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61. The Round Table in 1989 – Consequences and Evaluation

Author:
Wojciech Polak and Sylwia Galij-Skarbinska
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The agreement of the round table signed on April 5, 1989, resulted in the creation of the government of Tadeusz Mazowiecki (September 12, 1989) and the end of communist rule in Poland. However, it should be pointed out that the agreement of the round table is currently often criticized. It is claimed, among other things, that the agreement was a form of “unification of the elite” (the term Jack Kuroń) to obtain financial and political benefits. As a result, the mixed communist-solidarity elite has taken over power in the country, guided solely by their own interests. It is also stressed that the contract has enabled the Communists to retain enormous influence in the special services, state administration, various institutions, the economy, and finance. On the other hand, these irregularities have been attributed to the solidarity elites who consider the round table agreements to be persistent. Other parts of the solidarity elite treated the round table exclusively as tactical action to take power away from the Communists.
Topic:
Diplomacy, Governance, Elections, Democracy, and Constitution
Political Geography:
Europe and Poland

62. Dispute over the Powers of the President of the Czech Republic

Author:
Marcin Czyżniewski
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
This article aims to analyze disputes and discussions on the powers of the President of the Republic, which have been happening since the establishment of the Czech Republic in 1993. These occurred when the President tried to interpret the provisions of the Constitution, took actions beyond their framework, or considered that his powers did not impose an obligation to act automatically. The disputes over the President’s powers were, therefore, not the result of theoretical discussions on the constitutional order of the Czech Republic, but were the result of the President’s involvement in the political life of the country, and above all, the decisions that did not correspond to the opinions and actions of the government. Disputes did not have an impact on a permanent change in the constitutional order. For example, there was no reason for an amendment to the Constitution that would extend, restrict, or clarify those powers.
Topic:
Politics, Governance, Constitution, Leadership, and Executive Power
Political Geography:
Europe and Czech Republic

63. A Critical Analysis of Fundamental Rights Under the Constitution of Pakistan, 1973

Author:
Naveed Ahmed
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
In general sense the right is considered that source by using that a person is being entitled for all obligation intended to other persons as per the approved limitation of law. The legal right after its recognition takes power for its enforceability from the Constitution. Therefore, in order to alter a legal right, it needs amendments in the Constitution by legislature. The philosophy of human rights is as old as the establishment of mankind. The right to life is considered as the most important and basic human right and is the foundation of all other rights guaranteed by the Constitution. However, where there is right there is always some obligation to enjoy that right. The right of equality demands that all the people have same rights and self-respect as they are born as free and entitle for equal protection as per the Constitution without any discrimination. Generally, human rights are deliberated as a matter of right other than special favor and privilege and must be accepted with full regard not being constrained to the territorial limitations. Therefore, the focus of this study is to critically analyze the most important fundamental rights and how seriously the judiciary of Pakistan perceives these rights in the context of Constitution of Pakistan, 1973. The study may provide an opportunity to build a bridge between the judiciary and the executive for the proper implementation of fundamental rights in Pakistan.
Topic:
Human Rights, Constitution, and Judiciary
Political Geography:
Pakistan and South Asia

64. Identity Crisis and Rights in Trouble: Transgenders in Islamic Republic of Pakistan

Author:
Muhammad Mumtaz Ali Khan
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Transgenders have been facing grim situations since ages and in Pakistan since its inception. They have been murdered, raped, sexually abused, physically victimized, and discriminated in all fields of life. In wake of their grievances Supreme Court of Pakistan has laid down a milestone whereby they are recognised as subduct of human rights and allowed them to be a part of mainstream of society. However, at institutional level in Pakistan, whether it relates to education, health, or any other domain, it needs severe scrutiny for the implementation of the rights given to transgenders. Moreover, society as a whole, needs a big transition and drastic change of behaviours to be receptive and inclusive, so that the complexes faced by the transgenders through centuries be redressed and cured.
Topic:
Human Rights, Constitution, Transgender, and Gender Minorities
Political Geography:
Pakistan and South Asia

66. UK Constitutional Reform: What Has Worked and What Hasn’t?

Publication Date:
04-2021
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
The past two decades have seen some of the most far-reaching changes to the UK constitution since universal suffrage. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it has often been to argue that further reform is necessary. This online conference adopts a different approach. It aims to provide a critical evaluation of recent constitutional reforms. Bringing together leading constitutional experts and politicians from the United Kingdom and around the world, the conference will examine the following questions: Did the reforms deliver what their proponents claimed they would? Have the reforms generally improved governance, or added further complication? Have the reforms helped to unite the kingdom or driven further division? Have reforms enhanced or obscured accountability? The programme consists of 8 panels spread over two half days, complemented by a keynote address from a senior figure in the UK government. See the outline below and containing more information about panels.
Topic:
Governance, Reform, Constitution, and Domestic Politics
Political Geography:
United Kingdom and Europe

67. Proportionality and Karlsruhe’s Ultra Vires Verdict: Ways Out of Constitutional Pluralism?

Author:
Martin Höpner
Publication Date:
01-2021
Content Type:
Working Paper
Institution:
Max Planck Sciences Po Center on Coping with Instability in Market Societies (MaxPo)
Abstract:
In May 2020, for the first time in its history, the Federal Constitutional Court (FCC) of Germany declared Union acts as being ultra vires. According to the FCC, the European Central Bank (ECB) and the Court of Justice of the European Union (CJEU) had acted beyond their mandates because they did not apply strong proportionality standards to the ECB’s Public Sector Purchase Programme (PSPP). The resulting stalemate within constitutional pluralism has revived the discussion about the possible introduction of an Appeal Court with the “final say” over constitutional conflict. As the analysis of the PSPP conflict shows, such a judicial authority would reach its limits the more we move from the surface to the core of the struggles between European and national constitutional law. The different readings of proportionality are difficult to bridge, and the mutually exclusive claims about the nature of the supremacy of European law are not accessible to compromise at all. We should therefore not expect too much from an Appeal Court, if it were introduced.
Topic:
Law, European Union, Constitution, Conflict, European Monetary Union, Court of Justice of the EU (CJEU), and Proportionality
Political Geography:
Europe

68. Why Is Algeria Considering Changing its Military Doctrine?

Author:
Abdelkrim Dekhakhena
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Military and Strategic Studies
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
Based on provisions of the new constitution draft released by the Algerian presidency, it will be possible for the Algerian army to act outside the country’s borders. Algeria has been under great pressure in recent years to involve its army in security and military tasks abroad, especially anti-terrorism missions in the region. Consequently, Algeria has found itself marginalized because of its refusal to let its army deploy outside its territorial borders in conformity with its non-interventionist policy. The Algerian political class and security experts are divided over this issue. The question is what prompted the thinking of changing the doctrine of the Algerian army? Why has it been expressly provided for in the new constitution? Is this the end of Algeria’s sacrosanct principle of military non-interference? Algeria appears to be trying, within a new regional landscape characterized by threats at the border, to relocate by deviating from its well-established principle of non-interference and preparing to become a relevant actor in managing multiple crises in the neighbourhood.
Topic:
Security, Constitution, Foreign Interference, and Military
Political Geography:
Algeria and North Africa

69. Tanah Tumpahnya Darahku: The ‘Genuine and Effective Link’ in Establishing Malaysian Citizenship

Author:
Tan Kian Leong
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Article 14(1)(b) of the Federal Constitution of Malaysia, when read together with sch II pt II s 1(e), theoretically acts as a safety net for Malaysian-born persons by conferring citizenship upon those who would otherwise be stateless. In practice, however, these provisions have been interpreted as imposing a dual jus soli/jus sanguinis requirement that must be satisfied before citizenship can be granted. Consequently, many persons prima facie entitled to Malaysian citizenship by operation of law are deprived of their entitlement. This article explores the possibility of adopting the Nottebohm (Liechtenstein v Guatemala) ‘genuine and effective link’ principle as a supplementary element of the s 1(e) citizenship test. Support for adoption is derived from the Parliament of Malaysia’s intent throughout the history of amendments to the citizenship provisions in the Constitution. The article further considers the plausibility of a direct legal transplantation of the principle into Malaysian law, drawing upon various sources including international law and English common law.
Topic:
Constitution, Citizenship, and Statelessness
Political Geography:
Malaysia and Southeast Asia

70. What would no deal mean?

Author:
Anand Menon, David Bailey, Tim Bale, Catherine Barnard, Matthew Bevington, Meredith Crowley, Sarah Hall, Katy Hayward, Martin Heneghan, Carmen Hubbard, Lisa James, Hussein Kassim, Ben Kienzle, Nicola McEwen, Jonathan Portes, Ivan Rajic, Meg Russell, Jill Rutter, Thomas Sampson, Maddy Thimont-Jack, Alan Wager, and Dan Wincott
Publication Date:
09-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
We now have a Withdrawal Agreement, which means ‘no deal’ means ‘no trade deal’. Yet a no deal outcome would still have profound implications for the UK. As we analyse in this report, from trade to connectivity to foreign policy to cooperation in policing, a failure to strike an agreement with the EU will impact on us in numerous ways.
Topic:
International Relations, Politics, European Union, Constitution, Economy, Trade, and Society
Political Geography:
United Kingdom and Europe