National Legislative Assembly Research Articles

Political developments in Sri Lanka (1945-1948) and the British position on it

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 This study deals with the topic ( Political Developments in Sri Lanka 1945-1948 and the British position on it), During this era, Sri Lanka witnessed important political and constitutional changes that had a major role in achieving national independence, Although it was within the British Commonwealth system, but it got rid of largely from the restrictions of British colonialism. During this era, there was clear cooperation between most of the leaders of the national movement on the one hand, and the British authorities on the other .
 This British-Sri Lankan cooperation has resulted in several results, the most important of which is a gradual progress in the political and constitutional status of Sri Lanka, On the basis of which Sri Lanka was transformed from a colony administered directly by the British Governor-General in Sri Lanka to a country that enjoys a large degree of independence, Its affairs are administered by the Sri Lankan Prime Minister supported by a Legislative National Assembly elected by the Sri Lankan people. This cooperation also led to a major shift in the course of the political process in Sri Lanka. For the first time in the country’s history, political parties with different ideologies and partisan approaches appeared. To organize the masses and work to guide them politically. During this stage, the country witnessed the drafting of the first constitution in the country’s history. The process of drafting and approving it went through several stages until it took its final form in 1946. This stage also marked the emergence of the first national legislative assembly elected by the Sri Lankan people. And in which the right to participate is granted to both men and women, and Sri Lanka may be the first British colony in Asia to hold elections of this kind.

Domesticating Treaties in the Legal System of South Sudan – A Monist or Dualist Approach?

This article examines the approach for the domestication of treaties in South Sudan. Such examination is undergone in light of the theories for the domestication of international law norms into the domestic legal systems of state members of the international community. The article establishes that the approach in South Sudan is not clearly indicated, and seems to be inconsistent with regard to the practice of various institutions linked to the domestication of treaties process in South Sudan. However, the article expands on two foundations: the status quo and the ‘ought to be’ approach. The article argues that the approach as it exists seems to be a monist rather than a dualist approach. This is evident from the indicators of South Sudan's constitutional, legislative and judicial settings such as the text of the Transitional Constitution of South Sudan 2011, the treaty ratification process, the practices of the National Legislative Assembly in respect of international conventions and a judicial circular issued by the Supreme Court of South Sudan. Furthermore, the article advances that the ‘as ought to exist’ approach needs to be a clearly mixed approach, partly monist and partly dualist. Such approach combines the advantages associated with each approach in one place. The article recommends that there is a need to have a well informed, well established and clear status in respect of the domestication approach guided by the various arrangements and settings highlighted above. It may also take account of the various states’ attitudes towards international law and the legal school of thought which forms the basis of South Sudan legal system. Such recommendation could be materialised via an act of parliament, a regulation or a practice manual.

How to Apply Technology in STEM Education Lesson By Project Based Learning

STEM Education has been playing a part in Thailand for quite some time. STEM teaching and learning is originated from the US. Later, many countries have applied it to their own education systems. Since the arrival of STEM Education, ministry of education, under the supervision of teaching science and technology by Institute for the Promotion of Teaching Science and Technology, has used this teaching model. National Legislative Assembly of Thailand has also proposed STEM policy in order to gain tangible results. Until now, there is still no clarity and there are confusions with the organization of STEM teaching and learning. This article aims to propose the idea of the application technology in project-based STEM Lesson. The content of this article contains concept of STEM, meaning of STEM, policy and principle of STEM, STEM teaching and learning condition, and case study of applying technology with project-based Learning in STEM lesson idea.

How to Apply Technology in STEM Education Activities

STEM has been playing a part in Thailand for quite some time. STEM teaching and learning is originated from the US. Later, many countries have applied it to their own education systems. Since the arrival of STEM, ministry of education, under the supervision of teaching science and technology by Institute for the Promotion of Teaching Science and Technology, has used this teaching model. National Legislative Assembly of Thailand has also proposed STEM policy in order to gain tangible results. Until now, there is still no clarity and there are confusions with the organization of STEM teaching and learning.This article aims to propose the idea of the application technology in project-based STEM Activities. The content of this article contains concept of STEM, meaning of STEM, policy and principle of STEM for development of the nation, environment of STEM teaching and learning, and case study of applying technology with project-based STEM activities.

Thailand’s Public Secret: Military Wealth and the State

ABSTRACT After the military coup of 2014, 143 serving and retired generals of the Royal Armed Thai Forces submitted asset declarations to the National Anti-Corruption Commission on being appointed to the military junta’s National Legislative Assembly. By analysing these declarations, this article demonstrates that a cohort of wealthy generals has emerged, which leads to the article’s central concern: how is it that despite the political reform project of the 1990s, military leaders were able to evade scrutiny and become wealthy? It is argued that behind the lack of scrutiny of the military’s wealth accumulation was a structure of fear that severely undermined the capacity to enforce regulations and which enabled the military to evade the constitutional forms of scrutiny elaborated in the 1997 Constitution. That structure of fear emerged in a context of an elusive political settlement when the apparatuses of the state were occupied by competing regime framers, leading to a re-assertion of military power.

Sexual harassment of women politicians in Japan

In 2016 in Japan, three women were appointed to politically powerful and historically significant positions. Koike Yuriko became the first female governor of Tokyo, Renho Murata became the leader of the opposition party, the Democratic Party, and Inada Tomomi became only the second woman to lead the Ministry of Defence. Despite these gains, the Japanese political world can be a hostile place for women. Japan’s national legislative assembly has the lowest representation of women among OECD countries, and harassment of women in politics is common. Situating Japan’s experience within the emergent violence against women in politics (VAWP) literature, I draw on a 2014 survey of women politicians about their experiences of sexual harassment and from interviews with individual women politicians to examine the extent and nature of sexual harassment in Japanese politics. This is a ‘hidden’ problem due to ineffective legislation and a lack of awareness of what constitutes sexual harassment, even among politicians. I argue that the first step in combating sexual harassment of women in politics in Japan is to make it visible.

Protection for Children Born Through Assisted Reproductive Technologies Act, B.E. 2558: The Changing Profile of Surrogacy in Thailand.

The National Legislative Assembly of Thailand has enacted on February 19, 2015 the Protection for Children Born through Assisted Reproductive Technologies Act (ART Act). Its primary objective aims at protecting children born through assisted reproductive technologies and providing the legal procedures that the intended parents must follow. The focus of this article is to discuss the ongoing issues involving assisted reproduction in Thailand. After reviewing the past legal framework surrounding surrogate motherhood and the downsides of the assisted reproductive technology market in Thailand, the article will discuss the new ART Act and its regulatory framework. It will conclude that although the new law contains some flaws and limitations, it has so far been successful in tackling surrogacy trafficking and preventing reproductive scandals from occurring again.

Political Regime Dynamics and Social Security Reform: A Case Study of the Social Security Act Amendments during the Periods of Yingluck and Prayuth

According to previous studies on social security policy in Thailand, a causal link between elected governments and developments in social security has been observed in the direction that the initiation and implementation of social security policy (and perhaps all other social welfare policies) occurred more frequently and more successfully when this country was ruled by an elected government. However, this observation appears problematic when brought to bear on the most recent cases of social security reforms that have occurred, especially during the period under Yingluck Shinawatra government when the attempt to amend the 1990 Social Security Act proposed by the organized labor and 14,264 public petitioners was rejected by the directly-elected House of Representatives; and the period under Prayuth Chan-ocha government when the Social Security Act Amendments of 2015, which included many requests from organized labor mentioned in the rejected bill, was passed by the appointed National Legislative Assembly. Relying on a strategic-relational approach, this paper claims that the changes and continuities in the social security policy in each particular period did not occurred as simply a result of the different types of political regime but was part of a broader effort to deal with the tensions and conflicts between and within different sections of the bourgeoisie, political parties, state agencies, and working class over policy problems, solutions, and directions that have emerged as a result of Thailand’s capitalist transition during the past decade.

Discrepancies between Civil Law and Common Law Federations

Over the last decade, missions of the UN have assisted with constitutional reforms including issues of federalism. The hopes for peace with regard to federal structures have often failed. This paper elaborates possible reasons why these hopes were disappointed. It will show that one should understand the differences between Common Law and continental systems with regard to federalism. Some experts from Common Law countries fail to appreciate the substantial difference between federal Constitutions embedded in a Civil Law culture and those embedded in a Common Law culture. The reasons for the success or failure of past, present and future federal reforms may help to improve UN activities in this field. States of the Common Law tradition are not collective units, which have to steer their society. The Jacobins of the French Revolution, considered the State as their instrument to transform feudal society into a society of equal individuals. The Civil Law tradition has its roots in the French Revolution and in the sovereignty of the national legislative assembly as the only legitimate lawmaker of the State. The unity of the law does not depend on decisions of courts but only on the legislature. Constitutions of Civil Law federations need to enable the specified governmental branches of the federation to impose sanctions against federal units that fail to comply with federal laws. According to the perspective of the Civil Law one has to deal with two ‘States’ claiming sovereignty in a hierarchy, while from the perspective of the Common Law one has to deal with mere ‘governments.’ Constitutions of multicultural federations embedded within the Civil Law culture will have to empower not just the federation but also the federal units to develop the different cultural identities. To foster different cultures is however, not a major function of the State of the Common Law tradition. Federalism of the Civil Law tradition is more complex than according to the Common Law tradition. Important differences between federations of a Common Law and Civil Law tradition lies in the lawmaking power of the courts. In Common Law, courts and legislature share the task of lawmaking; in Civil Law countries, the legislature regulates all issues of civil and criminal law. In a Civil Law country, legislatures, executives and courts cannot function if there is no valid local Constitution empowering those branches of the federal units. Thus, the federal Constitution of a civil law country has to establish the powers of the governmental branches of the federal units. Within federal system of the Civil Law, the federal units administer, implement and execute the laws of the federation. Constitutions of Civil Law federations need special provisions for the power of the federation to control and implement federal laws in the federal units. The civil law judiciary has no contempt of court against the administration and against authorities of federal units.

Constructing the Rights of Nature: Constitutional Reform, Mobilization, and Environmental Protection in Ecuador

In 2008, Ecuador became the first country to grant legal rights to nature. In this article, I examine how this happened. I show that while proponents of nature's rights acted during a key political moment, their efforts were successful due to the presence of environmentalist social movements that elevated the environmental agenda at the national level during prior decades, and due to the power of indigenous organizations and their call to recognize Ecuador as a “plurinational” polity, demanding respect for indigenous territories and ways of life and incorporating politicized versions of indigenous beliefs about the environment. The study considers the consequences of mobilization for legal innovation and institutional change, and shows the complexity of struggles over the environment in the global South. It is based on research at the Ecuadorian National Legislative Assembly archive, semistructured interviews with respondents involved in the politics of nature and the constitutional assembly, and secondary historical sources.

O desempenho das mulheres nas eleições legislativas de 2010 no Rio Grande do Sul

Este artigo objetiva contribuir para o avanço no entendimento do precário desempenho das mulheres nas eleições legislativas no Brasil, a partir do estudo da sua performance na disputa por cargos na deputação estadual e federal no estado do Rio Grande do Sul em 2010. O artigo está divido em duas partes: na primeira apresentaremos uma visão geral das candidaturas femininas no Brasil; na segunda, analisaremos em detalhes o desempenho das candidatas do Rio Grande do Sul à Assembleia Legislativa e à Câmara dos Deputados. Nas conclusões foi constatado um aumento no número de candidaturas femininas. Entretanto, a maior oferta de candidatas não se transformou em mais mulheres eleitas. Aquelas que se elegem possuem uma trajetória política bastante tradicional, nos mesmos moldes do que acontece nos países de democracias maduras.

The Legal Framework of the GNU and the Doctrine of the Separation of Powers: Implications for Kenya’s National Legislative Assembly

The Legal Framework of the GNU and the Doctrine of the Separation of Powers: Implications for Kenya’s National Legislative Assembly

The political determinants of central governments' economic policies in India: an empirical investigation

Using annual data from India, we investigate whether central governments' economic policies are affected by two political considerations—the proximity of an election to the national legislative assembly, and the nature of the central government (single-party versus coalition). We find that economic policies are responsive to election timing. On the other hand, economic policies are largely insensitive to government type. Copyright © 2005 John Wiley & Sons, Ltd.

The Hinges of History: State-Making and Revolt in Early Modern France

The formation of early modern states-combining increases in taxation, warfare, and administrative centralization-was often violently opposed by subjects. A game theoretic model of strategic interactions between rulers and subjects is developed to more fully specify the relationship between state-making and revolt in France between 1515 and 1789. Quantitative analyses of revolts throughout France are combined with a brief case study of revolts in Guyenne (the most quarrelsome French province) to test propositions derived from the model. Offensive war (but not war in general) and administrative centralization increased the likelihood of revolt, while the presence of the Estates General (the national legislative assembly) decreased it. The effect of taxation on revolt depended on the historical context-high taxes and offensive wars tended to incite revolts prior to the Fronde (a cluster of revolts in 1648-1653), but had no effect afterwards. It is argued that the outcomes of significant revolts, like the Fronde, often serve as important turning points in the history of state-making. Potentially similar events in medieval England and early modern Spain are also discussed.

The Hinges of History: State-Making and Revolt in Early Modern France

The formation of early modem states—combining increases in taxation, warfare, and administrative centralization—was often violently opposed by subjects. A game theoretic model of strategic interactions between rulers and subjects is developed to more fully specify the relationship between state-making and revolt in France between 1515 and 1789. Quantitative analyses of revolts throughout France are combined with a brief case study of revolts in Guyenne (the most quarrelsome French province) to test propositions derived from the model. Offensive war (but not war in general) and administrative centralization increased the likelihood of revolt, while the presence of the Estates General (the national legislative assembly) decreased it. The effect of taxation on revolt depended on the historical context—high taxes and offensive wars tended to incite revolts prior to the Fronde (a cluster of revolts in 1648–1653), but had no effect afterwards. It is argued that the outcomes of significant revolts, like the Fronde, often serve as important turning points in the history of state-making. Potentially similar events in medieval England and early modern Spain are also discussed.

Suppressed in Taiwan

Lu Hsui-lien, thirty six, holds advanced law degrees from the University of Illinois and Harvard. She not only practiced law but was also, until recently, a writer and editor, a dedicated campaigner for human rights in general and women's rights in particular, and a candidate for the Yuan,'Taiwan's national legislative assembly. Lu now spends her days in a cramped and musty cell, her spirit broken by sixty days of grueling interro gation during which not even her family knew of her whereabouts. Threatened with the murder of family and friends as well as her own execution, she ultimately signed a prefabricated confession of sedition.The threat to murder members of her family was not one that Lu could afford to dismiss lightly. One of her co-defendants, Lin Yi hsuing, thirty nine, a provincial assemblyman who had studied law at Berkeley, had lost his mother and his seven-year-old twin daughters, all three stabbed to death by a nameless nighttime intruder while his interrogation was under way. When Lin continued uncooperative, his interrogators reminded him that he had still another daughter and a wife.

The Mandate System and Representation to the Estates General under the Old Regime

FRENCH constitutional experience under the Old Regime furnishes an interesting case study in the failure of a parliamentary institution to mature after it had apparently taken root. The estates general, despite a long and eventful career, ultimately succumbed when formidable obstacles seemed to prevent their transformation from an assembly of humble, class-minded, provincial petitioners to a national, sovereign, legislative body. The institution abolished itself by the resolution of June I7, I789.' Reasons for the inadequacy of the estates general as a national legislative assembly were numerous. Evidence seems to indicate that not the least important of these reasons was the apparent inability of the deputies to assume the status and powers necessary to becoming effective representatives of the French nation. It was the mandate principle, in particular the mantdat irmp&ralif, through which this particular shortcoming of the estates general most clearly expressed itself. Although representative government has frequently appeared in the past on municipal and provincial levels, its growth and significance in recent times have, for the most part, coincided with that of national government. As the feudal monarchy was gradually displaced by the national state system, deputies to the various medieval assemblies were required to become more than parochial delegates in order to adapt themselves to the changing pattern of political and social life. It was necessary for them to become representatives of the nation as a whole with power to decide issues in a manner that would be binding upon all constituents. This change occurred in England quite casually.2 By the eighteenth century William Blackstone was able to write: Every member [of parliament], though chosen by one particular district, when elected and returned, serves for the whole

Health Conditions in Guatemala

IN a recent message to the National Legislative Assembly, General Jorge Ubico, the president of Guatemala, gives the following details concerning health conditions in that country during 1939. 324,031 treatments were given to 67,371 malaria patients, 85,407 persons were treated for intestinal parasites, 2,486 dysentery cases received 13,123 treatments, 4,073 onchocerciasis patients were treated, 64,640 treatments for venereal disease were administered and 250 women were given 7,725 examinations. There were mild epidemics of whooping cough, diphtheria, measles and typhoid fever. The country has seventeen departmental hospitals, which cared for 48,815 persons.