Formen politischen Handelns der kleve‐märkischen Landstände 1640–1660

Summary

Affected by the political influences from America and France, Poland's constitution of 1791 revised the electoral ordinance for the gentry, modified the administration of the cities and gave them representation in the Seym, and finally instituted a hereditary monarchy with checks and balances between the branches of government. The opposition of domestic conservatives, aided by armed foreign intervention, secured the repeal of this constitution in 1793. The result was a national insurrection in 1794 the defeat of which led to the final partition of Poland. Napoleon's 1807 Prussian campaign led to the creation of the Duchy of Warsaw, whose constitution was based on French egalitarian ideas and whose civil law was the Code Napoleon. The constitution separated executive and legislative functions and placed constitutional matters in the hands of the executive. In 1815 the Poles secured from tsar Alexander I the establishment of a hereditary constitutional monarchy with an appointed senate, an elected Seym and an extensive Bill of Rights. The system eventually failed when tsar Nicholas I violated the constitution and public dissatisfaction with the conduct of his brother, Constantine, precipitated the revolution of 1830.     

Alternatives to the constitution of Cádiz in New Spain: republicanism and the insurgent constitutional decree of Apatzingán (1814)

This article compares the Decreto Constitucional para la libertad de la América Mexicana, published in Apatzingán by the insurgents of New Spain in 1814, with the 1812 Constitution of Cádiz which established a constitutional monarchy in the Spanish Empire. It argues that the Decreto Constitucional cannot be understood as simply a product of Hispanic political thought and a reflection of the Cádiz text. Rather, it contends that the decree published in Apatzingán represents an alternative republican response to the dissolution of the Spanish monarchy. This alternate constitutional settlement drew on the debate of constitutional ideas that had taken place in New Spain since 1808 and was grounded in many of the same ideas as those present in the Pennsylvanian Constitution of 1776 and the first French republican constitutions of 1793 and 1795.     

俄罗斯修宪与普京长久国家

普京对1993年《俄罗斯联邦宪法》进行修改,俄罗斯将从叶利钦宪法过渡到普京宪法。1993年宪法是一部以超级总统制为特征的基本法,它保证了俄罗斯主权国家的建立和社会政治的稳定。但是这部宪法赋予总统的权力异常大,限制了其他权力机构和地方对决策的影响。修宪的目的是使权力机构更加平衡,运行更加有效。普京认为,修宪过程中必须遵守几个基本原则:俄罗斯只能是总统制共和国,不能搞议会制;俄罗斯不能出现双重权力,不能出现寡头政治;俄罗斯宪法高于国际法律和条约;重视劳动者、母婴、养老金领取者的社会保障。修宪能否实现俄罗斯政治进程从以保证社会政治稳定为主过渡到以发展为中心,是2024年以后俄国家领导人面临的主要任务。普京表示,如果人民有希望,宪法法院有裁决,不排除2024年继续竞选总统。     

Parliamentarianism and anti-parliamentarianism in Portugal. The voices of the republicans, 1910–26

In Portugal the republican regime broke ties with the monarchy, advocating the need to reassume the national principle, as well as the secularization of its foundations and of the state itself. With the establishment of the new parliamentary republic in 1910 and the debate between republic and monarchy, the supporters of parliamentarianism saw a rupture in the composition and relationship between the powers foreseen in the constitutional charter of 1826, which gave more power to the king during the period of the constitutional monarchy. This made republicans grow closer to the constitution of the French Third Republic, the Brazilian constitution of 1891, the 1812 constitution of Cadiz and the 1822 Portuguese constitution, owing to the fact that these were radical liberal constitutions that conferred national sovereignty. The republicans put forward various arguments both to defame and to defend parliamentarianism. Nevertheless, as in the constitution of 1822, the republican constitution of 1911 stipulated that the congress (the Portuguese Parliament) would be, in theory, the only body that could regulate the political guidelines of the republic.     

La rémunération des députés aux États généraux de France et son incidence institutionnelle

SUMMARY

In 1814, after the defeat of the Napoleonic Empire, the Allied states decided to unite the former Dutch Republic and the former Habsburg Netherlands (the later Belgium), as part of their attempt to elaborate a balanced system of European states. As the age of nationalism was arriving, the chances of this unification succeeding depended upon the gradual integration of the two parts into one Netherlandish nation. Stefaan Marteel argues that the eventual failure of this project, which abruptly came to an end with the Belgian Revolution of 1830, can to a large extent be ascribed to the differences in the political and intellectual history of the two countries, differences that found expression in the development of irreconcilable political languages during the constitutional debates of 1815 and thereafter. In the Northern Netherlands, despite the experiments with radical constitutionalism since the Patriot Revolution, the republican past proved a major obstacle to the construction of a functional constitutional monarchy. The paradoxical result was the enforcement of monarchical authority within a political model that was clearly designed to be constitutionalist. In the Southern Netherlands, on the contrary, the rupture that occurred in its political history owing to the annexation of France allowed, in 1814, for certain innovations in political thought. These innovations were further inspired by the idea that the new political order lacked historical legitimization. Consequently, when social issues arose, such as problems concerning education, religion and public freedom, the government and the political opposition in the Belgian provinces would persistently draw on different interpretations of the constitution. This, in turn, reinforced the impression of a fundamental national division, and created the conditions, should a popular revolt occur, for a rapid radicalization in a nationalist direction.     

Culture constitutionnelle,modèles étrangers et forme de gouvernement parlementaire en Italie: l'État libéral (1848–1922)

SUMMARY

The main aim of this article is to grasp the specific nature of the Italian case and the form of its government, as seen in particular in the analyses made by students of the constitution at the time. Fernanda Mazzanti Pepe considers two separate periods, the first during the formation and early actions of the parliamentary regime during the first thirty years after the grant of the Albertine Statute (1848), and the second in which amendments were sought, from the 1880s until the eve of the Fascist regime. The key concept for the constitutional culture of the first period was ‘parliamentary omnipotence’ in the English manner, while reserving real powers to the king. In the second period, full of far-reaching social and political changes, the erstwhile simple confidence in parliamentary omnipotence gave way to a growing suspicion and a diffuse search for guarantees, such as the continuance of a strong role for the Crown and a revitalization of the Senate as an institution representing ‘organized interests’. The catchphrases most used became the ‘correction’, ‘development’ or ‘adaptation’ of the constitutional system in face of the new reality, but these words were always linked with ‘limits’ which had to be identified to avoid dangerous innovations, whether progressive or regressive. Limits also had to be placed on the ‘flexibility’ of the Statute, and in this search for forms of stability for the constitution, the American model, long rejected, now also became a worthy one to follow.     

从政治竞争看宪法法院在亚洲的不同命运——对韩国、印尼和泰国的比较分析

作为西方国家法治进步的产物,宪法法院在20世纪后期陆续进入亚洲国家,成为民主转型过程中重要的制度设计,但其实际效果却存在差异。韩国宪法法院在功能上呈现"多点开花"的态势,在民主、法治和人权等领域均表现良好。印尼宪法法院成功解决了总统选举过程中的争议,维护了基本的民主规则。相比之下,泰国宪法法院则经历了"高开低走"的蜕变。它在成立初期相对较好地履行了宪法赋予的职责,2006年之后却越来越深入地卷入到政治斗争之中,丧失了独立品格,做出了一系列明显违反法治精神的判决。对此,既有解释存在"西方中心主义"的弊端,而且难以同时解释宪法法院在建立和运行两个阶段的不同情况。作为一种以民主转型国家实践经验为基础的学说,政治竞争理论因其内生性、系统性的视角而具有更强的解释力。以该理论视角观察宪法法院在韩国、印尼和泰国的不同命运,在验证其科学性的同时,可以发现其中隐含的前提条件及其适用范围的有限性。     

Tensions between congress and the executive in nineteenth-century Argentina: federal intervention and separation of powers

SUMMARY

This article analyses the debates that took place in the Congress of Argentina between the enactment of the constitution in 1853 and the end of the century, regarding the powers of the executive and legislative branches for intervening in the provinces in case of internal conflict or external attack. It focuses on the controversies arising from different bills submitted to congress in order to enact a general intervention act to resolve, once and for all, the powers of each branch in that matter. Although those bills did not pass, a study of them shows the existing disagreements about the operation of the federal system and the separation of powers. Some of the differences were linked to the discussion of American constitutional doctrine in which Argentina had been engaged since the mid nineteenth century in order to solve the dilemmas of organizing its political institutions. This article claims that this analysis contributes to ongoing debates on the roots of political conflict in Argentina by showing the importance of institutional controversies, and argues that it is necessary to address the role of congress and of doctrinal dissent in order to revise the role that historiography has given to the disputes over power as an overall explanation for political confrontations.     

Renegotiations of femininity throughout the constitutional debates in Turkey: representative claims in 2014 presidential elections

In August 2014, for the first time in the history of the Turkish Republic, the president was elected through a popular vote. The quest for a new constitution and revisions to the political system were the main topics that the three presidential candidates, Recep Tayyip Erdogan, Ekmeleddin Ihsanoglu and Selahattin Demirtas, raised during their presidential campaigns. Women’s problems and issues were among the central topics through which the matters of the new constitution and the revisions to be made in the system were addressed. Through a qualitative content analysis of the campaign material, this article maps the candidates’ approaches to women’s interests and the roles the candidates promised to play to promote these interests and roles. The findings indicate that motherhood, daughterhood and sisterhood are the key terms through which the candidates formulated the ultimate purpose of their gender-related agenda. They simply blamed the existing constitution as the main cause of alienated motherhood, polarized daughterhood and complicit femininity respectively. Based on the analysis of these simultaneous calls for heightening-disavowal of certain femininities, the article argues that competing projects for the (re)establishment of the constitutional regime in Turkey can be construed as renegotiations of feminine attachments to political authority.     

Economic Models in Politics: An Introduction

The constitutional future of the European Union (EU) has attracted many scholars in economics and political science to apply their knowledge on political institutions and propose concrete suggestions. We highlight that economists and political scientists proceed quite differently in this endeavour and suggest that, due to this, they also are exposed to different pitfalls. We illustrate this by critically assessing specific proposals made in the context of the proposed constitution for the EU.     

The grundgesetz after 50 years: Analysing changes in the German constitution

Fifty years after its original drafting, the German constitution has seen its text amended many times. Indeed, among OECD countries, the Grundgesetz has one of the highest rates of constitutional change. This article analyses these changes. It does so in a quantitative manner in its first section, before proceeding to ask how the numerous changes can be explained. Three approaches from the legal and political science literature are presented: one emphasising historical‐structural factors, one analysing changes as constitutional revisionism, and an institutional approach which focuses on the conditions for constitutional amendment. The strengths and weaknesses of each approach are then compared and contrasted, before the article concludes with an assessment of the characteristics of German constitutional policy.     

Promises of an impossible compromise: conceded constitutions in Europe, 1814–1906

The enactment of a constitution through the method of ‘concession’, as it was used in Europe between the Napoleonic wars and World War I, indicates that a hitherto absolute ruler understood the need for a higher level of institutionalization and collective exercise of state power, but mistrusted institutionalized and collective processes, which would define the level needed. In other word, a ‘concession’ comprehended an imminent contradiction. Drafting an enduring constitution is a complex and difficult task, which requires consensus- building on a wide scale through collective procedures. However, a ruler who ‘concedes’ implicitly denies any kind of collective constitution-making, which could get out of the ruler’s control. Instead rulers preferred a non-inclusive approach, using court advisors and/or ministers appointed by the ruler, to draft the constitutional text. The European experience analyzed in this article shows that popular involvement through representative procedures (such as the election of a constituent assembly) in the making of a constitution can improve its chances for endurance through time and create a political environment more favourable for the constitution to achieve normative quality, instead of remaining essentially a false promise.     

Great Britain and the Norwegian constitution of 1814

SUMMARY

By the 1814 Treaty of Kiel, Norway was detached from Denmark and was to be given to Sweden. Prince Christian Frederik, heir to the Danish throne, was the Viceroy of Norway in 1814. He refused to accept the Treaty, and decided instead to establish Norway as an independent kingdom under his rule. To legitimize his claim, he called for elections to a constitutional assembly. This assembly began on 10 April 1814. The constitution which it approved was inspired by numerous sources. This article investigates the British influences upon it. It also considers how Britain's stance in the international diplomacy of the day affected the outcome. Norway did indeed enter a forced union with Sweden, but with its constitution almost intact. This constitution was underpinned by the separation of powers, which its originators associated with Britain, and was known to them from books by Charles-Louis de Secondat, Baron de la Brède et de Montesquieu (1689–1755) and Jean-Louis de Lolme (1740–1806). Many members of the assembly had knowledge of British politics, especially the vocal Count Wedel-Jarlsberg and Captain Peter Motzfeldt. Three draft constitutions manifested important British influences. The approved constitution also contained crucial borrowings from Britain, particularly on civil rights. The Norwegian political system scarcely resembled Britain's at that time, especially since the separation of powers was interpreted differently. Nevertheless, some aspects of parliamentary procedure derived from the British model.     

The role of parliament in South Africacs foreign policy development process: lessons from the United States' Congress

For most democracies across the world, legislative engagement in foreign policy development has traditionally been limited to ratification of international agreements and oversight of the executive. While the Parliament of South Africa tends to adhere to this traditional approach, deferring to the executive on matters of foreign policy, this paper argues that a collaborative approach between the legislative and executive branches as articulated in the South African constitution must rather form the basis of South Africa's foreign policy development process. Moreover, by comparing the parliament of South Africa, a legislature with limited policy influence, to the United States’ Congress, a policy making legislature, it becomes clear from Congress that political will in employing constitutional power is the most important factor in ensuring legislative engagement in foreign policy decision making.     

Putting Local Associations Into their Context. Preliminary Results from a Swiss Study of Local Associations

The paper presents results from the Swiss case of the European comparative project CID (Citizenship, Involvement, Democracy). This project examines the relationship between political institutional assets and civic and political engagement in several Western and Eastern European countries. The paper seeks to investigate how civic engagement can be generated and shaped by a given institutional and political context as well as by a peculiar community size. The central hypothesis is that the context affects the character of local participation. To verify this, the papers examines two different Swiss cantons: the German speaking Canton of Bern and the French speaking Canton of Vaud. Moreover, for each canton, four local communities of different size have been selected. This research design discusses how participation is fostered by a more open political opportunity structure (the German canton), and how this combines with the size of the community.     

The Problematic Relation between Direct Democracy and Accountability in Latin America: Evidence from the Bolivian Case

During the wave of constitutional reforms, which started in the late 1980s, Institutions of Direct Democracy (IDD) have been incorporated into most Latin American constitutions, and over the past fifteen years, an increased use of these instruments by Latin American governments has been observed. This article deals with two questions related to this phenomenon: (1) what motivated the adoption and use of these institutions; and (2) what consequences can be expected with regard to democratic accountability in the region? To answer these questions, first, a classification of IDD is developed. In this, special attention is paid to the ability of the various types of IDD to introduce accountability into the representative structures of presidential systems. This classification is subsequently applied to analyse constitutional frameworks and direct democratic experience in the region. The findings suggest that the rise of IDD in Latin America was mainly induced by executive‐legislative conflict and has done little to foster accountability. Finally, therefore, a detailed account of the specific constellation that led to the adoption of IDD in Bolivia is analysed in order to illustrate under which circumstances political actors choose to adopt and employ these tools.     

韩国宪法法院变形判决制度的形成与发展

宪法法院成立之后,韩国宪法审查制度才真正获取了生命力。这一方面归功于韩国宪政建设环境的改善,另一方面则应归功于宪法法院积极主动履行职责。变形判决制度即是韩国宪法法院汲取德国经验而作的创造性变革。变形判决是相对于原形判决而言的概念。韩国《宪法法院法》规定的“违宪”或“合宪”的判决形式可称之为原形判决;宪法法院在宪法审判实践中逐渐形成的“宪法不合致”判决、“限定合宪”和“限定违宪”判决可称为变形判决。变形判决是针对复杂多样的宪法审判对象而发展出来判决形式,适应了宪法审判的实效需求,展示了一条法律问题技术化的路径。     

Committees and deputations in the assemblies of the Dutch republic, 1660–1668. 1

SUMMARY

In this article Henryk Olszewski reviews the main developments of the parliamentary constitution in Poland-Lithuania from the later middle ages to the abortive reform period after 1760. It is argued that at least until the end of the Jagellinian dynasty in 1572, a healthy and viable constitutional tradition had developed, combining an effective kingship with a vigorous gentry democracy. It goes on to argue that the subsequent degeneration of this political system, symbolised by the adoption of the liberum veto in 1652 was not an inevitability but the result of contingency.     

Policymaking by Referendum in Presidential Systems: Evidence from the Bolivian and Colombian Cases

Government‐initiated referendums (GIRs) have so far been neglected by the debate on the effects of institutions on policymaking in presidential systems. The literature on Latin American politics has focused on isolated cases of GIRs, which are largely interpreted as epiphenomenal to a regional trend toward personalistic neopopulism. This article provides a conceptual framework for the systematic comparative study of GIRs. It argues that presidents' propensity to promote legal changes through referendums and their concomitant capacity to dominate policymaking are subject to the interaction of two institutional variables (constitutional rules regulating the competences of elected officials in GIR processes and minimum turnout requirements) and two political variables (preference distribution in the legislature and the position of the median voter). These propositions are tested through a comparative analysis of referendum experiences in Colombia and Bolivia, two cases with similar political settings and significant variation in each of the institutional variables.     

Falling Foul of Section 44(i): Australian's Dual Citizenship Saga and the Problems of Institutional Inertia and “Drift”

Australia's “dual citizenship” crisis erupted in 2017 when several elected members of the federal parliament discovered that they were ineligible to sit because their dual citizenship status meant that they were in breach of s 44 (i) of the Australian constitution. The controversy has had enormous political consequences, prematurely ending several political careers and confirming that millions of Australians are ineligible to sit in the federal parliament because they hold dual citizenship. It has raised important questions about the contemporary relevance of s 44 (i) for multicultural, trans-national Australia, given its association with singular, racialized (British-colonial) notions of identity, allegiance and belonging. Using a historical institutionalist approach, and associated concepts of policy “drift”, I demonstrate the inevitability of the recent controversy, given decades of government inertia and both unintentional and purposeful non-decision-making on s 44, despite repeated expert warnings about its risks. I reflect upon the possible interests and ideological biases that have compelled political leaders’ resistance to proposals to decisively fix the constitutional anomaly by holding a popular referendum. I argue these failures have left Australia vulnerable to ongoing political instability and raise considerable concerns about its democratic quality.