How to avoid a coup d'état: The Federalist on the American constitution

SUMMARY

In this article Jack Pole considers whether the Constitution of the United States, as drafted in the Philadelphia Convention of 1787 could be regarded as the result of a coup d'état, since the original remit of the Convention had been to modify the existing Confederation of independent states, while the outcome was a constitution for a new sovereign, federal state. The article is based on the use of the collection of essays that were later published collectively as The Federalist to illustrate the thinking of the Convention leaders. It is important that The Federalist was not a work of political theory, but a collection of the ideas of Hamilton, Madison and Jay, which were written in response to developments with the aim of persuading the public to vote for ratification. The central problem for the authors was to balance their wish for a strong central government against the widespread contemporary belief, rooted in Whig thinking, that a strong central government was the most dangerous of all threats to individual liberties. The authors, collectively ‘Publicus’, begin with an orthodox view of sovereignty as ‘indivisible’: but this view was modified in face of strong Anti-Federalist attacks on ‘consolidation’. Key issues were open to later judicial interpretations. The article suggests that, quite apart from the complete absence of armed coercion on the Convention of 1787, the results of its deliberation cannot be seen as the result of any kind of coup.     

‘The devil or the Dutch’: Holland's impact on the financial revolution in England, 1643–1694

SUMMARY

In this article Beat Kümin and Andreas Würgler make a comparative study of how the peoples in early modern England and Hesse used their acknowledged rights to present petitions and grievances to exercise a real influence on the process of legislation, and even over administration in general. They could on occasion, virtually initiate legislation from below. The article illustrates the unusually wide scope and usage of the petition in England, helped by the early recognition of the subjects' right to petition both houses of Parliament as well as the monarch. It is suggested that this could result in a broad popular participation in the work of government. But even in Hesse, where the rulers asserted their sovereign rights as sole legislators and where, from the seventeenth century, they were attempting to develop an effective bureaucratic administration to sustain their aspirations, the method of petitioning the ruler, either through the Estates, Gravamina or directly, enabled ordinary people to have a part in promoting legislation and to participate in, and even effectively restrain, the princely administration.     

The frailties of prisons in post-colonial Sudan: from rehabilitation to retribution, 1956–1989

This article examines the slow eclipse of the rehabilitative ideal within the Sudanese prison system in the period from independence in 1956 till the removal of the third parliamentary regime in 1989. It contends that Ja^cfar Numayri's ‘Islamization’ of the criminal and penal system in 1983, which has been interpreted by some as an act of religious revival aiming to replace a series of externally imposed and European laws, cannot be understood purely in cultural terms. It will demonstrate that the Sudanese prison professionals of the post-colonial era pursued rehabilitative ideals with greater enthusiasm than their colonial predecessors. However, they were hampered by the limited resources offered to them by a government that became increasingly less interested in infrastructural social control and more concerned with exercising direct physical violence against both political and non-political transgessors of the state's law.     

Conditionality,migration control and bilateral disputes: The view from the Greek–Turkish borders in the Aegean

The article provides a conceptual framework for understanding the return of third country nationals from Greece and the European Union, as well as their readmission by Turkey, a critical issue of migration policy at the European external borders. Return and readmission could be conceptualized as integral to the EU conditionality, a key tool at the disposal of the European Union to encourage and ensure compliance with its norms. In this respect, incentives are offered to countries of origin or transit as reward for the enforcement of expulsion decisions and the regulation of migration issues. Return and readmission could also be understood in respect to cooperation between two sovereign states, wherein expected costs and benefits are constantly (re)evaluated on the basis of their recurrent bilateral interactions. Thus, migration issues between Greece and Turkey should be grasped as indivisible to relations between a member state and a prospective one; in this sense, they could be interpreted in relation to Turkey’s progress towards the adoption of the acquis communautaire, in the light however of the politically volatile border between the two countries.     

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.     

Subalterns and the State in the Longue Durée: Notes from “The Rebellious Century” in the Bhil Heartland

Abstract

Focusing on recent debates over the ways in which subaltern groups engage with the state in India, the article proposes that it is imperative to historicise our conceptions of subaltern politics in India. More specifically, the argument is made that it is imperative to recognise that subaltern appropriations of the institutions and discourses of the state have a longer historical lineage than what is often proposed in critical work on popular resistance in rural India. The article presents a detailed analysis of Adivasi rebellions in colonial western India and argues that these took the form of a contentious negotiation of the incorporation of tribal communities into an emergent “colonial state space.” The conclusion presents a sketch of a Gramscian approach to the study of how subaltern politics proceeds in and through determinate state–society relations.     

Liberal governmentality in Spain: bodies,minds, and the medical construction of the “outsider,” 1870–1910

Abstract

This paper traces the fragility of the subject in the period extending from the aftermath of the Sexenio through to the early twentieth century. In particular, two case studies are focused upon: the question of gender “deviance” and the figure of the genius, in order to understand how medicine participated in the construction of “outsider” identities within the context of the emerging liberal order. How did liberal rationales exclude or curtail certain wayward expressions of identity and subjectivity? What consequences did the marking of “excessive” figures or outsiders have for notions of inclusiveness and citizenship within the late-nineteenth-century liberal order? By concentrating primarily on medical texts and journals published during the period, this study builds on existing research to tease out answers to these questions.     

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.     

The Arab Military Force in Palestine Prior to the Invasion of the Arab Armies, 1945–1948

The article examines the size, structure, composition and modi operandi of the Arab military forces which fought the Jews in the 1948 war, before the invasion of the Arab regular armies, based first and foremost on the Arab sources themselves. An attempt is made to assess the substantial reasons behind the Arab defeat in the first ‘civil war’ phase of the campaign, including a comparison of the number of combatants, which also explains the outcome.     

Letters to the President: participation beyond the public sphere in Argentina, 1989–1999

President Carlos Menem received thousands of letters from citizens during his two consecutive administrations (1989–1999). Most often Peronist and working class, they wrote to him to seek financial or material aid, praise, criticize, advise, communicate political opinions and invite correspondence. They injected their letters with intimate details of everyday life, their understandings of democracy, and their sense of the successes and failures of the state at meeting those criteria and forging a democratic identity for the Republic. This article provides contextualized readings of a sample of those letters in an effort to elucidate why their writers looked beyond the public sphere to express themselves, and chose the letter to the president as method. It argues that discursive participation in the public sphere remained elite-dominated, and mass mobilization did not provide the individualized results or political bonds that the letter writers sought. Furthermore, as an activity that Juan Perón had actively encouraged, writing to the president appeared an object lesson in good Peronist citizenship. The “mythical basis of the legitimacy” of Perón and his version of Justicialism had been his “direct contact with the people” (Plotkin). The letters reveal how citizens in the 1990s sought to reconstitute this imagined proximity with a Peronist president in a newly democratic context.     

Regime collapse in the peaceful East German revolution: The role of middle‐level officials

During the autumn of 1989, the Communist regime in East Germany lost its will to continue using repression to stay in power. Rather than in Berlin, peaceful dialogue with street demonstrators came in the regional capitals. The reason is that although the regime did collapse, it began collapsing in the regions and the leading initiatives were taken by surprisingly low‐ranking officials who no longer believed in their own legitimacy. After spreading from the periphery to the centre, regime collapse made possible not just the peacefulness of the revolution but also the rapidity of German reunification.     

Eugenics and the modern woman on trial in Spain: from the Primer curso eugénico (1928) to the trial of Aurora Rodríguez Carballeira (1934)

In the late 1920s and early 1930s, Spanish supporters of eugenics encountered unprecedented opportunities to propagate their ideas and influence public discourse. This article argues that, following the collapse of the dictatorship of General Miguel Primo de Rivera in 1930, images of modern femininity were used to promote eugenic ideas to new audiences and the mujer moderna (modern woman) imagined as a key consumer of the modernist ideology of race regeneration. The association of Galtonian doctrine with new models of modern femininity affected an increase in the popularity of eugenics, evident in records of the extraordinary professional advancement of adolescent propagandist for eugenic reform, Hildegart (1914–33). Nevertheless, the capacity of Spanish eugenicists to propagate their ideas and shape social reform remained limited due to lingering anxieties about the dangers of popularising scientific knowledge about sex and reproduction among those who might be classified as “unprepared” on the basis of their age and gender.     

Representation in the English House of Commons: The New Boroughs, 1485–1640

SUMMARY

In this paper Norman Ball re-examines the well recognised process of enlarging the House of Commons in the Tudor and early Stuart periods by the creation of new, or the revival of old parliamentary boroughs. The usual explanation of the phenomenon has been that it met pressures from local gentry for wider access to parliamentary seats. The paper questions this interpretation, noting the new seats often appeared in areas that were already well provided with borough places. On the basis of a geographical analysis of the new boroughs it is shown that there was a preponderance of creations in the lands of the two royal duchies of Cornwall and Lancaster. It goes on to suggest that the main motive behind the creations was the need of the crown and its advisers to find places for reliable members who could assist the royal business managers in carrying through an expanding volume of parliamentary business.     

The Path to Syrian Intervention in Lebanon on the Eve of Civil War, 1970–1975

This paper examines Syria's intervention in Lebanon during the five years preceding the Civil War that broke out in April 1975. Syria intervened both indirectly and directly in Lebanese politics and economy in order to gain influence over its neighbor. The paper surveys the indirect and direct methods employed by Syria and examines Lebanon's reactions to and attempts to contend with these maneuvers. It can be said that between the years 1970 to 1975, Syria laid the foundations for its subsequent involvement in the Lebanese Civil War.     

The Italian Welfare State in the Crisis: Learning to Adjust?

Abstract

After a decade of inertia, that left it unprepared to withstand the blow of the great recession, the Italian welfare state has witnessed significant changes since 2012. Externally driven consolidation in the wake of the sovereign debt crisis spurred yet another wave of social policy reforms after that of the 1990s. These reforms did not however invariably entail retrenchment. Both the Monti and the Renzi governments combined liberalisation with expansion of social rights, particularly in income support. As a result, the Italian welfare state looks more comprehensive than it was before the crisis. At the same time, there was no overall strategy of welfare modernisation based on coordinated social investment measures. The changes in Italian social policy since the outburst of the great recession highlight the importance of domestic politics interacting with external drivers of change. They also facilitate an assessment of the opportunity structures for further reforms in a political system that appears to be veering again towards consensus democracy.     

The Limits of the State: Student Protest in Egypt,Iraq and Turkey, 1948–63

Student youth have been at the centre of social and political unrest in the Middle East since the era of reforms under the Ottoman Empire. However, although nationalist and revolutionary leaders encouraged students to actively participate in politics ‘for the sake of the nation’ during the first half of the twentieth century, revolutionary regimes progressively sought to ‘depoliticise’ them, once again ‘for the sake of the nation’, throughout the second half of the century. This article explores both dynamics while seeking to account for the failure of attempts to depoliticise the student body ‘from above’ in Egypt, Iraq and Turkey between 1948 and 1963.