Constitutional Reform Research Articles

The right to care: a proposal from feminist perspectives for a constitutional reform in Spain

The COVID-19 crisis has demonstrated the extreme vulnerability of the human being and the importance of care within the framework of a social state. This crisis has also brought pre-existing inequalities to light, showing that it is mainly women who continue to take up the tasks of care as they have always done. Indeed, care work has always been carried out by women and this dedication has contributed to diminishing the exercise of other rights, so it is essential to take on the tasks of care by the family and the State in a co-responsible manner. This problem has been taken into consideration by the studies on constitutional reform in Spain in order to prepare a text that includes the right to care, and the rights of caregivers as well. The purpose of this work is to highlight this need and to make proposals to improve the Spanish constitutional framework.

Президентская форма правления Республики Казахстан в условиях конституционных реформ

The article elucidates the evolution of the form of government in Kazakhstan from a parliamentary republic through a presidential republic, a semi-presidential republic with a strengthened Supreme Council to a presidential form of government established by the Constitution of 1995 and is still in force. It was modernized in the context of the constitutional reforms carried out. Significant changes to the status of the President and other higher state bodies were made in accordance with the decision of the republican referendum in 2022.

Firm financial performance in the wake of political turmoil; whether political connection is propitious?

PurposeThis study aims to investigate the effect of political turmoil on the firm financial performance, particularly in presence of politically affiliated board of directors.Design/methodology/approachThe study applied panel regression analyses on a data set of Pakistan’s listed companies ranged over 14 years, spanning from 2007 to 2021. Political turmoil was first gauged through three determinants, i.e. political protest, government election and constitutional reform, and thereafter, economic uncertainty index was used as a proxy for political turmoil. For the purpose of political connection, the study used political affiliation of the board of directors.FindingsThe study finds that political turmoil has deleterious effect on the return on assets and Tobin’s Q. The study further unveils that politically affiliated firms are relatively insulated from the volatility posed by the political uncertainty and exhibit significantly better financial outcomes.Practical implicationsFindings of the study suggest that appropriate composition of the board is imperative in offsetting the risk posed by the political turmoil. Hence, the results are useful for investors, policymakers and regulators to ensure financial soundness of firms in the wake of political turmoil.Originality/valueTo the best of the authors’ knowledge, this is the first study that investigates the moderating impact of political connection on the performance of companies in presence of political turmoil.

КОНСТИТУЦИОННАЯ КУЛЬТУРА РОССИЯН НА ЭТАПЕ ПЕРЕХОДА ОТ ЛИБЕРАЛИЗАЦИИ КОНСТИТУЦИОННО-ПРАВОВОГО ПРОСТРАНСТВА К ЗАЩИТЕ ТРАДИЦИОННЫХ ЦЕННОСТЕЙ

The purpose of the study is to analyze the state of modern constitutional culture in the era of changing political and ideological guidelines, the transition from a liberal-universal model of constitutional development to a nationally oriented one.The objectives of the study are the following: to determine the main characteristics of the state of constitutional culture in the era of excessive enthusiasm for universal liberal values at the end of the last century; analyze the main trends in the processes of constitutional and legal reform in the light of the ideas of protecting constitutional identity, ensuring constitutional sovereignty and protecting traditional values; consider the impact of the constitutional reform of 2020 on the qualitative change in the constitutional culture of Russians, its significance for determining the future paths of constitutional and legal development of Russia, and identify the positive and most controversial aspects of the reform. The work used general scientific, special scientific and special research methods. Based on the results of the study, the author concludes that today a steady trend has formed towards reforming the constitutional and legal space - the ideas of liberal universalization are opposed to the ideas of constitutional identity and the protection of traditional values. At one time, the new Russian Constitution was designed to take into account all the shortcomings of decades of socialist construction and act not as a document of a political-declaratory nature, but as a basis for the creation of a state and society of a fundamentally new type. According to the author, excessive passion for borrowed values of a universal nature has had the most negative impact on the state of the constitutional culture of Russians. However, even today it is obvious that a well-developed theoretical structure that would relatively accurately and legally definitely outline the main directions of further constitutional development, in line with the development of the idea of protecting traditional values, does not exist today, which is especially noticeable in the example of documents of a programmatic and political nature . The constitutional reform of 2020, according to the author, reflected new trends and approaches to the idea of ensuring constitutional identity and symbolized significant changes in constitutional culture, including at the level of ordinary consciousness of ordinary Russians who were directly involved in the process of constitutional reform. However, the author concludes that the constitutional reform is incomplete, which generally characterizes the state of domestic constitutional culture.

Constitutional reforms – will of the electorate and requirement of new era

Constitutional reforms – will of the electorate and requirement of new era

Constitutional Reform and Brexit

Constitutional Reform and Brexit

Constitutional Reform in Australia and the Struggle for Indigenous Sovereignty

Constitutional Reform in Australia and the Struggle for Indigenous Sovereignty

Afghanistan: Review of Constitutional Reform 2021

Afghanistan: Review of Constitutional Reform 2021

The Statutory Interpretation of Renewable Energy Based on Syllogism of British Government Constitutional Forms towards Sustainable Development Goals

The current production for energy consumption generates harmful impacts of carbon dioxide to the environment causing instability to sustainable development goals. The constitutional reforms of British Government serve to be an important means of resolving any encountered incompatibilities to political environment. This study aims to evaluate green economy using developed equation for renewable energy towards political polarization of corporate governance. The Kano Model Assessment is used to measure the equivalency of 1970 Patents Act to UK Intellectual Property tabulating the criteria for the fulfillment of sustainable development goals in respect to the environment, artificial intelligence, and dynamic dichotomy of administrative agencies and presidential restriction, as statutory interpretation development to renewable energy. The constitutional forms of British government satisfy the sustainable development goals needed to fight climate change, advocate healthy ecosystem, promote leadership of magnates, and delegate responsibilities towards green economy. The presidential partisanship must be observed to delineate parties of concerns and execute the government prescriptions in equivalence to the dichotomous relationship of technology and the environment in fulfilling the rights and privileges of all citizens. Hence, the political elites can execute corporate governance towards sustainable development of renewable energy promoting environmental parks and zero emission target of carbon dioxide discharges. The economic theory developed in statutory interpretation for renewable energy serves as a tool to reduce detrimental impacts of carbon dioxide to the environment, mitigate climate change, and produce artefacts of bioenergy and artificial intelligence promoting sustainable development. It is suggested to explore other vulnerabilities of artificial intelligence to prosper economic success.

Социальная солидарность в документах стратегического планирования

The article analyzes the role of the concept of social solidarity in strategic planning documents at the federal level. The author prepared the article by combining general scientific methods and special private law methods. It applies political and legal analysis for the operationalization of axiological assessments. It concludes that the current strategic planning documents correspond to the main vectors of development of the Russian state, set during the constitutional reform of 2020. The concept of solidarity closely relates to the concept of civic consciousness and its constituent ideologies. The author formulates the issues that require resolution at the legislative level in order to increase the level of solidarity in Russian society.

The 2023 International Review of Constitutional Reform

The 2023 International Review of Constitutional Reform

Promoting economic growth of local communities through the development of small business enterprises

The current stage of national state formation is characterized by democratization and improvement of the national legal system. In such conditions, special attention is paid to the formation of the legal base of Uzbekistan, taking into account the experience of the world communities. The main vector of the constitutional reform started in Uzbekistan is to ensure the decentralization of national power, which today serves as the main tool for changing social relations and is characterized by the maximum approach of power, management tools and service to every citizen. The global business arena provides great opportunities for healthy competition, new goods and services, and activities aimed at stimulating entrepreneurial initiative. Small business only needs to overcome the technological backwardness, increase the competitiveness of local products, and finally get out of the monopolized, unprofitable economy and oligarchy that everyone is familiar with.

SOME ISSUES RELATED TO THE CONCEPT AND ESSENCE OF THE "FUNDAMENTALS OF THE CONSTITUTIONAL ORDER"

The article entitled "Some issues related to the concept and essence of the fundamentals of the constitutional order" is devoted to the disclosure of the essence of the concept of "constitutional system", and in this context, to the study of the "Fundamentals of the constitutional order" of the Basic Law of the Republic of Armenia. In the context of constitutional reforms in the Republic of Armenia, the content and essence of the articles of the chapter "Fundamentals of the constitutional order" of the Constitution of the Republic of Armenia were also studied in detail and presented.

Армения: отказ от триединства нации и поиск новых ориентиров

The formula of the trinity of the Armenian nation was declared in September 1999 at the first All-Armenian Congress “Armenia–Diaspora”. Subsequently, the leaders of Armenia constantly emphasized their commitment to the trinity of Armenia – Artsakh – Diaspora, and a fair solution to the Armenian issue (Armenia within the “Wilson borders” or more extensive). After the defeat in the Second Karabakh War, the Armenian government abandoned the formula of the trinity of the nation. N.Pashinyan declared his commitment exclusively to the state interests of the Republic of Armenia within the borders of the former Armenian SSR. The Armenian opposition, the church and the Diaspora assessed N.Pashinyan’s policy as a national betrayal and remained committed to the trinity of the nation. The inability of the opposition to develop a new pan-Armenian strategy and remove N.Pashinyan from power is explained both by its fragmentation and by the disoriented and apathetic state of society. The constitutional reform planned by N.Pashinyan will make it possible to legislate the Armenian state’s refusal of the trinity formula and the principles contained in the Declaration of Independence and the Constitution of Armenia.

Российский конституционализм 30 лет спустя

Introduction. The actualization of the processes of improving constitutional prescriptions in modern Russia necessitates the search for the theoretical foundations of constitutional reforms. The reason for writing the article was the anniversary date – the 30th anniversary of the adoption of the Constitution of the Russian Federation. Any anniversary is always an occasion to reflect, analyze, return to the times when everything began. As the purpose of the analysis of the evolution of Russian constitutionalism, it is possible to define a rethinking of approaches to models, methods and tools for changing the legal reality. Materials and Methods. The transformation of the constitutional model of the state as a subject of scientific research in this work is based on the analysis of the transformations of the Constitution over three decades, the study of domestic experience in the legal regulation of public relations, the interpretation of constitutional provisions and institutions. Analysis. The Constitution of the Russian Federation defines the structure and principles of the organization of public power, the rights and obligations of citizens and much more. However, despite its importance, the Constitution of the Russian Federation, as well as the basic laws of other countries, does not always correspond to the realities of life and needs constant updating and improvement. Results. The article is devoted to the study of constitutional transformations in the aspect of retrospective and comparative legal analysis of some constitutional and legal institutions – federalism, public power, special attention is paid to the evolution of constitutional guarantees of the realization of human rights and freedoms.

New Jury Trial Expansion and Structural Constitutional Reform

New Jury Trial Expansion and Structural Constitutional Reform

The need for reform of the Australian Constitution

The Australian Constitution constitutes the ‘invisible architecture’ of government in Australia. Its provisions govern the structure, functions, and powers of the three arms of government (the legislature, executive and judiciary), as well as the interaction between the States and Territories and the Commonwealth. However, to reform our Constitution required a very convoluted procedure. Only eight of the forty-four referendum proposals that have been put to the Australian public since 1901 have been successful. In this paper we briefly canvass some examples of prominent constitutional debates including Indigenous rights, currently underway in Australian society and compares the methods of change in similar nations such as India, Canada, and the USA.

Multilevel constitutional reform and its dilemmas: Brazil’s 3rd Pension Reform case (2019)

The article explores the different political and legal dilemmas faced by transposition from federal to regional or local legislation, in federal states. In this context, it is argued that federal and supranational legislation are examples of the same phenomenon (multilevel legislation) but have sensitive and remarkable differences in terms of dynamics and political distribution costs. The case analyzed is the Brazilian 3rd Pension Reform, which is considered a representative of the problem as it is a constitutional reform that needs to be transposed to regional and local legislation but often fails to do so.

CONSTITUTIONAL AND LEGAL CONSOLIDATION OF NATIONAL OBJECTIVES AND PRIORITIES IN THE SOCIAL POLICY OF THE RUSSIAN FEDERATION

The purpose of the study is to identify the interdependency between the constitutional reform and changes in social institutions and to propose directions for the development of new constitutional provisions in the legislation of the Russian Federation. Materials and methods. The methodological instrumentarium is chosen taking into account the specific goals of the work. The dialectical-materialistic method of cognition made it possible to study the subject in development, in interrelation of all its individual manifestations and in interaction with related phenomena, to substantiate the advantages and disadvantages of various approaches to solving this issue. The methods of formal logic: description, comparison, analysis and synthesis made it possible to reveal and characterize in detail the legal, moral, ethical and other aspects of constitutional and legal transformations. The use of specific scientific methods of cognition: comparative legal, formal legal, statistical, structural and functional – made it possible to explore the problem under consideration in interrelations and interdependence, to identify certain trends, to make generalizations and conclusions. Study results. The relevance of the research topic is determined by the need to legally consolidate traditional Russian values and worldview guidelines, to preserve and pass the Russian civilizational code for future generations in conditions of a changing world order and defending the idea of a multipolar world. The Constitution of the Russian Federation, as amended in 2020, became the result of transformations in social institutions and the program for the development of the Russian society and the state for the future. The constitutional doctrine is evaluated in retrospect, the prerequisites for the 2020 constitutional reform are assessed, and its first results are analyzed. New constitutional and legal norms and their development in the legislation of the Russian Federation are analyzed, comparative legal characteristics of individual constitutional and legal novelties are given, and their importance in the system of constitutional and legal regulation of public relations is substantiated. Conclusions. The author comes to the conclusion about the public demand for the constitutional consolidation of institutional changes that have taken place and consolidated in the Russian society in the last three decades of constitutional development.

Three Philosophical Pillars of the 2022 Armenian Constitutional Revision: Empowerment of Public Discourse, Theory of Justice, and Environmental Ethics

The first chapter of this article presents the consequences of the 2015 constitutional change and the specifics of their implementation before and after the 2018 Velvet Revolution. The second chapter makes substantive considerations on the constitutional reforms launched in 2022 through the prism of the rule of law and the improvement of public discourse. It addresses the procedural democracy developed by modern political philosophy and focuses on legal mechanisms in an attempt to improve the political discourse promoted by Jurgen Habermas. It also discusses the theory of Justice developed by John Rawls and provides reflections on Environmental Ethics stemming from the philosophy of responsibility of Hans Jonas.