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Territory and Power in Constitutional Transitions最新文献

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“Godot Has Arrived!” “戈多来了!”
Territory and Power in Constitutional Transitions Pub Date : 2019-03-07 DOI: 10.1093/OSO/9780198836544.003.0009
Mara Malagodi
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引用次数: 0
Dealing with Territorial Cleavages in Constitutional Transitions in Iraq 处理伊拉克宪法过渡中的领土分裂
Territory and Power in Constitutional Transitions Pub Date : 2019-03-07 DOI: 10.1093/OSO/9780198836544.003.0006
Zaid Al-Ali
{"title":"Dealing with Territorial Cleavages in Constitutional Transitions in Iraq","authors":"Zaid Al-Ali","doi":"10.1093/OSO/9780198836544.003.0006","DOIUrl":"https://doi.org/10.1093/OSO/9780198836544.003.0006","url":null,"abstract":"This chapter examines why constitutional transition has failed to resolve Iraq’s territorial cleavages, especially the one between Arabs and Kurds. It first provides the context that led to the Constitution drafting process and the establishment of Iraq’s first federal arrangement that saw the merger of provinces to form larger regions. In particular, it considers a range of contentious issues that arose during the constitutional negotiations, not least of which was the ownership and management of oil and gas resources. Furthermore, the push for a more traditional form of federalism left minority views (generally those of the Kurdish negotiators) unrepresented. The chapter also analyzes the outcomes of Iraq’s constitutional transition, including the deterioration of the Kurdistan Region’s economic and political crises, before concluding with an overview of the key lessons that can be drawn from the process.","PeriodicalId":422710,"journal":{"name":"Territory and Power in Constitutional Transitions","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122289858","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}
引用次数: 1
After the Scottish Independence Referendum 苏格兰独立公投之后
Territory and Power in Constitutional Transitions Pub Date : 2019-03-07 DOI: 10.1093/OSO/9780198836544.003.0015
S. Tierney
{"title":"After the Scottish Independence Referendum","authors":"S. Tierney","doi":"10.1093/OSO/9780198836544.003.0015","DOIUrl":"https://doi.org/10.1093/OSO/9780198836544.003.0015","url":null,"abstract":"This chapter examines the independence referendum in Scotland, held on September 18, 2014, and its implications for the federal direction of the United Kingdom. The referendum saw 55 percent of Scots say “No” to the question: “Should Scotland be an Independent Country?”. Despite this result, the referendum has sparked a further process of decentralization. The chapter first describes the context that led to the Scottish independence referendum, focusing in particular on the success of the Scottish National Party (SNP) in the parliamentary elections of May 2011 and why the referendum emerged from—and was organized within—the normal contours of constitutional democracy. It then considers the period of constitutional engagement and the outcome of the referendum before concluding with an analysis of some of the lessons that can be drawn from it with regard to constitutional change and the issue of secession.","PeriodicalId":422710,"journal":{"name":"Territory and Power in Constitutional Transitions","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116678748","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}
引用次数: 1
Territorial Cleavages and the Bolivian Constitutional Transition 领土分裂与玻利维亚宪政转型
Territory and Power in Constitutional Transitions Pub Date : 2019-03-07 DOI: 10.1093/OSO/9780198836544.003.0001
Gustavo Bonifaz Moreno, G. G. Molina
{"title":"Territorial Cleavages and the Bolivian Constitutional Transition","authors":"Gustavo Bonifaz Moreno, G. G. Molina","doi":"10.1093/OSO/9780198836544.003.0001","DOIUrl":"https://doi.org/10.1093/OSO/9780198836544.003.0001","url":null,"abstract":"This chapter examines the territorial dynamics behind Bolivia’s constitutional transition of 2006–08 and the political process during that period. Evo Morales’s landslide win in the presidential election of December 2005 set the stage for a protracted constitutional transformation that is still playing out in Bolivia. The chapter first provides a historical background on Bolivian politics marked by constitutional, legal, and policy reform and periods of social unrest, political mobilization, and popular revolt before discussing the period of constitutional engagement and the outcome of the 2009 general elections. It argues that territorial cleavages played a crucial role in Bolivia’s constitutional transition, which broadened territorial support for the Movimiento al Socialismo (MAS) from western enclaves to the eastern lowlands over a five-year period. The chapter also identifies two key institutions that secured the broad legitimacy for constitutional reform: an impartial electoral court and a functioning constitutional tribunal.","PeriodicalId":422710,"journal":{"name":"Territory and Power in Constitutional Transitions","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124317333","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}
引用次数: 2
Processes of Constitutional Transitions in the Face of Territorial Cleavages 面对领土分裂的宪政转型过程
Territory and Power in Constitutional Transitions Pub Date : 2019-03-07 DOI: 10.1093/oso/9780198836544.003.0018
C. Saunders
{"title":"Processes of Constitutional Transitions in the Face of Territorial Cleavages","authors":"C. Saunders","doi":"10.1093/oso/9780198836544.003.0018","DOIUrl":"https://doi.org/10.1093/oso/9780198836544.003.0018","url":null,"abstract":"This chapter discusses the implications of territorial cleavages for the process of constitutional transition by drawing on the experiences of various countries such as Bolivia, Bosnia-Herzegovina, Ethiopia, India, Iraq, Nepal, Philippines, Scotland, Spain, Sri Lanka, and Ukraine. It first considers four variables that are likely to affect the process for constitutional transition within a state in which there are significant cleavages along territorial lines: the nature of transition, the nature of territorial cleavage, the challenges confronting statehood, and the involvement of international actors. It then examines four dimensions of the processes of transition that may be influenced by territorial cleavages: phases of the transition process, agenda setting, deliberation and ratification, and implementation and other matters. Finally, it explains how constitutional transitions are shaped by the postponement of final decisions on key matters through deliberate ambiguity, incomplete prescription or reliance on the future operation of rules on constitutional amendments.","PeriodicalId":422710,"journal":{"name":"Territory and Power in Constitutional Transitions","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133686369","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}
引用次数: 1
When the Total is Less than the Sum of the Parts 当总数小于各部分之和时
Territory and Power in Constitutional Transitions Pub Date : 2019-03-07 DOI: 10.1093/OSO/9780198836544.003.0002
M. Zahar
{"title":"When the Total is Less than the Sum of the Parts","authors":"M. Zahar","doi":"10.1093/OSO/9780198836544.003.0002","DOIUrl":"https://doi.org/10.1093/OSO/9780198836544.003.0002","url":null,"abstract":"This chapter examines the impact of territorial restructuring in Bosnia and Herzegovina (BiH) and the context in which it took place. It first considers the context that accompanied the breakup of the Socialist Federal Republic of Yugoslavia before discussing the period of constitutional engagement in the BiH. In particular, it highlights two major issues: the process (or lack thereof) of constitutional change and the centrality of territory. It then explores the role played by international engagement in the implementation of the Dayton Peace Agreement (which made the territorial reorganization of BiH possible), the activism of BiH’s Constitutional Court, and the influence of the European Court of Human Rights. Finally, it analyzes two important lessons from Bosnia with respect to how territorial cleavages ought to be handled in constitutional processes: state capture and citizen loyalties.","PeriodicalId":422710,"journal":{"name":"Territory and Power in Constitutional Transitions","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127908383","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}
引用次数: 0
Constitutional Design and Territorial Cleavages 宪法设计与领土分裂
Territory and Power in Constitutional Transitions Pub Date : 1900-01-01 DOI: 10.1093/oso/9780198836544.003.0019
Tom Ginsburg
{"title":"Constitutional Design and Territorial Cleavages","authors":"Tom Ginsburg","doi":"10.1093/oso/9780198836544.003.0019","DOIUrl":"https://doi.org/10.1093/oso/9780198836544.003.0019","url":null,"abstract":"This chapter considers a variety of constitutional options for resolving and managing enduring territorial cleavages. Three categories of constitutional tools are discussed: those that involve allocation of decision-making to different levels of government, including federalism, autonomy, and various forms of devolution; those that concern central government institutions, including representation of territorial interests at the center, budget redistribution, and rights; and those that allow the territorial units to exit. The chapter also explores how Constitutions deal with secession and concludes with an analysis of the role of courts in establishing and guaranteeing constitutional bargains on territory as well as the role of international institutions in helping to resolve institutional problems of territorial cleavages. It shows that a combination of representation and decentralization may be sufficient to stabilize territorial cleavages, and that the traditional rationales for federalism do not seem to fit with the resolution of territorial cleavages.","PeriodicalId":422710,"journal":{"name":"Territory and Power in Constitutional Transitions","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127288354","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}
引用次数: 2
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