Constitutional Amendment Research Articles

Reviewing the constitution-making process in Kenya: The failure of the 2005 constituent process

Abstract Kenya began its democratic era after its declaration of independence and the adoption of its first constitution in 1963. However, this supreme norm of the country would undergo countless reforms by the political elites from the very beginning, mostly to satisfy the partisan demands of the political leaders of the moment. These reforms succeeded in transforming the initially democratic model into an authoritarian, one-party system. After two decades of corruption and abuses of power, political changes in the country, and a wave of democratization after the fall of the Berlin Wall fueled the popular clamor for constitutional change. This article analyses the development of the constitution-making process, which began with the first constitutional amendments introduced to the constitution of the independence, as well as the main factors that led to the rejection of a new draft constitution in the ratification referendum held on November 21, 2005. A key element contributing to the failure of the whole process is the strong influence of political forces in the process, all using partisan methods to achieve perceived political advantages.

Why Are Constitutional Amendments in Mexico so Frequent?

This research investigates the reasons for the overwhelming frequency of constitutional amendments in Mexico despite the widely held academic views of its constitution's rigidity. The article introduces a novel model highlighting the core of the Mexican Constitution. This model serves as a foundational lens to understand the interplay between political institutions, preferences of political actors, and amendment provisions. The application of this model attributes the frequency of amendments to three different reasons: first, the length and inconsistency of the Mexican Constitution; second, the institutional requirements for amendments; third, the political consensus prevailing in the Mexican political scene (crucial instances, such as the onset of multipartyism with concertacesión and pivotal reforms to Articles 27 and 73, offer deeper context) makes amendments feasible. A comprehensive analysis of the 68 constitutional amendments from 2000 to 2013 corroborates these expectations concerning institutional thresholds, coalition dynamics, and amendment significance.

Some aspects of social security legislation in the light of constitutional changes

This article is dedicated to the issue of improving legal regulation in the field of social security, taking into account constitutional amendments. The author explores the role and significance of the Russian Constitution as a system-forming source of law, analyzes the changes concerning the formation of the pension system based on the principles of universality, fairness, and generational solidarity. The article provides an assessment of the current state of pension legislation and considers the possibility of enhancing the effectiveness of the pension system in the implementation of constitutional changes.

Research on the Constitutional Reform of Kyrgyzstan and Its Influence on Political Transformation

In the 1990s, Union Republic of the Soviet Union Kyrgyzstan passively began the process of national independence and political transformation. As a country in transition, all the constitutions in Kyrgyzstan not only regulate the political life of the country, but also epitomize the practice of political transition. By combing the history of political transformation and constitutional reform in Kyrgyzstan, this paper analyzes the main contents and characteristics of the successive constitutional amendments in Kyrgyzstan by using the methods of literature analysis, text analysis and comparative study, and focus on analyzing the impact of constitutional reform on political transformation.

A Doctrinal Approach to Unconstitutional Constitutional Amendments: Judicial Review of Constitutional Amendments in Sweden

The delegation theory of unconstitutional constitutional amendments, a limited theory of unamendability – Applying a doctrinal approach to justify unconstitutional constitutional amendments – Introducing a typology of unconstitutionality – The practical deficiencies and internal inconsistencies of the delegation theory – The limited role of the doctrine of unconstitutional constitutional amendments in the Swedish context – The redundancy of constituent power as a legal concept

Early Childhood Care and Education: A Systematic Literature Review in Indian Context

Early Childhood Care and Education (ECCE) is often regarded as A key element of universal education. This study delves into the landscape of Early Childhood Care and Education (ECCE) in India through a systematic review of literature. After extensive attempts, several nations throughout the world are making strides toward securing ECCE. Despite this, the majority of them were unable to reach or compromise on this aim owing to insufficient resources, bad planning, and weak strategies for implementation, particularly in a large and populated nation such as India. The development of quality standards and curriculum frameworks, plans, acts, constitutional amendments, schemes, and flagship programmes like, District Primary Education Programme (DPEP), Integrated Child Development Services (ICDS) and Sarva Shiksha Abhiyan are just a few of the initiatives the Indian government has launched to improve quality. It has resulted in both anticipated and unexpected concerns and obstacles due to India's compromise on the non- negotiable ECCE quality requirements. Consequently, the government's objective of guaranteeing quality in ECCE was not fully achieved. However, recent research indicates significant advancements in quality improvements. Of course, there are unsatisfactory results in certain areas and components, but there has also been progress in other areas, suggesting that maintaining quality is a realistic objective. This research aims to present an overview of the Government of India's operations, assess the situation on the ground, pinpoint the primary hurdles to ECCE quality development and offer workable solutions to overcome those hurdles.

The Road to Change: The Perspectives of Academicians on Charter Change in the Philippines

The ongoing campaign to modify the current 1987 Philippine Constitution is part of being a democratic society. Resisting such an endeavor, if supported by a logical public consensus-building process, is also an important component of democracy. As a democratic country, the Philippines fits ideally into this constitutional reform setting. As such, this paper will examine the perspectives of Filipino academicians in addressing the growing pursuit of constitutional change to assist people in making better decisions and ideas for contemporary societal concerns. Using purposive sampling, in-depth interviews were conducted with the selected Filipino academicians. The interview elicited participants' perspectives on the growing concerns about the charter change in the Philippines, considering the timeliness, scope of changes, complicated legal procedure, and impact on the economy, politics, and Filipino people. Furthermore, it investigates if the implementation is necessary in the current circumstances. According to the data, most Filipino academicians oppose the present constitutional amendments since the government's goals are unclear. As suggested, there must be clear rules and intents that the charter change aims to solve, as this cannot be accomplished alone through a constitutional amendment, ordinary legislation, or executive action. The government must establish definitive rules and give the Filipinos the exceptional political leadership that all citizens deserve.

The Vote18 Polemic and Challenges of its Implementation in Malaysia

Vote18 in Malaysia aims to extend voting rights to individuals aged 18 and older from the former voting age threshold of 21 years and older. This article discusses the challenges associated with implementing Vote18 in Malaysia, aiming to fill the gaps in the scholarly debates on Vote18 and the obstacles to implementing it in Malaysia. Even though the federal constitutional amendment to implement Vote18 was ratified in 2019, its implementation was delayed by two years, raising the essential question: What is the rationale for its delay? The primary data were collected from interviews with four respondents, comprising current and past ministers who had a pivotal role in revising the federal constitution and implementing Vote18, whereas secondary data were gathered from books, journals, and online newspapers. The findings revealed four obstacles to implementing Vote18 in Malaysia. First, the state constitution or state body laws, including the Election Offenses Act 1954, the Elections (Conduct of Elections) Regulations 1981, and the Registration of Electors Regulations 2002, must be amended before allowing people aged 18 and over to vote or run for office. Second, merging data and information stored by numerous government departments and agencies, such as the National Registration Department (NRD), is labour-intensive and time-consuming. Third, the development of a new voting system and the necessary infrastructure are still ongoing. Finally, the most critical hindrance is the government's lack of political will to ensure the initiative's success. Therefore, it can be concluded that lowering the age restriction is among the key components in reforming the Malaysian electoral system.

“God of One Blood”: Deeds of Manumission in The Counties of Accomack, Northampton, Norfolk, and Elizabeth City, Virginia (1785-1824)

When considering the analytical framework of chattel slavery in the history of this nation, its history has been written in laws, constitutional amendments, cases, and a variety of legal mechanisms and precedents that simply do not tell the entire narrative of that “peculiar institution.”2 In our examination of American chattel slavery, it is as if we were crafting a quilt commencing with those legal pronouncements as composing the outside frame of that particular construct. But it is only when we consider the individual narratives of those persons for whom slavery was a lived experience that we can see that the institution was composed of a multitude of smaller pieces and patches, that when arranged in a patchwork manner, reveal remarkable narratives of the lives of many brave men, women, and children who lived their lives on both sides of the line, and regardless of which side of the side of the divide, whether enslaved or enslaver.

Constitutional Amendment 106 Women Reservation - What can be Learned from 1/3rd PRI Reservation?

Abstract: Attaining gender inclusion and political empowerment is the goal of the historic Constitutional Amendment for Women's Reservation, which calls for a one-third reservation for women in Panchayati Raj Institutions (PRIs). The dynamics of women's participation in grassroots governance can be better understood by looking at the lessons learned from PRIs' implementation of the 1/3rd reservation. In rural local bodies, like as Panchayats, women were required to occupy one-third of the seats under the 73rd Amendment Act of 1992. In an effort to rectify past gender inequalities, increase women's representation in decision-making bodies, and boost their social and political standing, this proactive policy was put in place. The revolutionary effect on women's political engagement is one important takeaway from the one-third reservation in PRIs. Women were able to take part in local administration through the reserved seats, which helped them develop their leadership abilities and increase their visibility in public service. As a result, women's status in communities was enhanced, and decisionmaking became more inclusive and equal. The importance of prioritizing health, education, and social welfare issues is positively correlated with women's political representation, which is another lesson. To address pressing social issues, women PRI officials frequently fought for policies that would have a direct positive effect on women's and marginalized communities' quality of life. In addition, the 1/3rd reservation effort highlighted the significance of initiatives that strengthen the abilities of female leaders. To help women successfully carry out their responsibilities as leaders, educational and training programs were crucial in providing them with the information and abilities they needed to understand and handle the many facets of government. Even with these good results, there are still problems. In many cases, women are unable to reach their full leadership potential due to cultural biases, patriarchal attitudes, and resistance from established power structures. If we want women to have an impact in politics, we need to break down these entrenched stereotypes and create conditions where they feel comfortable taking an active role

Kontekstualisasi Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Dalam Perspektif Islam

Constitutional amendments in Muslim-majority countries, including Indonesia, often face political challenges, constitutional conflicts, and harmonisation between sharia principles and democratic values and civil liberties. This process reflects the complex socio-political dynamics of achieving a balance between tradition and modernity. This research aims to understand these challenges from an Islamic perspective, identify factors that influenced the amendment process, and explore the integration of Islamic principles with democratic values within a reformist constitutional framework. Using a qualitative approach and analysing relevant documents and literature studies, as well as conducting interviews with legal, political and religious experts, this research highlights the political tensions and conflicts related to human rights, governance structures, minority rights and religion. Despite challenges, there are opportunities to mediate sharia principles with democracy through constructive dialogue and compromise. The research also offers strategies to support constitutional reforms that take into account public welfare and democratic principles. Keywords:Constitution, Contextualization, Islam.

Pengabdian Masyarakat Sosialisasi Implementasi Sistem Pemilu Indonesia di Bawaslu Jakarta Pusat

General elections in Indonesia are a democratic mechanism to determine leaders who are expected to have legitimacy, namely recognition and support from the voting public at large. To achieve this, Indonesia needs an electoral system that is effective and in accordance with the country's conditions. Elections in this country have been regulated through the 1945 Constitution and are conducted through direct and representative election methods. There were variations in the electoral system before and after the 1945 constitutional amendment was made. This electoral system is set up to ensure that the voting process is conducted directly, publicly, freely, confidentially, honestly, and fairly. However, the implementation of the current electoral system shows some shortcomings that require improvement to ensure better elections in the future.

Constitutional Safeguards for Digital Rights and Privacy

The digital rights and privacy protections are emerging human rights concerns in the digital age. Uzbekistan's newly enacted constitution provides a general framework for civil liberties, but lacks specificity regarding digital contexts. This research examines the effectiveness of Uzbekistan's constitutional safeguards for digital rights and privacy, and identifies potential areas for improvement. The aim is to ensure robust protections aligned with international norms. A qualitative methodology analyzes constitutional provisions, legislation through doctrinal review and phenomenological approaches. Results reveal significant gaps in areas like data protection, consent requirements, and oversight of state surveillance compared to frameworks like the EU's GDPR. Recommendations include constitutional amendments explicitly guaranteeing digital rights, an independent data protection authority, enhanced enforcement mechanisms, and legal reforms codifying principles of data minimization and individual control over personal information. Implementing such measures is crucial for Uzbekistan to uphold digital rights, promote trust in the digital ecosystem, and contribute to preserving human dignity and autonomy in the digital era.

Eco-centric Theory: Environmental Conscious Constitution

Many national constitutions incorporate elements of environmental constitutionalism, yet the absence of these provisions in some countries indicates suboptimal implementation. This normative juridical research investigated the key factors that influence a country's decision to embrace environmental constitutionalism based on historical case studies of countries that have amended their constitutions in this area, underscoring the contextual background as a pivotal influence on the constitutional amendment process. This environment inevitably shaped the amendment process, exposing it to a variety of influential factors. The research concluded by emphasizing critical strategies necessary for successful constitutional amendments, including aligning environmental protection with national values, leveraging crises, addressing economic factors thoroughly, and garnering the requisite political support from both the public and politicians.

The Value of Local Self‑Government in the Process of its Interaction with the State: Constitutional and Legal Aspect

The local self-government reform in Russia in recent decades has gradually diverted this institution from the essence of its creation, embedding it in the vertical of state power under the image of public power. The 2020 constitutional amendments have only accelerated this process. The paper attempts to substantiate the need to preserve municipal power in the form that it was originally inherent in, being a prototype of the theory of a free community or at least dualism. The paper is based on the theoretical advances of scientists and the author’s insights, as well as on a number of issues of local importance, including land, tax, urban planning and other public relations. The author has attempted to show the need for local self-government at the present time, if the necessary vector of development is given to it by organizational and legal means. The increasingly expanding practice of delegating state powers and the introduction of a single-level system of territorial organization of municipalities plays a negative role in the issue under consideration. In order to overcome problematic trends, it is proposed to implement the existing institutions of municipal law in a new way, which will give positive results and for which there is a real demand from the population. Thus, people are reluctant to participate in various events related to mandatory face-to-face attendance, but actively vote for options for improving public space, do not want to be deputies of rural settlements, but help each other in difficult situations and go out on clean-up days, etc. The subsequent transformation of local self-government should be based on the needs of citizens, not the state.

Environmental Policy in India

Since the early 1970’s, the world has become increasingly sensitised to environmental issues which cut across many disciplines and occur at different spatial scales. The unprecedented population growth and advanced technology both have led to man’s impact on environment becoming appreciable, so that, there is mounting pressure on both environment and resources. Concerns for environment have been echoed at various international conferences and also have been discussed at inter-governmental levels. In India concern for environment had started in late 1970. To protect environment various constitutional amendments were made in the first place. Environmental legislations were enacted from time to time to protect the environment followed by environmental policies.

QUESTÃO FEDERAL INFRACONSTITUCIONAL NO RECURSO ESPECIAL E SUAS NUANCES

This article aims to present an analysis of the relevance of the federal infraconstitutional issue in the Special Appeal, introduced by Constitutional Amendment 125/2022. In this sense, the Special Appeal, the appropriateness of the Special Appeal, the concept of relevance of the Special Appeal, the requirement to apply the federal question were analyzed. Furthermore, a study was carried out on the motivation for the reform, the criticisms directed towards it, as well as regarding the beginning of the federal issue's validity and when it will be regulated in ordinary legislation and in the RISTJ and, finally, the conclusions reached were due to the importance the new figure constitutionally provided for in the filter for appeals to the STJ, as well as the lack of regulation on the subject.

Судебная система Российской Федерации в свете конституционных поправок 2014 и 2020 годов: проблемы и пути их решения

The article analyzes the content of constitutional amendments in relation to the organization of the judiciary. Specific proposals are made to create several completely independent judicial systems with their own Higher (Supreme) courts, the problems of world justice are considered (and a change in the vector of its development is proposed), and the need for bodies with judicial functions below the level of world justice is justified — in sparsely populated territories of the country. In addition, a proposal is being put forward to create a federal judicial authority with state powers similar to those of the bicameral Federal Assembly — for the legislative branch, and the Government of the Russian Federation — for the executive branch.

An Analysis of the Obligations of COMESA Public Procurement Regulations: The Case of Zimbabwe’s Public Procurement Regulatory Framework

With the coming into force of the new Constitution in 2013, public procurement was given a constitutional status in Zimbabwe. The Constitution sets out vital principles that public procurement legislation must comply with. Moreover, it is a requirement of the Constitution that the governance of Zimbabwe must be pursued in accordance with Zimbabwe’s international law obligations. Zimbabwe is a founding member of the Common Market for Eastern and Southern Africa (COMESA). To accelerate interstate trade, COMESA promulgated Public Procurement Regulations (PPR) for regional competitive bidding across member states. The viability of the regional trade agreements is hinged on mutual cooperation. Pursuant to the foregoing, member states are required to domesticate international agreements into their municipal laws. In 2017, the Zimbabwean legislature passed the Public Procurement and Disposal of Public Assets Act 5 to give effect to the provisions of section 315(1) of the Constitution (Amendment No. 20), 2013. The public procurement reform agenda in Zimbabwe occurred close to a decade after the adoption of the public procurement regulations by COMESA in 2009. This article explores the obligations imposed on Zimbabwe pursuant to the public procurement regulations. This is done by identifying the public procurement principles enumerated in public procurement regulations, which are binding on member states. This article endeavours to answer the question: To what extent does the Zimbabwean legal framework conform to public procurement regulations? This article notes that the legal framework underlying public procurement in Zimbabwe, by and large, conforms to the bar set in the public procurement regulations. Nonetheless, it highlights Zimbabwe’s public procurement shortcomings. The article concludes by making possible legislative recommendations.

Генезис законодательства об организации судов с участием присяжных заседателей в постсоветской России и проблемы обеспечения его конституционности

The article examines the process of development of legislation on the organization of jury trials in post-Soviet Russia, and also touches upon the problems of ensuring compliance of this legislation with the Constitution of the country. According to the author, as a result of constitutional amendments, before the constitutional reform of 1993, the legislator thought or assumed a wider introduction into socio-political practice of the institution of trial with the participation of jurors, and civil cases were even placed in first place by the Constitution compared to criminal cases. The Constitution of the RSFSR still supported the construction of “professional justice together with people’s assessors”, but was aimed at a major transformation of democratic forms of justice in the future.