The constitutional framework of the new Germany

Unification has again raised the question of continuity and discontinuity in German history. At the end of the Second World War, the jurist Kelsen put forward the theory that as a result of its defeat and. disarmament Germany had ceased to exist as a state. This view was generally rejected in theory, although in practice the position was not so clear‐cut. Subsequently, the use of the Basic Law to effect swift unification, together with the problems resulting from unification, has led to Kelsen's theory gaining in utility and justification.     

The federal republic and the future of Europe: A reassessment

Speculation concerning a dominant or hegemonic role to be played by a unified Germany in a post‐cold war Europe is misplaced. The extent to which the Federal Republic of 1949–89 has been caricatured as an economic giant but a political dwarf has undermined an appreciation of the manner in which successive Bonn governments have used multilateralism in foreign policy to further Germany's political influence in Europe long before national reunification. At the same time, it is unlikely that reunification will bring a dramatic change in German foreign policy. The nature of the Federal Republic's domestic politics, as well as the relationship with the European Community, apply substantial constraints on the ability, or the desire, to bring about a radical reorientation. The principal architect of change in Germany's relationship with its neighbours will be the country's expansive corporate sector. The gap between the restrained nature of Germany's diplomacy and the extrovert dynamism of its industry, furthermore, promises to make the Federal Republic's adjustment to a new international role awkward.     

The devil in the details: constitutional regime types in post-Soviet Eurasia

The constitutions of Eurasia’s more authoritarian countries categorically differ from those of the region’s more democratic countries, in that they codify a doctrine of presidential supremacy as well as several constitutional tools allowing for its implementation. Therefore, the classic typology of forms of government is inadequate for understanding the architecture of power in these countries. Rather, their routine categorization as presidential or semi-presidential formats of executive–legislative relations causes flawed case selection in extant comparative research about the impact of forms of government, particularly president-parliamentarism, on regime performance and stability. This article shows that almost a third of all constitutions in the region reflect a regional variety of genuinely authoritarian presidentialism. It systematizes the properties of this constitutional pattern of “Eurasian-type presidentialism” or, for that matter, “superpresidentialism.” Methodologically, the article encourages contextual analyses to understand non-Western, non-liberal constitutions “from within.”     

Governors-General during Pacific Island constitutional crises and the role of the Crown

Links with the Crown are often thought to play a largely ‘symbolic’ role in the contemporary politics of the Pacific Islands. Yet the Queen appoints Governors-General for three Pacific Island states, albeit acting on advice, and did so in Fiji until that country became a Republic in October 1987. All four countries have witnessed constitutional crises in which the Governor-General has played a critical role. This paper examines those crises, and other occasions that have tested the link with the Crown. It argues that the common minimalist defence of such institutions (influenced by one reading of Walter Bagehot's well-known views) – i.e. that such arrangements tend to work better than republican or presidential alternatives by elevating a relatively disinterested arbiter to broker political transitions – misses the fact that realm territories have tended to face similar and comparable difficulties to those Pacific nations that abandoned the link with the British Crown at independence, and that these issues have been no better or no worse handled by Governors-General than by locally selected Heads of State.     

German parties and internet campaigning in the 2002 federal election

This article examines German national parties' use of the Internet in the 2002 federal election. Its main goals are to determine what the parties were doing in their online campaigns and how far their use of the Internet can be understood in terms of two party-specific variables – organisational size and primary goal. These questions are of significance given the relatively limited study of parties' use of the net in Germany in the comparative literature on this topic. Also, research on parties' use of the Web across countries has suggested that while context does produce differences in approach, partyspecific factors also play a major role in determining online strategy. The article attempts to investigate these questions systematically by examining nine German parties' use of the Internet (specifically websites, e-mail, and intra-nets) using questionnaire data from national party personnel and content analysis of web pages. Our findings show that while the divide between major and minor parties can be seen quite clearly in the German context in terms of website quality and visibility, evidence to support the impact of party outlook in shaping parties' online strategy can also be found. In addition, the study reveals that major parties are now beginning to take the Internet very seriously as a communication tool, particularly in terms of election campaigning.     

Thomas Paine's influence on the Girondin constitutional project of 1793

This article aims to investigate what may have been Thomas Paine's influence on the Girondin constitutional project presented by Marie-Jean-Antoine-Nicolas de Caritat Condorcet to the French National Convention, of which he was a member, on 14 and 15 February 1793. Indeed, the English radical was part of the nine-member committee, by the majority Girondin faction, in charge of drafting a new constitution for France. That project, which was accompanied by a Declaration of Rights, never came to fruition, but it has always been recognized as an important document for the interpretation of the evolutionary dynamics that characterized the French revolutionary period. Many of the provisions in the constitution recall Painite political thought, and studying this element can also be useful for understanding the links between the American and French Revolutions, given the fact that Paine actively participated in the experience of institutional upheaval initiated by the American colonists in 1775. The English thinker elaborated a political theory in his writings inspired by the most important democratic principles and based on respect and protection of fundamental human rights, all elements that, in their different mode of expression and declinations, can be found again in the Girondin constitutional charter of 1793.     

Property and constitutional order: Land tenure reform and the future of the African state

The debate over land law reform in Africa has been framed asa referendum on the market – that is, as a debate pittingadvocates of the growth-promoting individualization of propertyrights against those who call for protecting the livelihoodsand subsistence rights of small farmers. This article arguesthat the prospect of land law reform also raises a complex bundleof constitutional issues. In many African countries, debatesover land law reform are turning into referenda on the natureof citizenship, political authority, and the future of the liberalnation state itself. The article describes alternative landreform scenarios that are currently under debate, and identifiesthe constitutional implications of each. The practical salienceof the issues is illustrated through reference to land reformpolitics in Côte d’Ivoire, Uganda, South Africa,and Tanzania.     

Combating racism and the issue of reparations

ABSTRACT

This paper looks at previous Pan-Africanist attempts to combat the legacy of slavery and colonialism, and concludes that one of the lessons that can be learned from the Africanists of the 20th century is the necessity for unity, internationalism and placing working people at the centre. In terms of the need for the kind of repair that is now required, the paper highlights the continuing impact of Eurocentrism and racism in all its forms. In particular it stresses that the countries of Africa and the Caribbean must reject the so-called ‘universal values of the major powers’ and develop their own political institutions and paths of development, based on their own traditions. There is still the need to reclaim the history and heritage of those who are of African and Caribbean descent, but most importantly to reclaim the sovereignty of the peoples of Africa and the Caribbean. This requires that the people empower themselves, and that they become the decision makers.     

English constitutional law in Austrian popular legal literature of the nineteenth century

‘Popular legal literature’ is a source that has been widely disregarded by historians as well as legal historians until the present day. The following article provides an outline with basic information about this literary genre and its typology with regard to its motivation, style, contents and authors. After this general overview the article then proceeds to show the nature of the information about English constitutional law that can be evidenced from Austrian popular legal literature books of the nineteenth century, and comparisons are made with other sources.     

China,US and the North Korean issue

This article explores the strategic interests of China and the US in the North Korean issue. It examines their different perceptions of North Korea. For China, North Korea is needed as a friendly buffer state as well as a political ally. As the lone superpower and lynchpin of international security, the US wants to stop unpredictable North Korea from further developing its nuclear capabilities. The article then explores the shared goal of both great powers in promoting stability on the Korean peninsula and in preventing nuclear proliferation. It is argued that the interplay of Sino–US security interests has a huge impact on the evolution of the North Korean issue.     

Cross-state learning and service delivery in India’s federal system

ABSTRACT

This paper attempts to place the issue of cross-state learning and borrowing experiences in service delivery in India in the specific context of political incentives in India’s federal democracy as well relating it to the findings of the comparative literature on subnational policy diffusion in federal systems. It presents four types of borrowing experiences from a selection of six case studies of the past few years, and point towards ways in which learning/borrowing across states can be usefully incorporated into policy.