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111. Analysis of Constitutional Changes Concerning Justice

Author:
Valeria Klymenko and Hanna Pashkova
Publication Date:
06-2018
Content Type:
Journal Article
Journal:
National Security and Defence
Institution:
Razumkov Centre
Abstract:
Independent judiciary is an essential attribute of a democratic government and an important factor in establishing the Rule of Law. Events of the late 2013 and early 2014 confirmed the presence of serious problems in the Ukrainian judiciary. Not only it was inable to resist the arbitrary rule but also condoned and encouraged manifestations of autocracy. This objectively angered the society, which was receptive to immediate measures aimed at restoring confidence in the judiciary and the right to a fair trial. As these measures failed to deliver tangible positive results, the judiciary remained disoriented and demoralised. The need to reform the constitutional basis of the functioning of the judiciary became apparent. The Constitutional Commission established by the President of Ukraine has developed draft amendments to the Constitution (concerning justice), which on 2 June 2016 were adopted by the Parliament. Implementation of constitutional changes through necessary regulatory mechanisms was translated into action by adoption of several important laws – “On the Judiciary and the Status of Judges”, “On the High Council of Justice”, “On the Constitutional Court of Ukraine”, “On Agencies and Persons Performing Compulsory Enforcement of Court Decisions and Decisions of other Authorities”, and “On Amendments to the Commercial Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Justice of Ukraine and other Legislative Acts”. The process of implementing amendments to the Constitution concerning justice and the status of the Constitutional Court implies introduction of their provisions and legal mechanisms in the practice of establishing the judiciary bodies, appointment of judges and improvements in legal proceedings based on the new framework. The Constitutional Court, in turn, should gain genuine social recognition and respect by improving important elements of its status through exemplary adherence to its constitutional powers. In these processes, it is vital to promptly identify problems linked to inadequacy and unconstitutionality of certain provisions of the above laws, as well as the means of their application. This analytical report and all the materials presented in this publication are part of these efforts.
Topic:
Law, Public Opinion, Reform, Constitution, Justice, and Judiciary
Political Geography:
Europe and Ukraine

112. Secularist and Islamist Constitutional and Political Concepctions in the Modern Muslim World: The Cases of Kemalist Turkey and Khomeini’s Iran

Author:
Nikola Gjorshoski
Publication Date:
05-2017
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Modern constitutional and political concepts, in a broad sense, represent an expressed codification of the elements of value that structure the relevant society or the particular group that tries to project or channel them through the existing order. The secularism vs. Islamism dichotomy is a part of such a conceptual framework. The author elaborates and compares both ultimate constitutional and political designs, specifying them through the example of Turkey and Iran, as well as to shows the basic characteristics through the prism of their political legitimacy, the organization of power, the human rights and freedoms, as well as the possibility of political activism. The thesis that the author notes develop in the direction of a warning that the extremes contained in the constitutional provisions in the vividly ideologically divided societies can be a source of conflict and/or can generate instability or suffocation of the pluralism in the political arena.
Topic:
Islam, Politics, Constitution, Islamism, and Secularism
Political Geography:
Iran, Turkey, and Middle East

113. Military and Democracy: Conflict Resolution in Reference with Constitutional and Political Development of Pakistan

Author:
Iqra Khalil and Naveed Ahmed
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
A strong army plays an important role for the defense and security of any country. Without a strong army, no country can survive smoothly. Unfortunately, in Pakistan, army remained dominant in the political and constitutional development since independence because of some loopholes in the political and constitutional system. Consequently, Pakistan had to face various military coups. In British India, Army neither tried to overrule the Constitutional and political decisions taken by the Government, nor took over the country and the same rule was followed by the Indian army after independence which ultimately strengthens their political institutions. Whereas Pakistan has to face various successful as well as unsuccessful coups which not only derail the political institutions but also destabilizes the social, economic and legal systems of the country. The purpose of this article is to critically analyze the role of army in the political and Constitutional development of Pakistan especially the role of courts in validation of the different coups imposed by military dictators. This article deals with the recent constitutional amendments and judgments delivered by superior courts and to look how far the judiciary can go to stop further military intervention in the political affairs of Pakistan?
Topic:
Conflict Resolution, Democratization, Development, Politics, Military Affairs, and Constitution
Political Geography:
Pakistan, South Asia, and Punjab

114. Mapping Dilutions in a Central Law

Author:
Kanchi Kohli and Debayan Gupta
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Even as the Joint Parliamentary Committee’s report on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) is awaited, several states have already brought about changes that severely compromise the scope of clauses related to consent, Social Impact Assessment (SIA), food security and higher compensations. These changes also restrict the applicability of the 2013 law at state level. States have executed these changes through Rules under Section 109 of the Act, or have enacted their own state level land acquisition legislations using Article 254(2) of the Constitution of India. States, which have exercised the latter option, have managed to override the provisions of the central law. In the present case this has meant doing away with the provisions of consent and Social Impact Assessment. This paper traces how, and to what extent, the provisions of the central law have been diluted by the states.
Topic:
Security, Constitution, Land Law, and Legislation
Political Geography:
South Asia, India, and Asia

115. Constitutional amendments in Turkey: Predictions and implications

Author:
Al Jazeera Center for Studies
Publication Date:
02-2017
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
The Justice and Development Party (AKP) could not possibly have received approval for the proposed constitutional amendments in parliament and needed the Nationalist Movement Party’s support in order to carry out a referendum. A difficult election campaign for the amendments awaits the two opposing parties; however, there is no way to be certain before the announcement of the referendum results. Nevertheless, the most important issue relates to the long-term consequences for the AKP, particularly in terms of its Kurdish base. In terms of ethnicities, the AKP is considered the party of Turks, Kurds, Arabs, Circassians and all other Turkish ethnic groups, while the Nationalist Movement Party has traditionally been committed to the most severe position against the Kurdish Nationalist Movement, including its armed and unarmed wings.
Topic:
Democratization and Constitution
Political Geography:
Turkey

116. Sher Bahadur Deuba, Prime Minister of Nepal

Author:
Sher Bahadur Deuba
Publication Date:
09-2017
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
Right Honourable Sher Bahadur Deuba, Prime Minister of Nepal, addresses the Columbia University World Leaders Forum in Low Library.
Topic:
Development, Gender Issues, Democracy, and Constitution
Political Geography:
New York, Asia, Nepal, and United States of America

117. Constitution, Citizenship and Governance

Publication Date:
04-2017
Content Type:
Policy Brief
Institution:
Pak Institute for Peace Studies (PIPS)
Abstract:
This brief summarizes the findings of the fifth working group’s meeting on Counter-Violent Extremism (CVE). The meeting explored to what extent is extremism linked to the provision of constitutional rights and physical services provided by the state. Focus was made of how the concept of citizenship is absorbed by people, and how governance is carried out on the ground.
Topic:
Security, Terrorism, Governance, Violent Extremism, Constitution, Citizenship, and Countering Violent Extremism
Political Geography:
Pakistan and South Asia

118. The Constitutional Reform and the Position of Ethnic Minorites in the Republic of Armenia

Author:
Francesco Trupia
Publication Date:
10-2016
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This article aims to examine the ethnic minorities’ state of affairs in light of the constitutional reforms in Armenia since President Serzh Sargsyan decided to open the consultations with the parliamentary factions in November 2005. Policy-makers and representatives on behalf of ethnic minority groups have been taking relevantly place at the recent wave of democratic protests throughout the process of constitutional reforms in order to entrench a more stable multiparty system, an independent judiciary, new balances between State and civic society. Hence, what is the reason to endorse those tiny ethnic groups such as wealth of minority rights and political recognition? Why have ethnic Armenian minority groups not had objections or particular regrets in the constitutional reform processes? In turn, may this high level of internal recognition of ethnic minority groups foster assistance to Armenian minorities and protect Armenian heritage into the de facto entities of the South Caucasus?
Topic:
Religion, Minorities, Reform, Constitution, Ethnicity, and Freedom of Expression
Political Geography:
Armenia

119. Constitutional Process: Current Results, Risks and Prospects

Author:
Valeriya Klymenko
Publication Date:
01-2016
Content Type:
Journal Article
Journal:
National Security and Defence
Institution:
Razumkov Centre
Abstract:
The current stage of the constitutional process was initiated by the President of Ukraine Petro Poroshenko in March 2015 with the establishment of the Constitutional Commission.1 Already on 1 July 2015, the Parliament registered the Draft Law of Ukraine “On Amendments to the Constitution of Ukraine – on decentralisation” (Reg. No. 2217a), developed by the Constitutional Commission and submitted by the President of Ukraine. On 31 August 2015, the day this bill was approved, grenades exploded in front of the Parliament on the Constitution Square. The presence in this bill on decentralisation of the controversial Paragraph 18 “Transitional Provisions” did not allow entering the process of final adoption of amendments to the Constitution (on decentralisation) in compliance with requirements of Article 155. On 25 November 2015, the subsequent Bill “On Amendments to the Constitution – on justice” (Reg. No. 3524) was registered in Parliament. In February 2016, the bill was approved, and on 2 June 2016, finally adopted by the Verkhovna Rada of Ukraine. For the first time since the “political reforms” of December 2004, significant amendments to the Constitution of Ukraine were legally introduced. The adoption of a decision by Parliament to amend the Constitution of Ukraine in the part of justice, did not complete the reform of the judiciary. The fact that a number of amendments to the Constitution raised deep concerns among representatives of the expert community, and even more the judicial community, cannot be ignored. However, a number of updated provisions of the Constitution, implemented in effective mechanisms of special laws, are capable of positively influencing the judiciary. In this regard, firstly, the adoption by Parliament of the Law of Ukraine “On Judicial System and Status of Judges” in an unconstitutional way, with a gross violation of the Verkhovna Rada requirements cannot but cause concern. Second, the main content of the implemented law, introduced to the Parliament without obtaining opinions of the Scientific Experts Office or the Venice Commission, or discussing it in the expert community, can cause a real chaos in the process of implementing constitutional changes. The question remains uncertain about the prospects of the Draft Law of Ukraine “On Amendments to the Constitution of Ukraine – on human rights and freedoms” prepared by the Working Group of the Constitutional Commission. The analytical report has summarized theoretical grounds of regulations contained in the draft law. Since the work on the draft amendments to the Constitution was completed by the Working Group, the Constitutional Commission must make a final conclusion as to its readiness for submission to the President, who will decide on the introduction of a relevant bill to the Verkhovna Rada of Ukraine. Both aspects of constitutional amendments were analysed in the study by the Razumkov Centre, which is reflected in the content of the Analytical Report.
Topic:
Human Rights, Reform, Constitution, and Judiciary
Political Geography:
Europe and Ukraine

120. Kosovo Security Force is an Army - Legal Arguments

Author:
Robert Muharremi
Publication Date:
07-2016
Content Type:
Policy Brief
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
This legal opinion will argue that under the Constitution of the Republic of Kosovo, KSF is already a military force and constitutional amendments are not required to eliminate current restrictions which prevent it from becoming fully-fledged military force. All current restrictions may be eliminated by amending the relevant legislation within existing provisions of the Constitution. Amendment of the Constitution would require the approval of two thirds (2/3) of all members of the Parliament, including two thirds (2/3) of all members of the Parliament holding reserved or guaranteed seats for representatives of communities that are not in the majority in the Republic of Kosovo. On the other hand, as the legislation on KSF does not constitute legislation of vital interest (Article 81 of the Constitution), amendments of the legislation on KSF could be adopted by the Parliament only by a majority vote of MPs present and voting (Article 80.1 of the Constitution).
Topic:
Security, Armed Forces, and Constitution
Political Geography:
Eastern Europe and Kosovo