Constitutionalism and the Separation of Powers [1967]
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Zeynep Koçak-Şimşek* This Article
M ARSILIUS OF P ADUA : T HE S OCIAL C ONTRACTARIAN Zeynep Koçak - Şimşek * This article aims to demonstrate that Marsilius of Padua' s Defensor Pacis (1324) encompasses the basics of the social contract theory. Marsilius arrives at the social contractarian theory drawing upon both his past and present political engagements, and the theoretical legal - political debates of his time. He reconciles his back ground in the city - state of Padua, which struggled with the Holy Roman Empire to keep its autonomous legal order of republican liberties, with his political tendency to and his engagement with the i mperial order. Yet, in constructing his political thought, he benefits immensely from the legal and political debates that had been going on since the beginning of the 10th century with the emergence of the Bologna law school, as well as the revival of both Aristotelian scholarship and Ulpian ' s contribution to th e Digest. All of this had a decisive impact on the scope of the debates. The legal debates sought the legitimate origin of the Holy Roman Emperor ' s sovereignty . H owever, by breaking sovereignty into parts as executive power and legislative power, Azo Portius introduced the possibility of the separation of powers into the debate. Armed with his engagement with the Aristotelian ' doctrine of the wisdom of the multitude ' and the renaissance of the Codex, Marsilius was able to further what Azo had dismantle d by shifting the power that underlay the sovereignty from a bundle of legislative and executive powers to merely legislative ones. Through a convention that he derived from l ex r egia, he constituted the first version of the social contract . -
Dahl and Charles E
PLEASE READ BEFORE PRINTING! PRINTING AND VIEWING ELECTRONIC RESERVES Printing tips: ▪ To reduce printing errors, check the “Print as Image” box, under the “Advanced” printing options. ▪ To print, select the “printer” button on the Acrobat Reader toolbar. DO NOT print using “File>Print…” in the browser menu. ▪ If an article has multiple parts, print out only one part at a time. ▪ If you experience difficulty printing, come to the Reserve desk at the Main or Science Library. Please provide the location, the course and document being accessed, the time, and a description of the problem or error message. ▪ For patrons off campus, please email or call with the information above: Main Library: [email protected] or 706-542-3256 Science Library: [email protected] or 706-542-4535 Viewing tips: ▪ The image may take a moment to load. Please scroll down or use the page down arrow keys to begin viewing this document. ▪ Use the “zoom” function to increase the size and legibility of the document on the screen. The “zoom” function is accessed by selecting the “magnifying glass” button on the Acrobat Reader toolbar. NOTICE CONCERNING COPYRIGHT The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction of copyrighted material. Section 107, the “Fair Use” clause of this law, states that under certain conditions one may reproduce copyrighted material for criticism, comment, teaching and classroom use, scholarship, or research without violating the copyright of this material. Such use must be non-commercial in nature and must not impact the market for or value of the copyrighted work. -
Theory of Separation of Powers
THEORY OF SEPARATION OF POWERS Introduction The three organs of the government—Legislature, Executive and Judiciary— perform the three essential functions of law-making, law-application and law- adjudication. This threefold division of governmental functions is universally accepted as the best way of organizing the government. These three functions are inter-related and inter-dependent. But these are performed by three different organs. The separation of powers is a model for the governance of a state. Under this model, the state is divided into three branches of legislature, executive, and judiciary, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with other branches. It can be contrasted with the fusion of powers in parliamentary systems where the executive and legislature are unified. Separation of powers, therefore, refers to the division of responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. History Aristotle first mentioned the idea of a "mixed government" or hybrid government in his work Politics where he drew upon many of the constitutional forms in the city-states of Ancient Greece. In the Roman Republic, the Roman Senate, Consuls and the Assemblies showed an example of a mixed government according to Polybius. John Calvin (1509–1564) favoured a system of government that divided political power between democracy and aristocracy (mixed government). In order to reduce the danger of misuse of political power, Calvin suggested setting up of several political institutions which should complement and control each other in a system of checks and balances. -
Measuring Polyarchy Across the Globe, 1900–2017
St Comp Int Dev https://doi.org/10.1007/s12116-018-9268-z Measuring Polyarchy Across the Globe, 1900–2017 Jan Teorell1 & Michael Coppedge2 & Staffan Lindberg3 & Svend-Erik Skaaning 4 # The Author(s) 2018 Abstract This paper presents a new measure polyarchy for a global sample of 182 countries from 1900 to 2017 based on the Varieties of Democracy (V-Dem) data, deriving from an expert survey of more than 3000 country experts from around the world, with on average 5 experts rating each indicator. By measuring the five compo- nents of Elected Officials, Clean Elections, Associational Autonomy, Inclusive Citi- zenship, and Freedom of Expression and Alternative Sources of Information separately, we anchor this new index directly in Dahl’s(1971) extremely influential theoretical framework. The paper describes how the five polyarchy components were measured and provides the rationale for how to aggregate them to the polyarchy scale. We find Previous versions of this paper were presented at the APSA Annual Meeting in Washington, DC, August 28- 31, 2014, at the Carlos III-Juan March Institute of Social Sciences, Madrid, November 28, 2014, and at the European University Institute, Fiesole, January 20, 2016. Any remaining omissions are the sole responsibility of the authors. Electronic supplementary material The online version of this article (https://doi.org/10.1007/s12116-018- 9268-z) contains supplementary material, which is available to authorized users. * Jan Teorell [email protected] Michael Coppedge [email protected] Staffan Lindberg [email protected] -
Rethinking Populism: Peak Democracy, Liquid Identity and The
European Journal of Social Theory 1–21 ª The Author(s) 2018 Rethinking Populism: Reprints and permission: sagepub.co.uk/journalsPermissions.nav Peak democracy, liquid DOI: 10.1177/1368431017754057 identity and the performance journals.sagepub.com/home/est of sovereignty Ingolfur Blu¨hdorn WU Vienna University of Economics and Business, Vienna, Austria Felix Butzlaff WU Vienna University of Economics and Business, Vienna, Austria Abstract Despite the burgeoning literature on right-wing populism, there is still considerable uncertainty about its causes, its impact on liberal democracies and about promising counter-strategies. Inspired by recent suggestions that (1) the emancipatory left has made a significant contribution to the proliferation of the populist right; and (2) populist movements, rather than challenging the established socio-political order, in fact stabilize and further entrench its logic, this article argues that an adequate understanding of the populist phenomenon necessitates a radical shift of perspective: beyond the democratic and emancipatory norms, which still govern most of the relevant literature. Approaching its subject matter via democratic theory and modernization theory, it undertakes a reassessment of the triangular relationship between modernity, democracy and popu- lism. It finds that the latter is not helpfully conceptualized as anti-modernist or anti- democratic but should, instead, be regarded as a predictable feature of the form of politics distinctive of today’s third modernity. Keywords liquid identity, peak democracy, politics of exclusion, second-order emancipation, simulative politics, third modernity Corresponding author: Ingolfur Blu¨hdorn, WU Vienna University of Economics and Business, Welthandelsplatz 1, Vienna 1020, Austria. Email: [email protected] 2 European Journal of Social Theory XX(X) Towards a shift of perspective The ongoing tide of right-wing populism rapidly and profoundly is remoulding the political culture of Western liberal democracies. -
Rethinking Populism: Peak Democracy, Liquid
Article European Journal of Social Theory 2019, Vol. 22(2) 191–211 Rethinking Populism: ª The Author(s) 2018 Peak democracy, liquid Article reuse guidelines: sagepub.com/journals-permissions DOI: 10.1177/1368431017754057 identity and the performance journals.sagepub.com/home/est of sovereignty Ingolfur Blu¨hdorn WU Vienna University of Economics and Business, Vienna, Austria Felix Butzlaff WU Vienna University of Economics and Business, Vienna, Austria Abstract Despite the burgeoning literature on right-wing populism, there is still considerable uncertainty about its causes, its impact on liberal democracies and about promising counter-strategies. Inspired by recent suggestions that (1) the emancipatory left has made a significant contribution to the proliferation of the populist right; and (2) populist movements, rather than challenging the established socio-political order, in fact stabilize and further entrench its logic, this article argues that an adequate understanding of the populist phenomenon necessitates a radical shift of perspective: beyond the democratic and emancipatory norms, which still govern most of the relevant literature. Approaching its subject matter via democratic theory and modernization theory, it undertakes a reassessment of the triangular relationship between modernity, democracy and popu- lism. It finds that the latter is not helpfully conceptualized as anti-modernist or anti- democratic but should, instead, be regarded as a predictable feature of the form of politics distinctive of today’s third modernity. Keywords liquid identity, peak democracy, politics of exclusion, second-order emancipation, simulative politics, third modernity Corresponding author: Ingolfur Blu¨hdorn, WU Vienna University of Economics and Business, Welthandelsplatz 1, Vienna 1020, Austria. Email: [email protected] 192 European Journal of Social Theory 22(2) Towards a shift of perspective The ongoing tide of right-wing populism rapidly and profoundly is remoulding the political culture of Western liberal democracies. -
Bright Mirror: How Latin America Is Enhancing Digital Democracy by Cecilia Nicolini and Matías Bianchi
All views expressed in the Latin America Policy Journal are those of the authors or the interviewees only and do not represent the views of Harvard University, the John F. Kennedy School of Government at Harvard University, the staff of the Latin America Policy Journal, or any associates of the Journal. All errors are authors’ responsibilities. © 2018 by the President and Fellows of Harvard College. All rights reserved. Except as otherwise specified, no article or portion herein is to be reproduced or adapted to other works without the expressed written consent of the editors of the Latin America Policy Journal. Bright Mirror: How Latin America is Enhancing Digital Democracy by Cecilia Nicolini and Matías Bianchi Abstract Digital Democracy has emerged as a phenomenon that aims to transform the entire relation between state and society, potentially being able to fix the current crisis of liberal democracies. Despite the fact that reality is showing that we are far from that technological panacea, many government and social movements are using those tools to empower marginalized actors, to make governments more transparent and accountable, and to make policies more participa- tory. This article unpacks the opportunities and challenges digital democracy has to offer, and reviews specific cases from Latin America in which these tools are being used for improving the quality of democracies. Introduction Digital Democracy Our democracies are outdated. In the In his famous book Polyarchy, Robert Dahl second decade of the 21st century, gov- describes democracy as “the continued ernments seem unable to address the responsiveness of the government to the complex challenges the world is facing, preferences of its citizens, considered as and citizens’ trust in public institutions political equals.”1 Today, we have the tech- is at the lowest point in decades. -
Patterns of Democracy This Page Intentionally Left Blank PATTERNS of DEMOCRACY
Patterns of Democracy This page intentionally left blank PATTERNS OF DEMOCRACY Government Forms and Performance in Thirty-Six Countries SECOND EDITION AREND LIJPHART First edition 1999. Second edition 2012. Copyright © 1999, 2012 by Arend Lijphart. All rights reserved. This book may not be reproduced, in whole or in part, including illustrations, in any form (beyond that copying permitted by Sections 107 and 108 of the US Copyright Law and except by reviewers for the public press), without written permission from the publishers. Yale University Press books may be purchased in quantity for educational, business, or promotional use. For information, please e-mail [email protected] (US offi ce) or [email protected] (UK offi ce). Set in Melior type by Integrated Publishing Solutions, Grand Rapids, Michigan. Printed in the United States of America. Library of Congress Cataloging-in-Publication Data Lijphart, Arend. Patterns of democracy : government forms and performance in thirty-six countries / Arend Lijphart. — 2nd ed. p. cm. Includes bibliographical references and index. ISBN 978-0-300-17202-7 (paperbound : alk. paper) 1. Democracy. 2. Comparative government. I. Title. JC421.L542 2012 320.3—dc23 2012000704 A catalogue record for this book is available from the British Library. This paper meets the requirements of ANSI/NISO Z39.48–1992 (Permanence of Paper). 10 9 8 7 6 5 4 3 2 1 for Gisela and for our grandchildren, Connor, Aidan, Arel, Caio, Senta, and Dorian, in the hope that the twenty-fi rst century—their century—will yet become more -
An Extended Separation of Powers Model As the Theoretical Basis For
An extended separation of powers model as the theoretical basis for the representation of future generations Professor Joerg Chet Tremmel, PhD, PhD [email protected] Version 26 July 20131 forthcoming in: Birnbacher, Dieter / Thorseth, May (ed.) (2014): Roads to Sustainability. London: Earthscan Abstract The growing library on the representation of future generations provides the interested reader with more and more examples of institutions for intergenerational justice, e.g. the Commission for Future Generations in Israel, the Ombudsman for Future Generations in Hungary or the Parliamentary Advisory Council for Sustainable Development in Germany. However, the long-term success of this institutionalisation remains fragile as long as the classical separation of powers model dividing political power into legislative, executive and judicial branches is not called into question. This article argues that the theoretical starting point for any attempts to institutionalise sustainability should be an extension of the ruling model. The century-old separation of powers into three branches as designed by Montesquieu in 1748 is not fitting for modern times. A new four-powers model must include an institutional level that would bring the interests of posterity into the decision-making processes of today. The present demos of the 21st century can negatively affect the living conditions of future demos much more than in earlier times. In the 18th century in the course of the first introduction of democracy in a country in the modern sense of the word (i.e. a country other than an antique polis) the concept of ‘checks and balances’ evolved in the Federalist Papers. It was designed to protect parts of the population against the “tyranny of the majority”. -
The Rule of Law, the Separation of Powers and Judicial Independence in Canada
Chapter 48 The Rule of Law, the Separation of Powers and Judicial Independence in Canada Warren J. Newman* The Constitution of Canada was modelled on the British tradition of unwritten principles and conventions governing the exercise of legal power to produce a constitutional mon- archy, parliamentary democracy, and responsible government, as well as the American paradigm of constitutional supremacy embodied in written provisions, required in turn by the federal rather than unitary structure of the state. This hybrid model is reflected in the Canadian understanding of the rule of law, which is embodied implicitly in the preamble to the Constitution Act, 1867— Canada was to enjoy ‘a Constitution simi- lar in Principle to that of the United Kingdom’—and explicitly in the preamble to the Canadian Charter of Rights and Freedoms (itself a part of the Constitution Act, 1982)— ‘Whereas Canada is founded upon principles which recognize the supremacy of God and the rule of law’. The idea of the rule of law is also intrinsic to provisions such as section 7 of the Charter, guaranteeing the right to life, liberty, and security of the per- son and the right not to be deprived thereof ‘except in accordance with the principles of fundamental justice’; section 15, protecting and expanding upon Dicey’s1 understanding * BA, BCL, LL.B (McGill), LL.M (Osgoode), Ad E; of the Bars of Quebec and Ontario; Senior General Counsel, Constitutional, Administrative and International Law Section, Department of Justice of Canada. The views expressed in this chapter do not bind the Department. 1 Albert Venn Dicey, Introduction to the Study of the Law of the Constitution, 10th ed. -
Fusion of Powers? Building Connections Between the Public Service and the Legislative Branch
Feature Fusion of Powers? Building Connections Between the Public Service and the Legislative Branch As a former legislative intern, the author has had the opportunity to employ the knowledge of the legislative process he gained through his internship to great effect in his current role as a policy analyst with the federal public service. In this article he suggests this type of experience, if more widely available to public servants, could reinforce a sense of appreciation for the principle of parliamentary review, provide insight into how the legislative process can impact policy development, and allow them to develop their political acuity. Adam Walter rom January to June of 2014, I had the unique the non-partisan, professional public service.1 In my opportunity to be part of the British Columbia experience, the knowledge of the legislative process FLegislative Internship Program (BCLIP). This that I gained as a legislative intern has provided six-month program included five weeks working significant value in my career as a policy analyst in the in a Ministry in the British Columbia (BC) Public public service. The purpose of this article is to identify Service, one week working in the constituency office why and how knowledge of the legislative branch of a Member of the Legislative Assembly (MLA), and can be beneficial to public servants, and to identify over four months working within the Legislative opportunities in which current and aspiring public Assembly performing research and analysis for MLAs servants can increase their understanding of it. during the spring legislative session. As a result, I was able to observe the inner workings of the legislature, First, I outline the institutional relationship that the including Question Period, legislative committee legislative and executive branches of government have hearings, and debates on legislation. -
Democratic Culture and Muslim Political Participation in Post-Suharto Indonesia
RELIGIOUS DEMOCRATS: DEMOCRATIC CULTURE AND MUSLIM POLITICAL PARTICIPATION IN POST-SUHARTO INDONESIA DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Political Science at The Ohio State University by Saiful Mujani, MA ***** The Ohio State University 2003 Dissertation Committee: Approved by Professor R. William Liddle, Adviser Professor Bradley M. Richardson Professor Goldie Shabad ___________________________ Adviser Department of Political Science ABSTRACT Most theories about the negative relationship between Islam and democracy rely on an interpretation of the Islamic political tradition. More positive accounts are also anchored in the same tradition, interpreted in a different way. While some scholarship relies on more empirical observation and analysis, there is no single work which systematically demonstrates the relationship between Islam and democracy. This study is an attempt to fill this gap by defining Islam empirically in terms of several components and democracy in terms of the components of democratic culture— social capital, political tolerance, political engagement, political trust, and support for the democratic system—and political participation. The theories which assert that Islam is inimical to democracy are tested by examining the extent to which the Islamic and democratic components are negatively associated. Indonesia was selected for this research as it is the most populous Muslim country in the world, with considerable variation among Muslims in belief and practice. Two national mass surveys were conducted in 2001 and 2002. This study found that Islam defined by two sets of rituals, the networks of Islamic civic engagement, Islamic social identity, and Islamist political orientations (Islamism) does not have a negative association with the components of democracy.