Constitutional Change Research Articles

Can the people exercise constituent power?

Abstract Contemporary constitutional theorists sometimes use the phrase “the constituent power of the people” in a way that is, on closer examination, ambiguous. It could mean that the people is the bearer of constituent power, that the people exercises constituent power, or both. This article examines this pivotal, yet rarely explicitly thematized, distinction internal to the concept of constituent power and considers its downstream implications for constitutional theory. The proposition that the people is the bearer of constituent power, I argue, is best read narrowly as a claim about the proper subject of attribution for major constitutional change. The proposition that the people exercises constituent power, however, is best read either as (i) a claim about the capacity of citizens to effect constitutional change through collective deliberation, or (ii) shorthand for the claim that representatives should always engage in processes of constitutional change on behalf of citizens. If these readings are true, the article concludes, then this has important consequences for the theory and practice of constituent power and for its relationship with political representation.

Transformative leadership: President Ricardo Lagos and democratic civilian control of armed forces in Chile (2000–2006)

AbstractIn Chile, military subordination to civilians has been a difficult, gradual, and unaccomplished process. Using a qualitative approach, this case study analyzes how a head of state—President Ricardo Lagos (2000–2006)—introduced without constitutional prerogatives important changes in military subordination to civilian authorities. Based on political leadership studies and civil–military relations theory, we analyze the constitutional reforms that ended military presence in the Senate, and two policy changes—military acquisitions and human rights. We argue that President Lagos' transformation type of effective leadership made these changes possible.

Examining the absorption of post-internship medical officers into the public sector at county-level in devolved Kenya: a qualitative case study

BackgroundAfter Kenya’s decentralization and constitutional changes in 2013, 47 devolved county governments are responsible for workforce planning and recruitment including for doctors/medical officers (MO). Data from the Ministry of Health suggested that less than half of these MOs are being absorbed by the public sector between 2015 and 2018. We aimed to examine how post-internship MOs are absorbed into the public sector at the county-level, as part of a broader project focusing on Kenya’s human resources for health.MethodsWe employed a qualitative case study design informed by a simplified health labour market framework. Data included interviews with 30 MOs who finished their internship after 2018, 10 consultants who have supervised MOs, and 51 county/sub-county-level managers who are involved in MOs’ planning and recruitment. A thematic analysis approach was used to examine recruitment processes, outcomes as well as perceived demand and supply.ResultsWe found that Kenya has a large mismatch between supply and demand for MOs. An increasing number of medical schools are offering training in medicine while the demand for MOs in the county-level public sector has not been increasing at the same pace due to fiscal resource constraints and preference for other workforce cadres. The local Department of Health put in requests and participate in interviews but do not lead the recruitment process and respondents suggested that it can be subject to political interference and corruption. The imbalance of supply and demand is leading to unemployment, underemployment and migration of post-internship MOs with further impacts on MOs’ wages and contract conditions, especially in the private sector.ConclusionThe mismatched supply and demand of MO accompanied by problematic recruitment processes led to many MOs not being absorbed by the public sector and subsequent unemployment and underemployment. Although Kenya has ambitious workforce norms, it may need to take a more pragmatic approach and initiate constructive policy dialogue with stakeholders spanning the education, public and private health sectors to better align MO training, recruitment and management.

Decentralization in Neopatrimonial Democracy: Advantages, Disadvantages and the Path to Potential Peace

In many authoritarian countries of the world, rulers proclaim that the current regime is a model of liberal democracy. Its most significant flaw, however, is that it does not actually exist. This discrepancy between the supposed democratic leadership and reality is due to the neopatrimonial nature of the current political systems. Neopatrimonialism appears to be a hybrid model in which state structures, laws, and rules formally exist but are overridden by informal politics, networks of patronage, kinship, and tribalism. Rather than being organized according to merit, social functions, or administrative rank, the neopatrimonial regime finds its stability in bonds of loyalty to those at the top of the political hierarchy. Often, decentralisation reforms are initiated to overcome this crisis and stalemate. Their result is not always unambiguous, and the resulting effect corresponds to widely advertised expectations. In this context, this study examines the peculiarities of decentralisation reforms and their results in the countries with neopatrimonial democracy. Special attention is paid to the advantages and disadvantages of delegating part of state powers and authority to the local level, as well as its possibilities in achieving peace and resolving conflicts. The results suggest that, ideally, decentralisation generally contributes to an inclusive world where different groups can access power and are included in governance. In practice, however, this result is not always achieved because of the weak institutionalisation of the party system, the lack of transparency in government, and an underdeveloped civil society. The paper examines in detail the specifics of neopatrimonialism in its theoretical and methodological dimension. In addition, emphasis is placed on the potential of decentralisation to contribute to the peaceful resolution of conflicts in a country or — given weak social and political institutions, on the contrary, to increase uncertainty and the threat of military confrontation. A positive example of decentralisation in a neo-patrimonial democracy is seen in the Republic of Kazakhstan, where reforms aimed at changing the contour of the political system, namely constitutional changes affecting, among other things, the powers of the president, were introduced in 2022–2023. The successes in the implementation of constitutional reform in the country are outlined, and the key foundations of successful delegation of powers and separation of powers are highlighted. Using Kazakhstan as an example, the experience of democratisation through the prism of political and socio-economic transformations is examined. The conclusions of the article contain the thesis that depending on the totality of circumstances, peculiarities of political culture, the structure of the power apparatus, etc., the process of decentralisation in neopatrimonial regimes can be both effective and weakly expressed, aimed at strengthening the concentration of power by the ruling elite.

Lukashenka’s Constitutional Plebiscite and the Polarization of Belarusian Society

Aliaksandr Lukashenka pushed through an overhaul of Belarus’s constitution as a response to the protests against the official results of the 2020 presidential election. The goal was to address the desire for change among the population without reacting to the demand for snap elections. With the February 2022 constitutional plebiscite on the most far-ranging changes to Belarus’s constitution since 1994, Lukashenka further entrenched himself in power. The results of our online survey suggest that the constitutional changes do not meet the broad societal demand for political change and, in particular, for constraints on presidential power. Despite the persistence of the political conflict, we also show that Lukashenka’s supporters and opponents are not irreconcilably polarized in every policy domain. Finally, our results suggest that regime supporters have stronger anti-democratic preferences than opposition supporters when it comes to future political participation of the two camps, making the effects of affective polarization highly asymmetrical.

Historical Context of the Establishment And Development of the Labor Inspection on in Bosnia And Herzegovina

In the paper, the authors examine the historical context of the origin and development of labor inspection in Bosnia and Herzegovina. The periodization is divided into four periods: the period before the First World War, the period of the Kingdom of SHS/Yugoslavia, the period of socialist Yugoslavia (FNRJ and SFRJ), and the contemporary period of labor inspection in Bosnia and Herzegovina as an independent state. The first period covers the time of Austro-Hungarian rule, starting from 1907 when the Trade Supervision was established by the Order on Trade Supervision. After that, in the newly formed Kingdom of SHS, the state Labor Inspection was established in 1920, and in 1921, the Regulation on Labor Inspection was adopted, followed by the Law on Labor Inspection in 1922. After the Second World War and the establishment of a new socialist government, inspection supervision over the implementation of hygienic and technical safety measures at work, as well as the application of regulations on labor relations and working conditions, began. This led to the passing of the Law on Labor Inspection in 1946. Changes in the concept of labor inspection occurred due to altered socio-political circumstances, such as the introduction of worker self-management, new communal arrangements, and decentralization of state administration, resulting in the passing of the new federal Labor Inspection Act in 1959. Instead of a special law on labor inspection, the status of labor inspection was regulated by the Basic Law on Occupational Safety in 1965.
 Following constitutional changes and the strengthening of decentralization in the 1970s, the competence to regulate labor inspection issues was transferred from the federal level to the republic level, and in 1984, the Law on Occupational Safety was adopted in SRBiH, which regulated the issue of labor inspection, among other things. This law was replaced by the new Law on Occupational Safety in 1990. In the modern period, after the independence of BiH, the organization of inspection services is usually regulated by special laws on inspections. Currently, the issue of labor inspections is regulated at 14 levels of government. The aforementioned historical review highlights the continuity and specific development of labor inspection throughout the observed time period.

Constitutional Change and the Incorporating People

Constitutional Change and the Incorporating People

Stability of constitutional structures and identity amidst ‘political settlement’: lessons from Kenya and Israel

In 2021, two dramatic judgments were handed down in Kenya’s Court of Appeals (CoA) and the Israeli Supreme Court. In Kenya, the CoA upheld a ruling from the High Court that had found the Constitution Amendment Bill of 2020 – aimed to implement the Building Bridges Initiatives (BBI) – unconstitutional and void, inter alia, for violating the basic structure of the constitution. Politically, this was a blow to the BBI initiative, a key project for President Uhuru Kenyatta and opposition leader Raila Odinga. It is assumed that the real purpose of the initiative, beside ‘reconciliation’, was expansion of executive power by allowing both leaders to form a coalition for the sake of winning the 2022 general elections. About the same time, in Israel, after the March 2020 election did not lead to a clear result that would allow one of the two major competing parties to form a coalition, an agreement to form a unity government of the two was reached. Yet, in light of a deep distrust between the parties, a strong legal anchoring was needed. This led to a major constitutional amendment that transformed the system of government and established a ‘rotating government’ model which created a new position of ‘Alternate Prime Minister’ alongside the serving prime minister. This tailor-made constitutional reform served a political purpose of the two leaders to form a government. In both countries, the sought constitutional change was challenged before courts. Yet, while in Kenya, courts stopped the constitutional transformation, the Israeli court did not intervene. This article reviews both case studies in order to draw broad lessons on how political settlement may overcome constitutional rigidity and abuse the amending process for dismemberment of the constitution, and how courts may function as a veto institution that can be a useful countermeasure against radical change to constitutional structures and identity.

Problems of Legislative Regulation of the Power of the Constitutional Court of the Russian Federation

The article reveals the approach to legislative consolidation of the power of the Constitutional Court adopted in Art. 3 of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ “On the Constitutional Court of the Russian Federation”. Based on the results of a study of the relationship between the name, structure and content of this article, it was concluded that its name and content are not fully consistent with each other. In addition, taking into account the development trends in the practice of the Constitutional Court, a number of problematic elements of its competence that require in-depth study have been identified. These include, in particular, the concept of a normative legal act as an object of judicial constitutional control; types of laws to be reviewed; powers in the sphere of implementation of specific constitutional regulatory control. It is particularly difficult to determine the limits of constitutional-judicial justiciability, which is normatively expressed in the principle that allows the Constitutional Court to resolve only the issues of law. Finally, the issue of the subject of legal regulation of the Rules of the Constitutional Court has not received a consistent legislative solution. It is noted that the development of the powers of the Constitutional Court is significantly influenced by the practice of constitutional justice. On the one hand, certain defects in the normative regulation of the powers of the Constitutional Court can be quite successfully overcome by it by interpreting the Constitution and the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. On the other hand, the application of these powers reveals such directions for their further development that can be fully disclosed and implemented only through legislative or even constitutional changes. Thus, the power of the Constitutional Court -- despite the fact that it has been functioning for three decades – remains a dynamically developing legal structure.

“Stories last a long time after you go”: female solidarity in Emma Donoghue’s The Pull of the Stars and Elaine Feeney’s As You Were

ABSTRACT This article explores Emma Donoghue’s The Pull of the Stars (2020) and Elaine Feeney’s As You Were (2020) within the context of the Celtic Phoenix (2013–the present) particularly in relation to the political discourses of recovery from the Great Recession (2008–2013), recently carried out national referendums, constitutional changes, the reports on the systemic abuse in Magdalene Laundries and The Mother and Baby Homes, and contemporary feminist hashtag activism. Set in hospital wards, both novels depict Irish women’s struggles with their health problems to address a variety of social, cultural, political, legal, and economic impediments they face throughout Ireland’s traumatic history and emphasise shared compassion and care that reinforce the experience of communal beingness and solidarity among them. These hospital wards can be regarded as matrixial borderspaces that transform its inhabitants by means of female bonding. This article argues that both novels challenge the neoliberal discourses of recovery in the Celtic Phoenix period by deploying the discourse of illness to expose violence, injustices and inequality against women and present the female body as a site of collective empowerment, emotional support and empathy.

“Improving People’s Lives”: The Socioeconomic Turn in Party Justifications for Constitutional Change

By performing a manifesto content analysis, this article maps the discourse of secessionist parties on constitutional change cross-case (Belgium, Canada, Spain, and the UK) and over time (1990–2020). The results show that secessionist parties are pragmatic organizations that also advance devolutionist demands as a steppingstone toward full independence. Concerning framing, the results identify an increasing trend toward the articulation of a socioeconomic case for constitutional change. Political issues such as governance are also important. Instead, identity-based frames are much less prominent in their discourse. As strategic actors, secessionists take these decisions to enhance their position in the electoral market.

The Dynamics of Federalism in Pakistan: An Examination of Political: Structures and Challenges

This article delves into the intricate dynamics of federalism in Pakistan, a country with a rich tapestry of ethnic, linguistic, and cultural diversity, which has profoundly influenced its political structures since its inception in 1947. The study traces the evolution of federalism in Pakistan, highlighting how historical events, constitutional developments, and political maneuvers have shaped its current form. A significant focus is placed on the Lahore Resolution of 1940, which set the foundation for Pakistan's federal structure, and the subsequent constitutional changes, especially the 1956 Constitution and the pivotal 18th Amendment. These constitutional milestones have had far-reaching implications on the balance of power between the central government and the provinces. The article examines the complex interplay between Pakistan's diverse ethnic composition and its federal structure. Ethnic and regional disparities have often led to tensions and demands for greater autonomy, notably in regions like Balochistan. Additionally, the centralization of power, particularly the influential role of the military and centralized political parties, has further complicated the federal dynamics. The economic aspect of federalism is also explored, with a focus on the disparities in resource allocation and fiscal management between the federal center and the provinces. These factors collectively exacerbate the challenges facing Pakistan's federalism. The article concludes by addressing the current challenges and future prospects for federalism in Pakistan. It underscores the need for a nuanced understanding of the diverse political, ethnic, and economic landscapes and advocates for inclusive and equitable governance. This study provides valuable insights into the complexities of federalism in Pakistan, offering a comprehensive analysis that is crucial for policymakers, scholars, and those interested in the political evolution of federations in a diverse and dynamic context.

REFLECTIONS ON THE RUSSIAN FEBRUARY REVOLUTION OF 1917. SEVERAL HISTORICAL AND LEGAL REMARKS FROM THE POINT OF VIEW OF 2022-2023

This article is about the changes in the state system during the February Revolution of 1917 in Russia. Article contains an analysis of political system and political competitions at the beginning of the Russian Revolution od 1917. On the background this description the author of the article provides characteristic of constitutional changes of Russia during revolution. In this area the article contains characteristic the idea of The All Russian Constituent Assembly (Vserossiyskoye Uchreditelnoye sobraniye) and other reform proposals conducted by The Russian Provisional Government. The second problem discussed in the article concerns memory of the Russian Revolution of 1917 and political instrumentalization of them in contemporary Russia

‘Westralia shall be free!’: the secession of Western Australia and the state of the British Empire, 1933-1935

ABSTRACT In 1935, a Joint Parliamentary Committee at Westminster reported on ‘The Petition from the State of Western Australia in Relation to Secession’. The culmination of a process triggered by a 1933 referendum, when two-thirds of West Australians voted to secede from the Australian Commonwealth, the Joint Committee famously resolved that Western Australia’s petition was ‘not proper to be received’. Not for the last time in British history, a referendum result promising sweeping constitutional change collided with the practicalities of its implementation. But while Western Australia’s secession movement foundered, it nonetheless sparked a series of debates around London’s obligations to overseas Britons, Britannic identity, and the future of imperial relations. While previous scholarship has for the most part focused on the local and national dimensions of Western Australian secession, this article examines it as a window onto the complex political partnerships that comprised Britain’s interwar empire. It makes the case for the movement’s imperial significance and offers the first substantive investigation of its influence on interwar imperial affairs. It argues that West Australian secession deserves more serious consideration than it has traditionally been awarded, not only as a local and national question, but above all as an imperial issue.

Political Islam and Constitutional Change in Contemporary Indonesia

This article examines how Islam and Indonesia's constitution interact. It shows Islam's complicated relationship with politics. It intends to analyze and investigate how religious beliefs and values influence political discourse and decision-making in various circumstances. It is hoped to shed new light on this critical and often controversial topic and help us comprehend the forces that influence our world by exploring Islam in modern political debates and conversations. Therefore, this article discusses the challenges between religious freedom and democracy in Indonesia. It also presents a detailed and analytical examination of the complicated and multi-faceted question of the future of Islam and constitutionalism in Indonesia, a country with a rich history and diverse culture. The finding of this study shows that political Islam and constitutional ideas affect Indonesia's political and social situation. Then this article seeks to illuminate Indonesia's future difficulties, possibilities, and outcomes through critical study.

The social and health protection of migrants in Chile: qualitative analysis of civil society proposals for constitutional change

BackgroundA sustained period of social, economic, and political unrest took place during October of 2019 in Chile. As an institutional solution, the “Agreement for Social Peace and the New Constitution” was signed. In this document, most political parties committed to reestablishing peace and public order in Chile, agreeing on the initiation of a constitutional process. To promote participation of civil society actors, the “Popular Initiative for Norms” was enabled. This was a platform where civilians could submit proposals for constitutional norms to be discussed by the Constitutional Convention. We aimed to analyze proposals related to migrants and migrant health.MethodsWe conducted a qualitative thematic analysis of the proposals. Sixteen of them were related to migrants, and we analyzed their association to health. We also evaluated their link to the Health Goals 2030 set out by the Chilean Ministry of Health and the Global Action Plan 2019–2023 for Promoting the Health of Refugees and Migrants by the World Health Organization.ResultsFour main thematic categories were identified: 1) Humans rights of migrants, refugees, and asylum seekers; 2) Nationality and regularization of migrants and refugees; 3) Political participation and cultural integration of migrants and refugees; and 4) Specific regulations on slavery and human trafficking. These resonated with broader frameworks established in the Health Goals 2030 (Chile) and the Global Action Plan 2019–2023 for Promoting the Health of Refugees and Migrants by the World Health Organization.ConclusionsThe ‘Popular Initiative for Norms’ was a non-binding participatory mechanism. Although the proposals sent through were not guaranteed to be included in the constitutional draft—and despite the final draft being rejected last September 2022—the platform allowed to gain insights into civilian opinions. Our findings showed that there is an incipient yet weak recognition of the rights and situation of migrants in Chile. There was no direct mention of health nor an explicit contemplation of social determinants of health. Despite there being an urgent need to define strategies for migrants’ health in Chile, this study demonstrated that civil awareness and interest are still insufficient.

The Passage of the Welsh Church Bill under the 1911 Parliament Act and the Impact of War

AbstractIn 1910, David Lloyd George, who was serving as chancellor of the exchequer in the Liberal government, opined that: ‘Wales had been solid for disestablishment for 40 years’ (The Times, 18 Jan. 1910, p.12). According to Lloyd George, this aspiration had been thwarted by the political reality that: ‘if a Bill went up to the House of Lords it would not have the slightest chance of getting through’. At its core, the quest for the disestablishment of the Anglican church in Wales was viewed as an unprecedented constitutional and political change. It threatened to dismember one of the pillars of the English state and thereby sever a church/state relationship which, it was argued, predated parliament itself. This article will address the democratic deficit in Wales where the desire of the electorate had been repeatedly frustrated over decades, and the way disestablishment legislation would eventually be enacted through the provisions of the Parliament Act 1911. The final ignominy was that the delay inherent in the new parliamentary process would jeopardise the disestablishment that it had enabled, and this was evident in the first years of the Great War.

IEEE Vehicular Technology Society Constitution and Bylaws Changes [Society News

IEEE Vehicular Technology Society Constitution and Bylaws Changes [Society News

The Impact of Legislative Reform on Baptisms, Marriages and Burials 1836–52, with particular reference to London

This article considers, with particular reference to London, the impact of legislation during the second quarter of the nineteenth century on the churches’ practice of rites of passage in relation to births, marriages and deaths. It investigates the religious, political and social reasons for legislation relating to these rites which many contemporaries and subsequent historians considered an attack on the Church of England and evidence of advancing secularization. It shows that despite significant constitutional, social and religious changes during these years, religiously motivated politicians, sympathetic to the established church, achieved legislation introducing general registration of births, marriages and deaths, and providing for more satisfactory burial of London's rapidly growing population in the context of a high death rate. While satisfying some grievances of religious Dissenters, this protected the established church's interests, and evidence suggests that a high proportion of London's population continued to access its rites of passage for baptism, marriage and burial.

Legitimacy of Non-Formal Constitutional Reforms and Restrictions on Constitutionalism

Non-formal constitutional change through legislative and judicial interpretation raises issues of legitimacy, and restrictions on non-formal changes can be made. This research aims to determine the legitimacy and explore the limitations of non-formal constitutional changes. This research uses normative legal methods with statutory, conceptual and case approaches. The results show that the legitimacy of non-formal constitutional changes is measured based on procedural legitimacy; that is, non-formal changes must be based on authority, and these changes do not affect the meaning of the Constitution as a whole. It is also measured based on substantial legitimacy; namely, non-formal changes to protect human rights. The limitation on changing the non-formal constitution is based on the main substance, which cannot be changed through non-formal changes such as constitutional structure, human rights, restrictions on authority and restrictions based on the moral constitution of the oath of office to implement and enforce the constitution.