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Constitutional Provisions (constitutional + provision)

Distribution by Scientific Domains
Humanities and Social Sciences57%
Law and Criminology42%

Selected Abstracts

Green Constitutionalism: The Constitutional Protection of Future Generations

RATIO JURIS, Issue 3 2007
KRISTIAN SKAGEN EKELI
The proposal I wish to elaborate can be termed the posterity provision, and it has both substantive and procedural elements. The aim of this constitutional provision is twofold. The first is to encourage state authorities to make more future-oriented deliberations and decisions. The second is to create more public awareness and improve the process of public deliberation about issues affecting near and remote future generations. It is argued that a good case can be made for the proposed reforms compared with alternative substantive constitutional environmental provisions found in existing constitutions and in the literature on legal and political theory. The main reason for this is that the proposed law constitutes a better and more adequate basis for judicial enforcement than the alternatives, which tend to be very vague or unclear. In this connection, I contend that there are both epistemological and moral reasons for introducing constitutional provisions that focus on the protection of critical natural resources essential for meeting the basic physiological needs of future people. It is also argued that the posterity provision can be defended on the basis of central ideas and ideals in recent theory of deliberative democracy. [source]

Intelligence bound: the South African constitution and intelligence services

INTERNATIONAL AFFAIRS, Issue 1 2010
LAURIE NATHAN
This article explores the functions and impact of the South African constitution in relation to the country's intelligence services. The constitution has proved to be a powerful instrument for transforming, controlling and constraining the services, safeguarding human rights and contributing to the management of political conflicts and crises. Yet the constitution's relevance for the intelligence community is also contested and contradictory. Paradoxically, the executive, parliament and the intelligence services believe that it is legitimate for the services to deviate from constitutional provisions because their mandate to identify and counter threats to national security is intended to protect the constitution. The article contributes to filling a gap in the literature on security sector reform, which is concerned with democratic governance but ignores the role of a constitution in regulating the security organizations and determining the nature of their governance arrangements. Intelligence agencies around the world have special powers that permit them to operate with a high level of secrecy and acquire confidential information through the use of intrusive measures. Politicians and intelligence officers can abuse these powers to manipulate the political process, infringe the rights of citizens and subvert democracy. While a constitution cannot eliminate these risks, it can establish an overarching vision, a set of principles and rules and a range of mechanisms for promoting intelligence transformation and adherence to democratic norms. [source]

The common law and international law , a dynamic contemporary dialogue

LEGAL STUDIES, Issue 1 2010
Hon Michael Kirby AC CMG
International law, as expressed in treaties and in customary law, is of growing importance in municipal jurisdictions throughout the world. Some barriers to the use of international law in national courts are identified. Occasionally, they include scepticism and even hostility about this body of law. However, the past 60 years have witnessed a remarkable change in judicial attitudes in final courts in most Commonwealth countries. In the UK, the impact of Europe has helped create an ,incoming tide'. In South Africa, India and Canada, constitutional provisions have stimulated the change. New Zealand is now affected by its Bill of Rights Act. But, in Australia, none of these forces was available and decisional authority adhered for decades to strict dualism. The changing pace of utilisation of international law in the UK and Australia are described. In the UK, the Human Rights Act 1998 now consolidates a trend already happening in the courts. In Australia, the Mabo decision in 1992 effectively endorsed the Bangalore Principles on the municipal application of international human rights norms. This paper describes the contrasting case-law. In the foregoing countries, it concludes with a response to criticisms of judicial utilisation of international law and a suggestion of the proper jurisprudential basis that can be identified to sustain a judicial process that is now well advanced in the countries surveyed. [source]

Prudence and Constitutional Rights

AMERICAN JOURNAL OF ECONOMICS AND SOCIOLOGY, Issue 1 2004
Edward F. McClennen
ABSTRACT. In The Calculus of Consent, Buchanan and Tullock argue for institutional safeguards to ensure maximal benefit for all members of a community against the potential tyranny of the majority. I extend this idea by introducing prudential concerns and argue that they ought to be factored into the decision making that constructs such safeguards. Specifically, I see the safeguarding of prudential concerns for all members of society as a matter that should be secured from the random fate of the political process by constitutional provisions. [source]

Green Constitutionalism: The Constitutional Protection of Future Generations

RATIO JURIS, Issue 3 2007
KRISTIAN SKAGEN EKELI
The proposal I wish to elaborate can be termed the posterity provision, and it has both substantive and procedural elements. The aim of this constitutional provision is twofold. The first is to encourage state authorities to make more future-oriented deliberations and decisions. The second is to create more public awareness and improve the process of public deliberation about issues affecting near and remote future generations. It is argued that a good case can be made for the proposed reforms compared with alternative substantive constitutional environmental provisions found in existing constitutions and in the literature on legal and political theory. The main reason for this is that the proposed law constitutes a better and more adequate basis for judicial enforcement than the alternatives, which tend to be very vague or unclear. In this connection, I contend that there are both epistemological and moral reasons for introducing constitutional provisions that focus on the protection of critical natural resources essential for meeting the basic physiological needs of future people. It is also argued that the posterity provision can be defended on the basis of central ideas and ideals in recent theory of deliberative democracy. [source]

Human Rights Provisions in the Second Amendment to the Indonesian Constitution from Shar?,ah Perspective

THE MUSLIM WORLD, Issue 2 2007
Nadirsyah Hosen
On the basis that, unlike the Cairo Declaration, the UIDHR and the other constitutions, the Indonesian constitutional provisions make no explicit reference to Shar?,ah or Islam despite the fact that Indonesia is the largest Muslim country in the world, the author concludes that Indonesian political parties who participated in enacting the amendments adhere to a substantive view of the Shar?,ah. [source]

Federalism: Fuzzy Global Trends

AUSTRALIAN JOURNAL OF POLITICS AND HISTORY, Issue 1 2004
Ken Coghill
This article examines the operation of federalism from the perspective of complex evolving socio-political systems. Emerging forms of governance that operate through a mix of formal statutory instruments, culture and the effects of fuzzy logic rather than in accordance with formal constitutional provisions are examined. The paper will canvas the implications of this approach for certain specific areas of public administration within the Australian federation. [source]