The Impact of Domestic Politics and International Changes on the Brazilian Perception of Regional Integration

This article aims to analyze the impact of domestic politics and international changes that influence Brazilian positions regarding regional integration processes in South America, particularly the Southern Common Market, Mercosur. The dynamics of the international system and their impact on the evolution of the elite's perception of the role the country should play in the world are important variables for understanding these positions. The state's postures in relation to integration were and are based on a real interest, but this interest is also linked with the objective of ensuring better conditions for participation in other international arenas. Starting with the hypothesis that transformations in the international setting have strongly influenced Brazil's positioning, the elements of continuity and change in the country's behavior toward Mercosur are identified, with domestic politics as the main explanation.     

Fading Green? Environmental Politics in the Mercosur Free Trade Agreement

This article explores the role of environmental concerns in free trade areas made up entirely of developing countries. It surveys the environmental institutions of Mercosur, the Common Market of South America, and its member states. It also presents a case study of the recently terminated negotiations over a regional environmental legal instrument as an example of collective environmental decisionmaking. The article concludes that all the environmental components of the agreement are weak, and have even been downgraded in recent years. Even so, national environmental protections have increased during the years of the Mercosur agreement, and some regional actors are poised to join their northern counterparts in opposition to any potential free trade area of the Americas that does not include environmental provisions.     

What Macroeconomic Measures Are Needed for Free Trade to Flourish in the Western Hemisphere?

Recent experience has made clear the importance of macroeconomic stability, and exchange rate stability in particular, in generating support for regional integration. The tensions created by exchange-rate and financial volatility are clearly evident in the recent history of Mercosur and may also hinder the development of a Free Trade Area of the Americas. This essay argues that ambitious schemes for a single regional currency are not a practical response to this problem. Nor would a system of currency pegs or bands be sufficiently durable to provide a lasting solution. Instead, countries must solve this problem at home. In practice, this means adopting sound and stable monetary policies backed by a clear and coherent operating strategy, such as inflation targeting. With such policies in place, exchange rate volatility can be reduced to levels compatible with regional integration.     

Democracy,Civil Liberties and the Role of Religion after the Arab Awakening: Constitutional Reforms in Tunisia and Morocco

The electoral results following the Arab Awakening have rewarded Islamist parties in Tunisia, Egypt and Morocco. Their arrival in power sparked once more intense scholarly and policy debates related to the relationship between Islamism, democracy and individual rights. This article examines that relationship in the context of the constitutional debates in Morocco and Tunisia, which have seen the prominent role of Islamist parties in attempting to shape the new constitutional charters. What emerges from this analysis is that, in the parties examined, pragmatism plays a greater role than fixed ideological positions.     

Can Mercosur Survive? Domestic and International Constraints on Mercosur

Mercosur has survived several crises by resorting to presidential diplomacy, but it risks becoming an empty shell unless member states work to coordinate macroeconomic policies. Its survival depends on the outcome of domestic political struggles in Brazil and Argentina and on the harmonization of exchange-rate policies between the two countries. This article examines the Argentine-Brazilian "trade wars" provoked by successive devaluations of the Brazilian currency, aggravated in 2001 by the Argentine economic crisis. The social explosion in Argentina in December 2001 showed that domestic actors can successfully challenge proglobalization policies. To consolidate, Mercosur will have to address the democratic deficit while building supranational institutions and an effective dispute-settlement system.     

Politics of Trade in Post‐neoliberal Latin America: The Case of Bolivia

Deploying a two‐level perspective, this article analyses the regional and domestic space that the Morales administration has in which to implement the vision of trade articulated in its Plan Nacional de Desarrollo (PND; National Development Plan). Regionally the Morales administration has attempted to combine the solidarity principles of the Alianza Bolivariana para los Pueblos de Nuestra América (ALBA; Bolivarian Alliance for the Peoples of Our America) with the market‐oriented growth possibilities provided by more orthodox integration projects such as the Comunidad Andina de Naciones (CAN; Andean Community of Nations) and the Mercado Común del Sur (Mercosur; Southern Common Market). Domestically the Movimiento al socialismo (MAS; Movement Toward Socialism) government must negotiate the destabilising effects of its trade strategy in a polarised national context where business and civil society actors are critiquing from their respective positions both the solidarity principles and market‐oriented elements of the PND trade strategy.     

Imperial nostalgia or prudent geopolitics? Russia's efforts to reintegrate the post-Soviet space in geopolitical perspective

After stagnating throughout most of the 1990s and 2000s, Russia's efforts to reintegrate the post-Soviet space are finally gathering momentum. According to President Vladimir Putin, Russia's goal is to establish a Eurasian Economic Union “capable of becoming one of the poles in a future multi-polar world.” Most existing studies see Russia's imperial and post-Soviet legacies as the driving forces behind these efforts. Although they offer valuable insights, these studies fail to explain the timing of Russia's push for deeper regional integration. This article examines these developments from a geopolitical perspective and compares Eurasian regionalism with the regional integration projects of other great powers (more specifically, Brazil and Mercosur/Unasur and China and ASEAN+1). All three efforts are occurring at a time when the international system is in flux and the ability of the USA and other Western powers to deliver key global collective goods is being called into question. Regional integration must ultimately be seen as a strategy by Russia and other great powers to respond to these challenges and prepare themselves for an unpredictable future.     

Iran’s 1907 constitution and its sources: a critical comparison

Scholars of Iranian constitutional history have long recognized the influence of the Belgian and Bulgarian constitutions on the Iranian 1907 constitution. The exact character and extent of these and other constitutional influences have remained unclear, however. This article provides an analytical comparison of the 1907 Supplementary Fundamental Laws with the 1831 Belgian, 1876 Ottoman and 1879 Bulgarian constitutions that served as models and sources of inspiration. We also provide an easily navigable annotated version of relevant constitutional provisions in the footnotes for scholars interested in tracing models for particular provisions and have provided a complete version of the 1907 Supplementary Fundamental Laws and its sources on our website. In doing so, this article and the accompanying materials hope to clarify where these influences begin and end, where they have been modified or ignored, and where Iran’s constitutionalists innovated by introducing more stringent separation of powers or new institutions. It is thereby demonstrated that Iran’s constitutionalists critically engaged with previous constitutional traditions, rather than merely copying provisions from earlier models. Thus, Iran’s 1907 Supplementary Fundamental Laws should be regarded as an organic engagement with and global extension of the European liberal tradition, rather than as a merely peripheral or derivative development.     

Stretched but not snapped: constitutional lessons from the 2010 coalition government in Britain

Taking as its point of departure Matthews' (2011) ‘Constitutional stretching: Coalition governance and the Westminster model (Commonwealth & Comparative Politics, 49(4), 486–509), this article draws on the experience of coalition government in Westminster to review, categorise and consider how power sharing has necessitated a rethink of what is the British constitution. Defining constitutional stretching as being about the sustained operation of two-party government within the Westminster model, it shows that traditional practices around manifestos, collective responsibility and the prerogative have been adjusted since 2010 in order to facilitate functioning administration. The article observes that some stretching is not entirely novel with precedents to be found in earlier single party administrations. It further argues that while conventions have been strained, the Cameron/Clegg government survived, suggesting a need to adjust our understanding of constitutional concepts. Given the likelihood of future hung parliaments, this could mean more permanent constitutional change and the article makes some modest suggestions for updating guidance.     

Nationalism,Domestic Politics,and the Japan Economic Rejuvenation

This article explores the role of nationalism in domestic politics in Japan since 2005 by contrasting the Koizumi and the Abe administration of 2012/2013. It argues that the Koizumi and Abe administrations have exploited nationalism as a means to consolidate political power, move away from faction-based politics toward populism-based politics to weaken factions within the political system with entrenched interests that are counter to or prevent bolder, necessary economic reforms to propel Japan out of 20 years of economic stagnation. Furthermore, this article demonstrates that while each politician has used nationalism to mobilize popular support for their respective administrations, Koizumi’s use of nationalism was to achieve an economic agenda while Abe’s use of nationalism has been used to achieve his political agenda which includes constitutional reform.     

The contribution of Archie Mafeje to the debate on land reform in Africa

ABSTRACT

This article situates the election of Barack Hussein Obama as President of the United States of America within the current global political economy. It examines the major tenets of neo-liberalism, the founding ideology of this economy, and the policies by which neo-liberal ideology targeted and achieved a diminution of global state authority concomitant with a rise of market sovereignty. The consequences have been disastrous for the evolution of constitutional democracy and are at the root of the current economic crisis. As a critical factor that propelled Barack Obama's election, this article argues that Obama's presidency may offer a turning point away from a neo-liberal ideology and towards a strengthened commitment to constitutional democracy.     

Les députès du centre aux origines de la Troisième République française

SUMMARY

In this article Lothar Höbelt compares the political role of the Liberal parties in the Hohenzollern and Habsburg empires after 1867. Both started from a similar position, by granting a retrospective indemnity to their governments for their unconstitutional actions prior to 1866, in the expectation of reinstating constitutional government in which they would have an active role. The article then analyses the reasons why, by 1879 these expectations had been disappointed, but this led to different outcomes in the politics of the two empires. In the Hohenzollern empire, the Liberals eventually split permanently into a party of National Liberals, prepared to cooperate with government, and a progressive wing that tended to be in opposition. In the Habsburg empire, the Liberals remained united in a largely unsuccessful attempt to enforce parliamentary responsibility on the government. It is then shown how this outcome relates to the different ethnic and political structures of the two empires.     

Evolution of subnational foreign economic relations in Nigeria

ABSTRACT

In the current dispensation of civilian rule in Nigeria (1999–present), her subnational governments (SNGs) have increasingly been engaging in economic activities which impact on how Nigeria conducts her international economic interactions. This emerging trend is at variance with the existing legal provisions under the 1999 Nigerian Constitution, which preclude SNGs from this policy space. This article examines the evolution of the constitutional framework for SNG involvement in Nigeria’s foreign economic relations since independence. It is the argument in this article that the exclusion of SNGs from foreign affairs under the 1999 Constitution is a departure from the original configuration at independence. It is further argued that the recent episodes of SNG involvement in international economic activities are occurring despite the constitutional restrictions owing to external factors such as globalisation and internal factors such the growing need among SNGs to find alternative ways to fund their economic development objectives.     

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.”     

The Executive and the Constitutional Reforms Process in Sri Lanka

ABSTRACT

The debate on whether the executive presidential system which was introduced to Sri Lanka in 1978 should be retained, reformed or abolished is not a new one. It is a topic which is central to constitutional reformation in Sri Lanka, but one which always carries the potential of either making or breaking any attempt made at reforming the Constitution. This article examines the character of the post of executive president in Sri Lanka and how the most recent constitutional reforms process (initiated in 2015–2016) has sought to engage with the topic of executive presidency. Departing from the more popular trend of unconditionally critiquing the executive presidency, this article calls for a more realistic and dispassionate assessment of not only the possibility of abolishing the executive presidency but also of the viability of a prime ministerial system in Sri Lanka.     

Ideational Origins of Progressive Judicial Activism: The Colombian Constitutional Court and the Right to Health

Why do some constitutional transitions trigger the emergence of progressive judicial activism? This article addresses this question through an analysis of the creation of the Colombian Constitutional Court and its subsequent activism toward rights in general and the right to health in particular. This research suggests that ideational variables are crucial to explain this outcome. On the one hand, the Constitutional Court's behavior reflects the dominance of the institutional conception that it is the judiciary's role to help fulfill the promises of the constitutional text. On the other, programmatic beliefs about the relationship between the rule of law and market‐driven economic growth led powerholders to create the court and appoint judges with this orientation. The emergence of progressive judicial activism in Colombia, this analysis suggests, was the unexpected outcome of purposeful political choices made by proponents of neoliberal economics.     

The Right to Gender Recognition before the Colombian Constitutional Court: A Queer and Travesti Theory Analysis

This article discusses the case-law on gender recognition of the Colombian Constitutional Court. It argues that the Court, paying attention to queer and trans theory and to the demands of trans activists, has interpreted mainstream constitutional rights in such a way that trans people can have their self-defined identities recognised. The article criticises the limitations of this case-law, which still does not explicitly include non-binary and gender fluid people. On the other hand, it highlights that the Court's doctrine has the potential to challenge both the gender binary and the very category of ‘sex’ or ‘gender’ in the law.     

'Worrisome Trends': The voice of the churches in Malawi's third term debate

During 2001–3, Malawi's United Democratic Front governmentattempted to secure a constitutional amendment to allow PresidentBakili Muluzi to stand for a third term in office. A significantfactor in the failure of this attempt was the opposition ofMalawi's churches. Having played a prominent role as midwivesof the democratic dispensation inaugurated in 1993–94at the end of Kamuzu Banda's autocratic rule, the churches continueten years later to play an integral role in the nurturing anddevelopment of democratic politics. This article offers a surveyof the statements issued by the churches and an analysis oftheir role in the defeat of the third-term proposal. It is notedthat Malawi's churches have come to regard themselves as custodiansof democratic values, champions of the constitution and spokespersonsfor the people. The significance of appeal to the Bible is assessedand the churches' emerging challenge to the politics of patronageis examined. It is argued that, within civil society, the churcheshave proved to be the most effective agent in challenging theruling elite. The unity and unanimity with which they opposedthe third-term bid is identified as the key to their effectiveness.     

Peace and security concerns in the Niger Delta: a persisting struggle for autonomy and self-determination

This article argues that neither the amnesty granted the militants nor the election of Goodluck Jonathan as President of Nigeria will be sufficient to resolve the conflict in the Niger Delta as the crisis in the Niger Delta is an offshoot of some of the contradictions in the Nigerian federal structure, particularly the regional and power imbalance in the Constitution of 1960. Therefore, no matter how conceived, the Niger Delta crisis remains more fundamentally constitutional and political than socio-economic or environmental. Accordingly, what the paper attempts to address is the deliberate attempt by the Nigerian state to diminish the constitutional and political aspects of the crisis, while it creates the impression that the root of the problem of the Niger Delta is neglect and inequitable distribution of national resources by the federal government. The paper brings to the fore the constitutional and the political aspects which have underpinned the Niger Delta crisis since the 1950s and 1960s and concludes that any resolution of the crisis short of those imperatives will not endure.     

The Structural Limits of Depoliticisation in Sri Lanka

ABSTRACT

Sri Lanka’s institutional reform project has gathered momentum with the enactment of the Nineteenth Amendment to the Constitution. The Amendment restored the Constitutional Council, which is mandated to recommend and approve appointments to key ‘independent’ institutions and offices. This article asks what it means to be meaningfully ‘depoliticised’, and explores the dynamics and parameters of the current institutional reform project in Sri Lanka. It argues that the entrenchment of Sinhala-Buddhist majoritarianism within Sri Lanka’s institutional structures has led to ‘institutional decay’. Given such decay, the article points to serious limitations in legalistic approaches that are preoccupied with improving appointment procedures. Since institutions in Sri Lanka are structurally incentivized to appease a majoritarian agenda, relying on legal-textual and institutional reform alone is inadequate. Institutional reform is ultimately constrained by the structural limits of Sri Lanka’s current constitutional framework. The article concludes that meaningful constitutional transformation requires a long-term project that aims to transform the majoritarian socio-political and cultural norms that underpin Sri Lanka’s constitutional order.