Freedom in the World Report 2020
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And Now This… Brexit: an Overview of the Challenges and Conundrums of Leaving the European Union
And now this… Brexit: An overview of the Challenges and Conundrums of leaving the European Union The last few days have been highly significant in the the Labour MP who voted most often against the ongoing saga of the United Kingdom’s effort to leave party whip. the European Union. Prime Minister Theresa May The only mainstream party who announced on Friday that she are solidly Remain are the would resign on June 7th as Liberal Democrats. They are leader of the Conservative simply too small a party to have Party. There will be a a realistic shot of forming a leadership contest within the government on their own. party to decide a new leader. Friday’s news doesn’t seem to There is no guarantee the new move events in a positive leader of the Conservatives will direction. Does it end up become Prime Minister. The breaking the deadlock? There Conservatives do not have an are no obvious positive overall majority in the House of outcomes. Commons (313/650) and are only in power by virtue of a The British elections for seats in ‘confidence and supply’ agreement with the DUP the European Parliament on Thursday only add further (Democratic Unionist Party - 10 seats) and the refusal complexity. The irony of this is, of course, that of Sinn Féin to take their 7 seats. England’s representatives to the European Parliament will only serve until or if Brexit is executed. The new The new party leader would have to agree to continue far right Brexit Party led by longtime anti-EU that arrangement with the DUP. -
Article the Empire Strikes Back: Brexit, the Irish Peace Process, and The
ARTICLE THE EMPIRE STRIKES BACK: BREXIT, THE IRISH PEACE PROCESS, AND THE LIMITATIONS OF LAW Kieran McEvoy, Anna Bryson, & Amanda Kramer* I. INTRODUCTION ..........................................................610 II. BREXIT, EMPIRE NOSTALGIA, AND THE PEACE PROCESS .......................................................................615 III. ANGLO-IRISH RELATIONS AND THE EUROPEAN UNION ...........................................................................624 IV. THE EU AND THE NORTHERN IRELAND PEACE PROCESS .......................................................................633 V. BREXIT, POLITICAL RELATIONSHIPS AND IDENTITY POLITICS IN NORTHERN IRELAND ....637 VI. BREXIT AND THE “MAINSTREAMING” OF IRISH REUNIFICATION .........................................................643 VII. BREXIT, POLITICAL VIOLENCE AND THE GOVERNANCE OF SECURITY ..................................646 VIII. CONCLUSION: BREXIT AND THE LIMITATIONS OF LAW ...............................................................................657 * The Authors are respectively Professor of Law and Transitional Justice, Senior Lecturer and Lecturer in Law, Queens University Belfast. We would like to acknowledge the comments and advice of a number of colleagues including Colin Harvey, Brian Gormally, Daniel Holder, Rory O’Connell, Gordon Anthony, John Morison, and Chris McCrudden. We would like to thank Alina Utrata, Kevin Hearty, Ashleigh McFeeters, and Órlaith McEvoy for their research assistance. As is detailed below, we would also like to thank the Economic -
The Deal Between the Democratic Unionist Party and the Conservative Party
Supplying confidence or trouble? The deal between the Democratic Unionist Party and the Conservative Party Jon Tonge University of Liverpool Introduction The surprise 2017 General Election result saw one party’s difficulty equate to another’s gain. The outcome produced a dream scenario for the Democratic Unionist Party (DUP) in Northern Ireland. It offered the opportunity, as monopoly supplier of friends to the Conservatives, for the DUP to name its price for propping up a government stripped of its overall majority in the House of Commons. Support from the DUP’s ten MPs offered the Conservatives, on 318 seats, command of the Commons in key votes. Although 326 is the figure most often cited as the number of MPs required to command the 650-seat chamber, the actual figure for the current parliament is 321, when the non-voting status of ten members is taken into account; seven abstentionist Sinn Fein MPs, the Speaker and his two deputies. A deal between the Conservatives and the DUP was confirmed on 26th June, 18 days after the election. Improbably, within 48 hours of the contest, Downing Street had claimed a deal had been reached. This announcement was soon corrected as a ‘mistake’. The speed of that claimed agreement would have been at odds with all previous evidence regarding the DUP’s propensity to drive a hard bargain. When a genuine deal was finally reached, it was a ‘confidence and supply’ arrangement. Although there would be no formal coalition, the DUP agreed to support the Conservative government in key votes, such as the Queen’s Speech, Budget, Brexit and anti-terrorism legislation. -
Australia's System of Government
61 Australia’s system of government Australia is a federation, a constitutional monarchy and a parliamentary democracy. This means that Australia: Has a Queen, who resides in the United Kingdom and is represented in Australia by a Governor-General. Is governed by a ministry headed by the Prime Minister. Has a two-chamber Commonwealth Parliament to make laws. A government, led by the Prime Minister, which must have a majority of seats in the House of Representatives. Has eight State and Territory Parliaments. This model of government is often referred to as the Westminster System, because it derives from the United Kingdom parliament at Westminster. A Federation of States Australia is a federation of six states, each of which was until 1901 a separate British colony. The states – New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania - each have their own governments, which in most respects are very similar to those of the federal government. Each state has a Governor, with a Premier as head of government. Each state also has a two-chambered Parliament, except Queensland which has had only one chamber since 1921. There are also two self-governing territories: the Australian Capital Territory and the Northern Territory. The federal government has no power to override the decisions of state governments except in accordance with the federal Constitution, but it can and does exercise that power over territories. A Constitutional Monarchy Australia is an independent nation, but it shares a monarchy with the United Kingdom and many other countries, including Canada and New Zealand. The Queen is the head of the Commonwealth of Australia, but with her powers delegated to the Governor-General by the Constitution. -
On the Commander-In-Chief Power
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2008 On the Commander-In-Chief Power David Luban Georgetown University Law Center, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 1026302 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/598 http://ssrn.com/abstract=1026302 81 S. Cal. L. Rev. 477-571 (2008) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons ON THE COMMANDER IN CHIEF POWER ∗ DAVID LUBAN BRADBURY: Obviously, the Hamdan decision, Senator, does implicitly recognize that we’re in a war, that the President’s war powers were triggered by the attacks on the country, and that [the] law of war paradigm applies. That’s what the whole case was about. LEAHY: Was the President right or was he wrong? BRADBURY: It’s under the law of war that we . LEAHY: Was the President right or was he wrong? BRADBURY: . hold the President is always right, Senator. —exchange between a U.S. Senator and a Justice Department 1 lawyer ∗ University Professor and Professor of Law and Philosophy, Georgetown University. I owe thanks to John Partridge and Sebastian Kaplan-Sears for excellent research assistance; to Greg Reichberg, Bill Mengel, and Tim Sellers for clarifying several points of American, Roman, and military history; to Marty Lederman for innumerable helpful and critical conversations; and to Vicki Jackson, Paul Kahn, Larry Solum, and Amy Sepinwall for helpful comments on an earlier draft. -
Establishing a Lebanese Senate: Bicameralism and the Third Republic
CDDRL Number 125 August 2012 WORKING PAPERS Establishing a Lebanese Senate: Bicameralism and the Third Republic Elias I. Muhanna Brown University Center on Democracy, Development, and The Rule of Law Freeman Spogli Institute for International Studies Additional working papers appear on CDDRL’s website: http://cddrl.stanford.edu. Working Paper of the Program on Arab Reform and Democracy at CDDRL. About the Program on Arab Reform and Democracy: The Program on Arab Reform and Democracy examines the different social and political dynamics within Arab countries and the evolution of their political systems, focusing on the prospects, conditions, and possible pathways for political reform in the region. This multidisciplinary program brings together both scholars and practitioners - from the policy making, civil society, NGO (non-government organization), media, and political communities - as well as other actors of diverse backgrounds from the Arab world, to consider how democratization and more responsive and accountable governance might be achieved, as a general challenge for the region and within specific Arab countries. The program aims to be a hub for intellectual capital about issues related to good governance and political reform in the Arab world and allowing diverse opinions and voices to be heard. It benefits from the rich input of the academic community at Stanford, from faculty to researchers to graduate students, as well as its partners in the Arab world and Europe. Visit our website: arabreform.stanford.edu Center on Democracy, Development, and The Rule of Law Freeman Spogli Institute for International Studies Stanford University Encina Hall Stanford, CA 94305 Phone: 650-724-7197 Fax: 650-724-2996 http://cddrl.stanford.edu/ About the Center on Democracy, Development, and the Rule of Law (CDDRL) CDDRL was founded by a generous grant from the Bill and Flora Hewlett Foundation in October in 2002 as part of the Stanford Institute for International Studies at Stanford University. -
1 Should the Governor General Be Canada's Head of State?
Should the Governor General be Canada’s Head of State? CES Franks Remarks prepared for the Annual Meeting of the Canadian Study of Parliament Group Ottawa, 26 March 2010. Revised 30 March 2010 In a speech in Paris to UNESCO on 5 October 2009, Canada’s Governor General, Michaëlle Jean, said that: “I, a francophone from the Americas, born in Haiti, who carries in her the history of the slave trade and the emancipation of blacks, at once Québécoise and Canadian, and today before you, Canada's head of state, proudly represents the promises and possibilities of that ideal of society." This seemingly innocuous statement, which it might be thought would have made Canadians proud that their country could be so open, free, and ready to accept and respect able persons regardless of sex, colour, creed, or origins, instead became a matter of controversy and debate. The issue was Mme. Jean’s use of the term “head of state” to describe her position. Former Governor General Adrienne Clarkson had referred to herself as head of state without creating any controversy. Now it was controversial. Prime Minister Harper himself joined in the fray, as did the Monarchist League of Canada, both stating categorically that Queen Elizabeth II of England was Canada’s head of state, while the position of Governor General was as the Queen’s representative in Canada. At the time, the Governor General’s website included several statements such as: “As representative of the Crown and head of State, the Governor General carries out responsibilities with a view to promoting Canadian sovereignty and representing Canada abroad and at home." Within a few weeks these references had been deleted on the insistence of the government. -
The Impact of Multi-Party Government on Parliament-Executive Relations
Paper for ASPG Conference 2011 The Executive vs. Parliament, who wins? The impact of multi-party government on parliament-executive relations. Examples from abroad. Abstract: Following the 2010 federal election that did not produce a clear majority, Julia Gillard decided to govern with a minority of seats. This was to be supported by confidence and supply agreements with the Green‟s only delegate in the House of Representatives and three independent MPs. Media comments and the public debate precluding and following this decision showed the electorate‟s uneasiness with this model of government which is more common in continental Europe. This was evident in particular by the fear of handing over power to four kingmakers who effectively represent only a very small number of citizens. This paper deals with common concerns about multi-party and minority-governments, in particular that they are unstable, that there is no clear string of delegation, that they may facilitate a dictatorship of the smaller party, and that they limit the parliament‟s scope to take the executive to account. It addresses the effect multi-party government has on parliament-executive relations by looking at examples from the United Kingdom and Germany and takes account of the mechanisms used in these countries for setting up and maintaining multi-party government while analysing, how these impact on executive-parliament relations. In Britain with its Westminster influence, parliamentarians in the devolved assemblies in Scotland and Wales have grown slowly accustomed to coalition and minority government. In contrast, Britain‟s current coalition government on a national level has reignited public concerns about the unsuitability of multi-party government for Westminster systems. -
Europe: Fact Sheet on Parliamentary and Presidential Elections
Europe: Fact Sheet on Parliamentary and Presidential Elections July 30, 2021 Congressional Research Service https://crsreports.congress.gov R46858 Europe: Fact Sheet on Parliamentary and Presidential Elections Contents Introduction ..................................................................................................................................... 1 European Elections in 2021 ............................................................................................................. 2 European Parliamentary and Presidential Elections ........................................................................ 3 Figures Figure 1. European Elections Scheduled for 2021 .......................................................................... 3 Tables Table 1. European Parliamentary and Presidential Elections .......................................................... 3 Contacts Author Information .......................................................................................................................... 6 Europe: Fact Sheet on Parliamentary and Presidential Elections Introduction This report provides a map of parliamentary and presidential elections that have been held or are scheduled to hold at the national level in Europe in 2021, and a table of recent and upcoming parliamentary and presidential elections at the national level in Europe. It includes dates for direct elections only, and excludes indirect elections.1 Europe is defined in this product as the fifty countries under the portfolio of the U.S. Department -
Chapter 7 the Presidency
Learning Objectives 7-1 Where Do Presidents 7 Come From? Presidential Comings and Goings THE PRESIDENCY • Identify the most common traits of presidents, the constitutional requirements for the position, and the process by which presidents may be removed from office. 7-2 The Evolution of the American Presidency • Trace the evolution of the presidency from “chief clerk” in the late eighteenth and nineteenth centuries to near dominance over the political system. 7-3 Express Powers and Responsibilities of the distributePresident • Define the formal powers vested in the president under Article II of the Constitution, including the veto, orappointments, the pardon, and commander in chief of the armed forces. The Washington Post / Getty Images President Trump delivers his State of the Union Address in February 2019. 7-4 Implied Powers and Responsibilities of the THE WORLD’S OLDEST CONTINUOUS republican chief executive President office remains the U.S. presidency. Whereas most other countries divide political and symbolic functions among different officials,post, the • Discuss those implied powers of the presidency not Constitution combines both sets of functions into just one office: the spelled out in the Constitution, including the issuing of executive orders and agreements. president of the United States is both head of state and chief executive of the federal government. Unfortunately, the Constitution is deliberately 7-5 Presidential Resources vague on the meaning of the chief executive’s primary responsibility under Article II: To “take Care that the Laws be faithfully executed.” • Describe the other individuals and offices in the executive branch that contribute to the modern For more than a century it was the U.S. -
The UK's CHANGING
Democratic Audit The UK’S CHANGING DEMOCRACY The 2018 Democratic Audit Edited by Patrick Dunleavy, Alice Park and Ros Taylor The UK’S CHANGING DEMOCRACY The 2018 Democratic Audit Edited by Patrick Dunleavy, Alice Park and Ros Taylor Democratic Audit Published by LSE Press 10 Portugal Street London WC2A 2HD press.lse.ac.uk First published 2018 Cover and design: Diana Jarvis Cover image: Union Jack © kycstudio/iStock Printed in the UK by Lightning Source Ltd. ISBN (Paperback): 978-1-909890-44-2 ISBN (PDF): 978-1-909890-46-6 ISBN (ePub): 978-1-909890-47-3 ISBN (Kindle): 978-1-909890-48-0 DOI: https://doi.org/10.31389/book1 Text © Democratic Audit and the individual authors. Images © Democratic Audit and the individual authors or copyright holders attributed in the source information. This work is licensed under the Creative Commons Attribution-NonCommercial- NoDerivs 2.0 UK: England & Wales licence. To view a copy of this licence, go to https://creativecommons.org/licenses/ by-nc/2.0/uk/. This licence allows for copying and distributing the work in any form and to remix, transform, and build upon the material for noncommercial purposes, providing author attribution is clearly stated. Note, copyright restrictions apply to some images; see source information for individual licensing terms, where they differ. This book has been peer-reviewed to ensure high academic standards. For our full publishing ethics policies, see http://press.lse.ac.uk Suggested citation: Dunleavy, P, Park, A and Taylor R (eds), 2018, The UK’s Changing Democracy: The 2018 Democratic Audit, London, LSE Press. -
The Constitution of the United Republic of Tanzania (Cap
THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA (CAP. 2) ARRANGEMENT OF CONTENTS Article Title PREAMBLE CHAPTER ONE THE UNITED REPUBLIC, POLITICAL PARTIES, THE PEOPLE AND THE POLICY OF SOCIALISM AND SELF RELIANCE PART I THE UNITED REPUBLIC AND THE PEOPLE 1. Proclamation of the United Republic. 2. The territory of the United Republic. 3. Declaration of Multi-Party State. 4. Exercise of State Authority of the United Republic. 5. The Franchise. PART II FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY 6. Interpretation. 7. Application of the provisions of Part II. 8. The Government and the People. 9. The pursuit of Ujamaa and Self-Reliance. 10. [Repealed]. 11. Right to work, to educational and other pursuits. PART III BASIC RIGHTS AND DUTIES The Right to Equality 12. Equality of human beings. 13. Equality before the law. The Right to Life 14. The right to life. 15. Right to personal freedom. 16. Right to privacy and personal security. 17. Right to freedom of movement. The Right to Freedom of Conscience 18. The freedom of expression. 19. Right to freedom of religion. 20. Person’s freedom of association. 21. Freedom to participate in public affairs. The Right to Work 22. Right to work. 23. Right to just remuneration. 24. Right to own property. Duties to the Society 25. Duty to participate in work. 26. Duty to abide by the laws of the land. 27. Duty to safeguard public property. 28. Defence of the Nation. General Provisions 29. Fundamental rights and duties. 30. Limitations upon, and enforcement and preservation of basic rights, freedoms and duties.