Constitutional Mortality: Precedential Effects of Striking the Individual Mandate
In: Law and Contemporary Problems, Band 75, Heft 3, S. 107
67 Ergebnisse
Sortierung:
In: Law and Contemporary Problems, Band 75, Heft 3, S. 107
SSRN
Working paper
Almost all constitutions have a beginning and an end; enactment supposes its birth, while replacement entails its death. Like all living beings, written constitutions can pass away because of many causes. Among other factors, political, economic and social conditions, but also constitutional design features are called to be the leading causes of what is hereby denoted as constitutional replacement. Why do some written constitutions survive longer than others? To what extent are political, economic, and legal factors, the determinants of constitutional replacement? To answer these questions, this article presents an empirical study of risk and protective factors of constitutional mortality, among five South American countries, namely Bolivia, Colombia, Ecuador, Peru and Venezuela, in the period 1946 - 2016. This time period is especially interesting due to its variability. Previous literature insights are confirmed insofar evidence suggests that bicameralism tends to live longer, despite adverse political and economic conditions.
BASE
In: Stanovništvo: Population = Naselenie, Band 36, Heft 1-2, S. 105-124
ISSN: 2217-3986
Infant mortality is still a major problem in our country as its level has
remained relatively high by European standards. This points to the need for
better preventive measures particularly as regards infant mortality and
other adverse consequences of pregnancy, as key indicators of health and
health care for mother and child. Namely, the analysis of movement in infant
mortality in low mortality countries shows that it can be decreased
relatively easily if certain social and health care measures are undertaken.
For that reason, it is necessary to engage in permanent organized research
to explain and measure both the relative impact of individual factors or
groups of factors in our country which are significant in terms of infant
mortality and their mutual relationships. We should also try to gain from
the experiences of other countries which had already made progress in this
respect. One of the elements of prevention is certainly the analysis of
causes of infant morbidity and mortality primarily during the pre-natal
period with the aim of specifying the most frequent causes of death to
enable their elimination and to induce a subsequent decline in infant
mortality. Besides showing the efficiency of health service activities, data
on causes of infant death also point to the specific measures that should be
undertaken and may be used as a base for planning and programming the
development of health services, i.e. implementation of health policy as part
of the population policy. With the decline in infant mortality in our
country there has also been registered a change in the composition of
diseases as the most frequent cause of death. During the initial observation
period when the general level of infant mortality was exceptionally high,
the share of infectious diseases and those of the respiratory system was
very large. These deaths were mainly induced by exogenous factors, that is
the diseases which the society in general and health services in particular
could most easily have checked both by measures to improve the general
living conditions and by preventive and curative health care measures. The
period from 1989 to 1996 is characterized by endogenous causes of infant
mortality primarily during the neonatal period and have to do with the
constitutional features of the live-born children, congenital anomalies,
premature birth, respiratory distress, etc. Thus, from the socio-medical
point of view, the primary causes of infant mortality in this period are
genetically induced or can be attributed to the mother in labour birth which
modern men and modern medicine cannot influence to a larger extent. The
analysis of infant death frequency by group of causes of death points that
there still exist possibilities of eliminating the exogenous causes of death
(as the same causes prevail in the socio-economically least developed
regions of the country). Besides, some improvement can also be expected in
the area of endogenous mortality (improvement in pre-natal diagnostics and
other measures of health care for pregnant women and those who have just
given birth, better conditions for child delivery and application of modern
techniques to care for the prematurely born children. The semanatal
mortality is probably the major socio-medical problem in our country both
because it accounts for the highest percentage in neo-natal mortality and
because it displays an almost negligible downward tendency. This justifies
another request - for a more extensive and comprehensive analysis of this
problem as well as for participation of other scientific disciplines besides
medicine. Among the leading causes of semanatal mortality in the most recent
observation period are premature birth, congenital anomalies, respiratory
distress syndrome and intrauterine hypoxia and asphyxia at birth.
Almost all constitutions have a beginning and an end; enactment supposes its birth, while replacement entails its death. Like all living beings, written constitutions can pass away because of many causes. Among other factors, political, economic and social conditions, but also constitutional design features are called to be the leading causes of what is hereby denoted as constitutional replacement. Why do some written constitutions survive longer than others? To what extent are political, economic, and legal factors, the determinants of constitutional replacement? To answer these questions, this article presents an empirical study of risk and protective factors of constitutional mortality, among five South American countries, namely Bolivia, Colombia, Ecuador, Peru and Venezuela, in the period 1946 - 2016. This time period is especially interesting due to its variability. Previous literature insights are confirmed insofar evidence suggests that bicameralism tends to live longer, despite adverse political and economic conditions. ; Todas las constituciones tienen un inicio y un final. Nacen cuando son promulgadas y su reemplazo conlleva su muerte. Como todos los seres vivientes, las constituciones pueden morir debido a diversos factores. Entre los más importantes están los factores políticos, económicos, sociales y características sobre el diseño constitucional como las variables explicativas del reemplazo de las constituciones. ¿Por qué algunas constituciones sobreviven más tiempo que otras? ¿En qué medida diversos factores políticos, económicos, sociales y de diseño constitucional influyen en la reforma total de las constituciones? Para responder estas preguntas, este estudio presenta el análisis empírico de una base de datos original sobre los factores de prevención y riesgo de las constituciones promulgadas en Bolivia, Colombia, Ecuador, Perú y Venezuela, entre 1946 y 2016. Este periodo resulta interesante debido a su variabilidad institucional. Los principales hallazgos del presente estudio refieren que aquellas constituciones que instituyen mecanismos de difusión de poder político, como asambleas bicamerales, perduran inclusive ante condiciones sociales y económicas desfavorables. ; Toda constituição política tem um início e um final. Nascem quando são promulgadas e a sua substituição acarreta a sua morte. Como todos os seres vivos, as constituições podem morrer devido a diversos fatores. Dentre os mais importantes, alguns trabalhos prévios analisam fatores políticos, econômicos, sociais e características sobre a forma constitucional como as variáveis explicativas da substituição das constituições. Por que algumas constituições sobrevivem mais do que outras? Em que medida diversos fatores políticos, econômicos, sociais e de forma constitucional influem na reforma total das constituições? Para responder estas perguntas, este estudo apresenta a análise empírica de uma base de dados original sobre os fatores de prevenção e risco das constituições promulgadas na Bolívia, Colômbia, Equador, Peru e Venezuela, entre 1946 e 2016. Este período resulta interessante devido a sua variabilidade institucional. As principais descobertas deste estudo indicam que aquelas constituições que instituem mecanismos de difusão de poder político, como assembleias bicamerais, perduram inclusive diante de condições sociais e econômicas desfavoráveis.
BASE
Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance
In an effort to reduce firearm mortality rates in the USA, US states have enacted a range of firearm laws to either strengthen or deregulate the existing main federal gun control law, the Brady Law. We set out to determine the independent association of different firearm laws with overall firearm mortality, homicide firearm mortality, and suicide firearm mortality across all US states. We also projected the potential reduction of firearm mortality if the three most strongly associated firearm laws were enacted at the federal level.
BASE
This paper analyses the health-improving effects of introducing four different constitutional social and environmental human rights (health, free education, adequate living (or welfare), and environment) and the American Convention on Human Rights (ACHR) into national constitution and jurisprudence in Latin America, where human rights litigations are particularly active. By using retrospective fertility surveys conducted in 15 Latin American countries from the Demographic and Health Surveys, I compare the survival of infants born to the same mother before and after the introduction of four different constitutional human rights and the ACHR. This is to disentangle the effects of these rights from changes in other country-level characteristics. The major results are as follows. (1) No constitutional social and environmental rights significantly change the total amount and composition of government spending. (2) Introducing a right to health into the national constitution is associated with a 2.6 per cent subsequent reduction in infant deaths among poor mothers, but not associated with infant deaths among the general population. (3) The right to education, welfare, and environment and the ratification of the ACHR are not associated with a subsequent reduction in infant deaths. (4) The effects of a right to health are robust after allowing for total government spending and its composition (health, education, and social security and welfare spending), which indicates that the allocation of government health spending - rather than an absolute amount of spending induced by the constitutional right to health - might be important to reduce infant deaths among poor mothers.
BASE
SSRN
In: American political science review, Band 18, Heft 1, S. 49-78
ISSN: 1537-5943
The opening paragraph of Section 8 of Article 1 of the Constitution reads as follows: "Congress shall have power to lay and collect taxes‥‥ to pay the debts and provide for the common defense and general welfare of the United States." For what purposes may Congress, in light of this phraseology, spend money raised by national taxation? Hamilton answered, for any purposes which Congress itself found to be promotive of the general welfare. Madison, on the contrary, held the power thus granted to be only instrumental—Congress might spend money only as a means of carrying into effect its other granted powers. So far as the practice of Congress is concerned, Hamilton's view has long since prevailed, but the Supreme Court has never had occasion so far to develop its theory on the subject. Its failure, therefore, to seize the opportunity proferred it in the Maternity Act cases is somewhat disappointing.By the Maternity Act of November 23, 1921 Congress extends financial aid, in the work of reducing maternal and infant mortality, and protecting the health of mothers and infants, to such states as shall accept and comply with the provisions of the act. The act was attacked on two grounds; first, that the appropriations voted were "for purposes not national, but local to the states," and secondly, that the acceptance by a state of the terms of the act would constitute a surrender by it of its reserved powers.
In: Surendra, H. (2018) Constitutional provisions on health care services and social security in India: An overview. Asian Journal of Development Matters, 12 (1). pp. 181-185. ISSN 0976-4674
Welfare model of governance is a core element of the constitution of free India. As part of its commitment, varies national welfare policies are made in order to achieve socio-political justice and there-by sustainable growth and development. Sound human resource is essential precondition for the development of any nation. Sustainable and constant growth and development demands healthy and capable players. Public Health Care Services has been playing vital role in Healthy Rural India. Central and State Governments provides comprehensive healthcare and services to the people of the Rural India. The state governments have been given much priority to the health sector over the years. It took effective measures to improve the health and well-being of the citizens of India. The state governments implemented several rural health programmers to ensure better healthcare of the population living in the rural areas. An assessment of the performance of the country"s health related indicators depicts that significant gains have been made in them e.g. life expectancy at birth, child and maternal mortality, morbidity. Primary Health Care is a vital strategy which is a backbone of Health Service delivery for our country. India was one of the first few countries to recognize the importance of Primary Health Care Approach. Objectives of this research paper: To analyze the interlink between health policy and Public Health Care Services, To discuss the role of Health Care Services in Rural Development, To Highlight the measures taken by the government to ensure Health for all. The paper is based on the secondary sources of data and it was gathered from publications of state and central government for different time periods, journals, books etc.
BASE
In: The Australian journal of politics and history: AJPH, Band 61, Heft 1, S. 1-18
ISSN: 1467-8497
In: Public Law Review, Band 21, S. 109-140
SSRN
North Macedonia is a multiethnic country and represents a real mosaic of different cultures. This ethnic and cultural diversity will make this small country in the middle of Europe even more beautiful if no demographic battle takes place. Once part of the Yugoslav federation, the Macedonian population had the privilege of being called on behalf of the state, and other ethnic communities remained equal only in the communist documents of the regime, while in practice feeling deeply discriminated against. Now that the state is independent and sovereign, also the Constitution and other legal acts have incorporated the package of laws deriving from the Ohrid Framework Agreement, according to which Albanians are a constitutional category based on the percentage, respectively that over 20% in the state level, as these causes permanent tension in daily politics. As population censuses have been politicized and doubts about the ethnic structure of the state are growing, this study has considered recent demographic changes in the country in order to shed some light on this vague issue.
BASE
In: in: Mark Tushnet, Thomas Fleiner and Cheryl Saunders (eds.), Routledge Handbook of Constitutional Law, (Routledge, 2012), Ch 35
SSRN
With the goal of fully guaranteeing the constitutional right to health protection, Mexico City's leftist administration (2000-2006) undertook a reform to provide health services to people without insurance. The reform had four components: free medicine and health services; the introduction of a new service model (MAS); the strengthening, expansion, and improvement of services, and legislation to ensure that the city government become guarantor of this constitutional right. The reform resulted in 95% of eligible families being enrolled in free care; expansion of health care infrastructure with the construction of five new health care centers and a 1/3 increase in the number of public hospital beds in impoverished and disadvantaged areas; increased access to and use of health services particularly by the poor and for expensive interventions; and the legal guarantee of the continuity of this policy. The implementation of this new policy was made possible through an 80% budget increase, improvements in efficiency, and a successful fight against corruption. The health impact of the reform was seen in decline of mortality rates in all age groups between 1997 and 2005 (22% for child mortality, 11% for economically active age groups, and 7.9% for retired age groups) and by a 16% decline in AIDS related mortality between 2000 and 2005. This reform contrasts with the health care reform promoted by the right wing Federal government in the rest of the country; the latter was based on voluntary health insurance, cost-sharing by families, access to a limited package of services, and gradual enrollment of the population
BASE