Suchergebnisse

The issue of the Constitution in the contemporary history of Morocco as ideas and a system of laws, reflecting the political transformations that Morocco has known since independence, it is mainly related to linking the production of the Constitution to the development of concepts and institutions and their relationship to democratic construction and the establishment of a modern state in the time of independence, as well as constitutional amendments reflect the transformations known in Moroccan society, At the political or social level, the shift towards building a democratic society, the emergence of civil society and human rights organizations in the national political arena, in addition to demanding political and constitutional reforms. The research project reflects the development of the executive power in successive Moroccan constitutions, up to the 2011 constitution, with a legal comparison between the powers and competencies of the head of state with the powers and competencies of the prime minister (Head of Government), and highlighting the transformations experienced in this area in the constitutions (1962-1970-1972-1992-1996), the accumulations that led to the distribution contained in the 2011 Constitution, and the problems of practice during the previous government mandate. Considering that the existing constitutional problem in Morocco was raised primarily at the level of the Constitution of the Organization of Authorities, and in particular the dominant role that the Royal Institution has continued to play towards other institutions, it seems that the new Constitutional Document did not provide what could establish a new type of relationship between the Institution. The monarchy and other institutions, therefore, continued to perpetuate the centrality of the monarchy and its dominance over political life. Whether as the "Commander of the Faithful" or "Head of State", the King retained wide and effective competencies and powers that would allow him to remain the center of the political system and the main determinant of his orientations and decisions, and even added new powers. In addition to the availability of (reserved field) makes it a monopoly of the right of initiative in five strategic areas: religious, military, external, judicial and security, the presence of (partner) in some other competencies, does not prevent him from having The last word, as reflected in the continued subordination of the government to him, and continued interference in the work of Parliament. Moreover, giving him the power to amend the constitution through direct recourse to parliament, along with other possibilities shared with the prime minister and the parliament, makes him control and even monopolize the sub-constituent authority. His presidency of a number of constitutional institutions would further entrench his role as a "hub for institutional and political life" and would contradict the result (the imbalances of the political and institutional paths in the past, which necessitated a redefinition of the roles and functions of the royal institution to serve it. Ballot boxes, not a substitute for them, to ensure balance and separation of powers, and avoid assigning roles incompatible with each other to the same institution). Although the constitution has strengthened the powers of the government and reconsidered the nature of its installation and composition, especially when its president has been immune from the possibility of direct dismissal, it generally remains hostage to the royal will. It is clear that the provisions of Article 47 make the King retain great authority over the members of the government, both in terms of appointment and exemption, and his presidency of the Council of Ministers, which is still a necessary crossing for a number of issues makes him in control of the government's choices and directions, and initiatives Its president, and thus becomes, the actual head of the executive, the primary determinant of the general policy of the state. The study of the 2011 Constitution, especially the executive, is of great importance for several considerations, as it is considered an authority directly related to public policies, as it reflects the local community to which it belongs and represents it in many aspects. Therefore, the study of the executive authority and the perception of the characteristics and mechanisms that control relations between its elements, An important aspect that this research seeks to highlight. The importance of this subject lies in reading the constitutional revisions and the impact of national and international changes in their visibility, with a focus on the context of the Arab Spring, which resulted in the new constitutional review. It also seeks to reveal the relationship between the Royal Institution and the Prime Minister's Institution and the gradual transfer of government competencies in order to find the balances required for the continuation of the performance of its roles as required, and read the past government experience as a constituent mandate, being the first government under the new constitution.

Land reform is a temporal process that was embarked on in two distinctive phases in South Africa: first by way of an exploratory programme before the new constitu-tional dispensation commenced, followed by, secondly, an all-encompassing programme after April 1994. While a constitutional dimension distinguished these broad phases from each other, the second phase was furthermore characterised by having an interim Constitution for a period of time, followed by the final Constitution, which is currently still in place. With regard to land reform, the initial exploratory programme was conducted in the absence of a Constitution with a Bill of Rights. Following 1994 and the commencement of a Constitution, the interim property clause, section 28, did not provide for land reform specifically, although provision was made for the expropriation of property for public purposes. However, provision was made, specifically for the restitution of land and rights in land, but not within the property clause as such. In contrast, the final property clause, section 25 which commenced in 1997, provides for land reform in particular. This contribution explores the meaning of having land reform embedded in the Constitution generally and in the property clause specifically. To that end it becomes clear that being embedded in the property clause calls for a specific approach to and interpreting of all land reform-based and -related statutory measures and case law. It is also imperative that the structure of the property clause and the prominence of the reform-oriented clauses be taken into account when considering the property clause on the one hand and the aims and purposes of land reform, on the other. While this contribution focuses entirely on the constitutional dimension of land reform, it is also true that effective policy measures and legislation, implemented, interpreted and applied correctly, are furthermore non-negotiable to make land reform effective, although they are not analysed here.

In The Idaho State Constitution, Donald W. Crowley and Florence A. Heffron provide a history of Idaho's constitution and a concise article-by-article analysis of the entire text. The authors recount the development of the constitution over the last century and explain how it has been shaped by concerns of powerful economic, social, and political forces. Since its drafting in 1889, the 109 amendments have democratized the political systems and given people the right to participate more actively in the state's governance. The Idaho State Constitution reflects the renewed interest in state constitutions as a means of guiding important policy concerns and provides an essential reference guide for readers who seek a rich account of Idaho's constitutional evolution.

IN REVIEW OF JUDICIAL INTERPRETATION OF THE UNITED STATES CONSTITUTION SET AGAINST THE CURRENT REALITY OF AMERICAN GOVERNANCE, THE AUTHORS OF THIS ARTICLE CONCLUDE THAT TRADITIONAL SEPARATION OF POWERS DOCTRINES HOLD FEW CONSTRAINTS FOR DELEGATION OF "PUBLIC FUNCTIONS" BEYOND THE BOUNDARIES OF THE THREE BRANCHES. AS THE RESULT OF CONSTITUTIONAL PERMISSIVENESS, THE LEGISLATIVE AND EXECUTIVE DEPARTMENTS HAVE INCREASINGLY LOST OUT (OR ABDICATED) TO PRIVATE AND QUASI-GOVERNMENTAL INSTITUTIONS TO CONDUCT CORE GOVERNMENT FUNCTIONS. PUBLIC ACCOUNTABILITY HAS BEEN LOST IN THE EXCHANGE. AT A TIME OF REVOLUTIONARY CHANGE ACROSS EASTERN EUROPE AND ELSEWHERE, WHEN NEWLY FORMING GOVERNMENTS LOOK TO THE UNITED STATES FOR STRUCTURAL MODELS, THEY ARE UNLIKELY TO BE INFORMED ABOUT THE FUNCTIONAL REALITY OF AMERICAN GOVERNANCE BY EITHER THE WRITTEN CONSTITUTION OR DOCTRINES ARTICULATING THE CONSTITUTION.

Examining the effects that political, legal, and regulatory institutions have on economic development, this book provides new contributions on the political economy of the European constitution. It covers many issues including social protection, fiscal reform and regional policies that are on the table of European policy makers.

Cover title. ; "This essay, in its original form, was designed as a theses for the degree of doctor of laws of the University of Melbourne".--Pref. ; Includes bibliographical references and index. ; Photocopy. ; Mode of access: Internet.

This study asks five questions. How does the Constitution define the framework for its governance and the principles under which it must operate? How do the provisions lay out the core public finance matters? How are Islamic religious defined? How could we interpret the provisions in the Constitution? How do Islamic religious revenues affect socioeconomic development? Based on the analysis of these questions, and the Federal Constitution of Malaysia, this study will try to explain the choice of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents (government). In particular, this study will prove that the Constitution results from both conventional and Islamic scholars' preferences. The constitutional rules lead to the introduction of Islamic religious revenues as the sources of government revenues. Furthermore, in Malaysia, constitutional economics also provides another view that treats Islamic religious revenues as socioeconomic development tools.