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81. Russian views on the Constitutional Committee and the political process in Syria

Author:
Nikolay Sukhov
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
The Russian leadership believes that the Constitutional Committee (CC) is a key factor in a political settlement in Syria. Russia hopes that the West, primarily the EU, adhering to the principle of “no reconstruction without a political transition”1, would regard the launch of the CC as the beginning of this political process and increase humanitarian aid to Syrians living in government- controlled territory. Russia's position on the constitution issue differs from that of the Syrian government. However, glimmer of hope could come from events in northeast Syria2, which has strengthened position of the opposition in the CC. Yet, neither Russia, nor Syria, are ready to recognise this reality. The Russian leadership is not likely to promote rapprochement between the Syrian government and the opposition on reform issues, as Russia perceives these to be the internal affairs of Syria. In Russia, it is perceived that the constitutional, and later, the political process based on the new constitution, could facilitate the return of refugees. The next step after the adoption of the new constitution should be legislative reform, which would bring Syrian legislation into line with the constitution. The topic of legislative reform in Syria could become bargaining tool for Europe in negotiations with Russia. If Europe wishes to stabilise the situation in Syria and the Middle East, it should first participate in reconstruction efforts by reviving the economy, and thereby Syrian civil society. This would be an indirect stimulation of political reforms. In this case, European leaders need to develop a long-term strategy aimed at improving Syrian society, preventing radical ideas, terrorism and possible new waves of migration to Europe. Russia could contribute to the implementation of European initiatives as the interests of Russia and Europe to stabilise Syria and the region coincide.
Topic:
Constitution, Syrian War, Negotiation, and Peace
Political Geography:
Russia, Middle East, and Syria

82. Indian Constitutional Rearrangements in Jammu & Kashmir and the Responses of Kashmiri Diaspora

Author:
Lubna Haroon and Nazir Hussain
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
In the aftermath of August 5, 2019, almost the entire population of Indian-held Jammu & Kashmir was placed under stark lockdown with pro-freedom and mainstream politicians arrested. This was to prevent any outbreak in response to the revocation of region‟s special status. There were only two indigenous constituencies left for campaign and raising voices; „Pakistani-administered‟ J&K and Kashmiri diaspora. The diaspora‟s feeling of being backstabbed created a sense of dispossession and alienation. Kashmiri diaspora across the globe mobilised on various fronts ranging from diplomatic, social, political, academic, and media. Though they managed to highlight the Kashmir conflict internationally, but they could not make some tangible impact as India‟s constitutional re-arrangements and the human rights violations in Jammu & Kashmir continued unabated.
Topic:
Human Rights, Migration, Diaspora, Social Movement, Constitution, and Protests
Political Geography:
India and Asia

83. Burundi’s Institutional Landscape after the 2020 Elections

Author:
Stef Vandeginste
Publication Date:
04-2020
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
Burundi’s forthcoming elections mark the next stage in the implementation of the Constitution of 7 June 2018. Four key institutional innovations, situated mostly at the level of the executive branch, will take effect after the elections. Contrary to the Arusha Peace and Reconciliation Agreement of August 2000 and the Constitution of 18 March 2005, the 2018 Constitution no longer requires the establishment of a coalition government. While re- introducing a prime minister, the new constitution also enhances presidential powers. Furthermore, the 2018 Constitution has an immediate and longer-term impact on the use of ethnic quotas
Topic:
Elections, Constitution, Leadership, Ethnicity, and Institutions
Political Geography:
Africa and Burundi

84. The Rise of the Admistrative State and Decline of Constitutional Morality

Author:
William Gangi
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
Keep a highlighter and pen handy. I don’t recall the last time I used the former so frequently or made so many comments in a book’s margins. Each draft of this review has had a different emphasis. The conclusion I reached was this: the reader will have an incredible number of issues to mull over, and this review simply cannot discuss every worthwhile topic. Thus, while not a casual read, this volume certainly is a rewarding one. The book commences with a basic political insight: a constitution originating in one country may not be transplanted to another country and be expected to work in the same manner as it had in the country of origin. This book demonstrates the many reasons why that is so, and more particularly, how current legislative and executive practices have undermined the framers’ understanding of the rule of law. In sum, our nation’s governance has become increasingly arbitrary under a system the authors aptly describe as “quasi-law.”
Topic:
Governance, Constitution, State Building, Morality, and Administration
Political Geography:
North America and United States of America

85. Constitutional Morality and the Emerging Social Imaginary of the Information Revolution

Author:
Kevin Lee
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
A recent report of the professional association for electrical engineers, IEEE (IEEE 2019), calls attention to the importance of technology for politics. It describes the aims of engineering the new legal information technology this way: “Ultimately, our goal should be eudiamonia, a practice elucidated by Aristotle that defines human well-being, both at the individual and collective level, as the highest virtue for a society” (IEEE 2019, 2). The association with the Aristotelian tradition of virtue ethics may at first seem surprising since the consumerist values of Silicon Valley typically run towards anti-teleological perspectives. But, as the report notes, the information and computing technologies (ICT) that are being developed are “specifically designed to reduce the necessity for human intervention in our day-to-day lives.” And for this reason, it is “raising concerns about their impact on individuals and societies” (IEEE, 3).
Topic:
Information Age, Constitution, Morality, and Social Order
Political Geography:
Global Focus

86. A Response to Critics

Author:
Bruce P. Frohnen
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
My thanks to the participants in this symposium. I know that my co-author, George Carey, would be as gratified as I am at the serious consideration given, here, to Constitutional Morality and the Rise of Quasi-Law. At first I was puzzled by William Gangi’s summation of our book as one that addresses the adage that “a constitution originating in one country may not be transplanted to another country and be expected to work in the same manner as it had in the country of origin.” The book includes some comparative analysis of constitutions to show their reliance on the underlying culture for their success and the importance of the fit between tradition and text. Still, it focuses on the American Constitution, not on the application of any country’s constitution to other countries. Then again, as Gangi notes, in a more fundamental sense our book is about the interaction between the written constitution of the United States and the unwritten constitution of institutions, beliefs, and practices that shaped the American people, the American culture, and the constitutional morality that until fairly recently held officials to their public duties. This is a particular instance of the universal problem of “fit” between constitution and culture.
Topic:
Governance, Constitution, Legal Theory, and Legal Sector
Political Geography:
North America and United States of America

87. Challenge of Statelessness—The Indian Response

Author:
V. Suryanarayan
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
India International Centre (IIC)
Abstract:
There are stateless people all around the globe. The problem is very acute in the Asia–Pacific region. The United Nations High Commissioner for Refugees (UNHCR) estimates that there are 10 million stateless persons across the world. A stateless child is born every ten minutes. What does it mean to be a stateless person? It means you have no identity, you have no nationality. You are not recognised as a citizen of any country. As UNHCR has rightly pointed out, ‘Often they are excluded from cradle to grave— being denied a legal identity when they are born, access to education, health care, marriage and job opportunities during their life time and even the dignity of an official burial and a death certificate.’ Over one-third of the world’s stateless are children
Topic:
Human Rights, Refugees, Constitution, Citizenship, History, and Stateless Population
Political Geography:
South Asia and India

88. Parliamentary Oversight of Constitutional Bodies in the Maldives

Author:
Alexandra Brown, Erica Shein, and Katherine Ellena
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems (IFES)
Abstract:
After decades of power centralized in the executive, the Maldives’ 2008 Constitution introduced separation of powers and created “independent institutions to monitor the three branches of power and safeguard human rights.” The Election Commission, Anti-Corruption Commission and other independent institutions must have sufficient autonomy to operate effectively and carry out their mandates without susceptibility to undue influence. However, they are not immune from corruption, poor leadership or partisan behavior, and still require oversight to ensure accountability. Finding the correct balance between accountability and autonomy can be challenging, but it is essential to ensure that the institutions appropriately fulfill their mandates. In response to a request from Parliament, the International Foundation for Electoral Systems (IFES) conducted an extensive literature review, analyzed comparative practices and consulted stakeholders to develop a set of recommendations for effective parliamentary oversight of independent institutions. The resulting paper, Parliamentary Oversight of Constitutional Bodies in the Maldives, explores how parliamentary tools and mechanisms can be effectively tailored to provide the appropriate level of oversight. The paper has recommendations and lessons that are broadly applicable outside the Maldivian context, and helped inspire the development of IFES’ Autonomy and Accountability Framework. Because constitutional bodies have a unique role to play in bolstering good governance, any improvement to their performance will improve the quality of democracy as a whole and help prevent corruption, improve service delivery and increase transparency and rule of law. IFES’ Autonomy and Accountability Framework helps countries achieve this in practice.
Topic:
Elections, Democracy, Constitution, Transparency, Autonomy, and Parliamentarism
Political Geography:
South Asia, Asia, and Maldives

89. Political Process, Crisis and Legitimacy in Poland

Author:
Hector Calleros
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The paper examines the conflict over the control of the integration of Poland’s Constitutional Tribunal (CT) that evolved into a constitutional crisis in October 2015 - and has extended for more than two years. It identifies issues that help understand how the Polish Democracy does not impede the erosion of constitutional democracy as the conflict has undermined the CT and the function of judicial review (JR). The article examines issues of legitimacy that emerge from the crisis; it also examines the extent to which the institutional settings condition the operation of the JR function; in particular, it looks at the role of executive actors (the Government and the President), and the role of the political/parliamentary party in bridging the separation of powers.
Topic:
Politics, Democracy, Constitution, Legitimacy, and Justice
Political Geography:
Europe and Poland

90. Uncertainty & Hope in Chile

Publication Date:
11-2020
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
On October 25th, 77% of Chileans voted to draft a new constitution through an elected constitutional assembly with gender parity. This will be the first in its kind and represents a break for Chile from the legacy of Augusto Pinochet’s dictatorship. This seminar discussed the prospects of this new process, the related uncertainty, and the hopes for the country’s institutional trust crisis.
Topic:
Reform, Democracy, Constitution, and Gender
Political Geography:
South America and Chile