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11. Leaving Dayton for Brussels: Reviving Bosnia’s constitutional reform

Author:
Berta López Domènech
Publication Date:
06-2023
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
In December 2022, the European Council granted Bosnia and Herzegovina candidate status. However, to make EU membership a reality, Bosnia needs to address several conditions and implement major reforms. Almost three decades since the end of the Bosnian war, the country continues to be governed along sectarian lines and is overseen by an internationally appointed authority, the High Representative. Moreover, the ethnic provisions of the Dayton constitution discriminate against parts of its citizenry. This Discussion Paper stresses the need to reopen the debate on Bosnia’s constitutional reform, arguing that the EU should accompany the country’s efforts to become a fully functional and democratic state. A new constitution is vital to improving institutional functionality, streamlining decision-making, and guaranteeing equality for all citizens – all of which would ultimately allow for the closure of the Office of the High Representative. The EU should use the granting of candidate status to Bosnia as an opportunity to advance the conversation on reforming Bosnia's constitution per European democratic norms.
Topic:
Democratization, Reform, Constitution, and European Council
Political Geography:
Bosnia and Eastern Europe

12. Gross National Happiness Policy Outputs in Bhutan from 1972 to 2014*

Author:
Michael Givel
Publication Date:
10-2023
Content Type:
Journal Article
Journal:
Journal of Bhutan Studies
Institution:
Centre for Bhutan & GNH Studies (CBS)
Abstract:
In 1972, Bhutan’s Fourth King declared Gross National Happiness (GNH) more important than Gross Domestic Product. But what was the nature of GNH legislation policy outputs before and after the adoption of the written 2008 Bhutanese Constitution that required that Bhutan to promote GNH as a national policy goal? This study examines from 1972 to 2014 (six years after the adoption of the Bhutan Constitution) GNH policy outputs. There were two stages related to Bhutan’s four pillars that include sustainable and equitable economic development, good governance, cultural preservation, and environmental protection. In the first stage lasting to the 1990s, Bhutanese policy outputs emphasized preserving traditional culture. In the second phase from the 1990s to 2014, Bhutanese policy outputs emphasized Buddhist modernism in which all four pillars balanced traditional Buddhist values with modern issues like health care and illiteracy.
Topic:
Culture, Constitution, History, Legislation, Public Policy, and Gross National Happiness (GNH)
Political Geography:
South Asia and Bhutan

13. The British monarchy

Author:
Catherine Barnard, Frank Cranmer, John Curtice, Robert Hazell, and Ailsa Henderson
Publication Date:
04-2023
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
May 2023 will witness a landmark event: the coronation of King Charles III. Given the event’s significance, and the high levels of interest in the British monarchy that have been apparent since the death of Elizabeth II, UK in a Changing Europe and the Constitution Unit, UCL, have produced a report to explain the role of the modern monarchy and its place in the UK’s constitutional system. The report explains what the institution does and how it does it, and places the monarchy in its wider historical and comparative context. It provides a clear and accessible account of the monarchy and is intended as an indispensable guide ahead of the coronation. The report includes analysis from specialists on the monarchy and contributions from scholars who study UK politics and society and who examine the institution from their own specialist perspectives.
Topic:
Governance, Constitution, and Monarchy
Political Geography:
United Kingdom and Europe

14. Theoretical Reviewing Of Overlapping Consensus In The Context Of Abortion Debate

Author:
Ayla Akdoğan
Publication Date:
04-2023
Content Type:
Journal Article
Journal:
Journal of Academic Inquiries
Institution:
Sakarya University (SAU)
Abstract:
Since the beginning of the late modern era, modern constitutions have been trying to keep both group rights as minority rights and individual rights. But, in some cases, it is still ambiguous if an action or a phenomenon must refer to individual rights or group rights. Abortion discussions, with regard to political rights, are one example of these ambiguous cases. In this context, whereas Liberal view tends to regard abortion as individual rights of a woman, Communitarian view can be against it by pointing out the right to life and this case may lead to a kind of liberal constitutional crises. This article gains importance as such constitutional crises still emerge even nowadays. John Rawls’s theory of overlapping consensus in Political Liberalism tries to solve these political conflicts that emerged in liberal constitutions by prioritizing public reason. This article conceptionally aims to examine Rawls’s theory in terms of prioritization and value relativity in abortion discussions. The method of article is hermeneutics. In order to extend the universe of the discussion, some important thinkers such as Immanuel Kant, Isaiah Berlin and John Gray, who have related studies on the topic, were included. In conclusion, it is asserted that Rawl’s theory is weak both practically and theoretically as to the principle of utilitarianism violates the rights of communitarians.
Topic:
Constitution, Political Science, Pluralism, Consensus, Abortion, Individual Rights, and Group Rights
Political Geography:
Global Focus

15. Cooperative Federalism in India: Parallel Streams: Political Federalism and Economic Integration in India

Author:
Niranjan Rajadhyaksha and Prakhar Misra
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Economic integration is an important component of the design of political federations, a fact that was evident to the framers of the Indian constitution, but has been given inadequate attention in much of the subsequent literature on Indian federalism. In this paper, we examine the slow progress of economic integration in India, revisit the policy debates on the need for fewer barriers on interstate trade, and end with a set of unfulfilled recommendations to further strengthen cooperative federalism in India.
Topic:
Constitution, Economic Integration, and Cooperative Federalism
Political Geography:
South Asia and India

16. 18TH Constitutional Amendment: Implications for the Federation of Pakistan

Author:
Nadeem Abbas
Publication Date:
12-2023
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Eighteenth Amendment to Pakistan’s Constitution has made the Prime Minister of Pakistan, and hence the parliament, stronger instead of the President by abolishing Article 58(2) (b) just as the ‘Glorious Revolution’ of 1688-1689 in England made the parliament stronger by abolishing ‘Divine Rights’ of the kings and paving the way towards the constitutional monarchy by passing the ‘Bill of Rights’ in 1689. Just as the ‘Bill of Rights’ constituted a new era of democracy in England, the 18th constitutional amendment has promised the same. Furthermore, this constitutional software has removed the Concurrent List from the Constitution of 1973, thereby assigning more administrative, legislative and fiscal responsibilities to the federating units. The paper finds that by the passage of the 18th amendment, concrete constitutional measures were taken to transform a ‘centralized federation’ into a ‘participatory federation’ and now it is the constitutionally-driven responsibility of the provinces to chalk out development projects, addressing the people’s demands through enhanced fiscal discipline and well-coordinated public policies at their levels. In addition, consensus over the 7th NFC award was an historically important event in the politicoconstitutional annals of the federation of Pakistan.
Topic:
Constitution, Federalism, Parliamentary Democracy, and Amendment
Political Geography:
Pakistan and South Asia

17. Turkey at 100

Author:
Alistair Taylor and Gonul Tol
Publication Date:
12-2023
Content Type:
Video
Institution:
Middle East Institute (MEI)
Abstract:
The year 2023 marks the 100th anniversary of the establishment of the Turkish Republic. MEI Editor-in-chief Alistair Taylor and Turkey Program Director Gonul Tol discuss where things stand today: the political landscape in the aftermath of the May 2023 elections, President Recep Tayyip Erdogan’s push for constitutional change, and how Turkey is dealing with key foreign policy issues like the Israel-Hamas war, Sweden’s NATO membership bid, and relations with the U.S.
Topic:
Foreign Policy, NATO, War, Elections, Constitution, and Domestic Politics
Political Geography:
Turkey and Middle East

18. Gobernanza democrática y nueva Constitución de Chile

Author:
Pablo Rubio Apiolaza and Pedro A. Martínez Lillo
Publication Date:
11-2023
Content Type:
Working Paper
Institution:
Fundación Alternativas
Abstract:
El presente Documento de Trabajo tiene por objetivo identificar y analizar los elementos más relevantes del Proceso Constitucional de Chile en 2023, tomando en consideración la mejora de la gobernanza democrática. Se aborda un breve contexto histórico y político sobre el último ciclo constituyente en Chile, desde los gobiernos de la Concertación de Partidos por la Democracia hasta el presente año. Luego, se plantea reconocer y analizar los ejes principales del texto de Nueva Constitución que se plebiscitará el 17 de diciembre de 2023, en cuanto a sus contenidos centrales, mostrando sus consensos y disensos en un amplio campo de materias. Más adelante se identifican los principales partidos y sectores influyentes en el proceso constitucional y en el debate político, además de la evolución de la opinión pública. Finalmente, se exploran algunas perspectivas o escenarios futuros sobre la posibilidad de establecer consensos amplios entre las diversas fuerzas políticas chilenas, destacando la eventual presencia de una hegemonía conservadora en el diseño y contenidos de una nueva Constitución.
Topic:
Governance, Democracy, Constitution, and Domestic Politics
Political Geography:
South America and Chile

19. Clear and president danger: Democracy and the constitution in Tunisia

Author:
Anthony Dworkin
Publication Date:
07-2022
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
The new constitution that Tunisia will soon put to a referendum is a fundamental departure from the democratic model the country established after 2011. The process of drafting the constitution excluded any significant political participation or public debate. The new constitution would create an unaccountable presidency and leave other branches of the state without any power. Tunisia’s president has failed to address the country’s serious economic problems. An agreement with the International Monetary Fund will only provide a short-term solution to these problems. European policymakers should make clear that they do not see the constitution as genuinely democratic, while continuing to support Tunisia economically.
Topic:
Democracy, Constitution, Economy, Referendum, and IMF
Political Geography:
Europe, North Africa, and Tunisia

20. Control, Development, Legitimacy, and the 2024 Problem: Russia Two Years Before the End of Putin's 4th Term

Author:
András Tóth-Czifra
Publication Date:
03-2022
Content Type:
Special Report
Institution:
Foreign Policy Research Institute (FPRI)
Abstract:
In 2020, the Russian Federation’s legislature adopted constitutional reforms initiated by President Vladimir Putin. The reforms allowed Putin to “zero out” his presidential term count, and thus maintain ambiguity about his plans in 2024. They also set the stage for a radical revamp of governance in the country, with hope to kick-start Russia’s economic growth before 2024 and to ensure that the system could withstand instability stemming from a potential succession crisis. The reforms did bring substantial changes. However, as it is evident from major policies regarding capital investments, public administration, and the COVID-19 pandemic, the reforms left political decision-making top-heavy, poorly informed, short-sighted, and constrained, making it highly questionable whether they could achieve the goal of stimulating growth and stabilizing the regime’s domestic position before 2024. It was amid this set of contradictions and ambiguities that Putin decided to start a war of submission against Ukraine in February 2022. As of March 2022, it is too early to conclusively evaluate the consequences of the war on Russia’s future, and having been finalized in early February, this report cannot attempt to do it. However, by undoing the foundations of economic and social development, the war seems to have set Russia on a course where the regime aims to resolve the contradictions and ambiguities detailed in this report by previously unseen levels of domestic repression and external aggression.
Topic:
Development, Reform, Constitution, Legitimacy, and Vladimir Putin
Political Geography:
Russia and Eurasia