.","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"170 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114465277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Theoretical Issues of Sovereignty in Russia","authors":"M. Antonov","doi":"10.2139/ssrn.2003644","DOIUrl":"https://doi.org/10.2139/ssrn.2003644","url":null,"abstract":"This paper studies the background and guidelines of discussions about the concept of sovereignty and its limits. The paper begins with a short historical analysis of the processes that took place in Soviet Russia that led to the “parade of sovereignties” in the early 1990s. Afterwards, the author sketches the different approaches and doctrines upheld by the Constitutional Court of Russia in several decisions concerning sovereignty problems. The paper focuses on the vertical dimension of sovereignty, i.e. on different conceptions adopted by the federal and regional powers in post-Soviet Russia regarding the legal status of the member-republics of the Russian Federation. The development of the doctrine of the Constitutional Court of Russia in this matter is quite illustrative as to the legal arguments used to protect the integrity of the Russian Federation against the diverse disintegrative strategies pursued by the regions","PeriodicalId":284892,"journal":{"name":"Political Institutions: Constitutions eJournal","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122242569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}