Rethinking Judicial Independence in Democracy and Autocracy
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Judicial Tenure and the Politics of Impeachment
C International Journal for Court Administration International Association For copywriteart.pdf 1 12/20/17 8:30 AM Vol.CourtM Administration 9 No. 2, July 2018 ISSNY 2156-7964 URL: http://www.iacajournal.org CiteCM this as: DOI 10.18352/ijca.260 Copyright: MY CY JudicialCMY Tenure and the Politics of Impeachment - 1 ComparingK the United States and the Philippines David C. Steelman2 Abstract: On May 11, 2018, Maria Lourdes Sereno was removed from office as the Chief Justice of the Supreme Court of the Philippines. She had been a vocal critic of controversial President Rodrigo Duterte, and he had labeled her as an “enemy.” While she was under legislative impeachment investigation, Duterte’s solicitor general filed aquo warranto petition in the Supreme Court to challenge her right to hold office. The Supreme Court responded to that petition by ordering her removal, which her supporters claimed was politically-motivated and possibly unconstitutional. The story of Chief Justice Sereno should give urgency to the need for us to consider the proposition that maintaining the rule of law can be difficult, and that attacks on judicial independence can pose a grave threat to democracy. The article presented here considers the impeachment of Chief Justice David Brock in the American state of New Hampshire in 2000, identifying the most significant institutional causes and consequences of an event that presented a crisis for the judiciary and the state. It offers a case study for the readers of this journal to reflect not only on the removal of Chief Justice Sereno, but also on the kinds of constitutional issues, such as judicial independence, judicial accountability, and separation of powers in any democracy, as arising from in conflicts between the judiciary and another branch of government. -
Comparing the 16Th and 17Th Korean Presidential Elections - Candidate Strengths, Campaign Issues, and Region-Centered Voting -
33 〈特集1 2007年韓国大統領選挙〉 Comparing the 16th and 17th Korean Presidential Elections - Candidate Strengths, Campaign Issues, and Region-Centered Voting - Byoung Kwon Sohn th th Abstract: This article aims at comparing the 16 and 17 presidential elections in terms of the number of major competitive candidates, candidates’ strengths, major campaign issues and the effect of region-centered voting. Among other things, both elections are commonly characterized by the major party’s presidential candidates being selected via U.S. style primary, which had been first adopted in the 2002 presidential election. Rampantly strong region- centered voting pattern counts among continuities as well, while in 2002 the effect of region- centered voting appeared in a somewhat mitigated form. Contrasts, however, loom rather large between the two elections. First, while the 2002 election was a two-way election between NMDP and GNP, the 2007 election was a three-way election among DNP, GNP, and one competitive independent candidate. Second, strong anti-Americanism, relocation of Korean capital, and younger generation’s activism counted among major issues and features in 2002, while in 2007 voters’ anger at the incumbent president and their ardent hope for economic recovery were atop campaign issues. Third, strong as region-centered voting may be across the two elections, its effect was somewhat mitigated in the 2002 presidential election, because NMDP candidate Roh’s hometown was in Pusan, where GNP had traditionally ruled as a regional hegemonic party. Lastly, in 2002 Roh was able to get elected partly due to his image as a reform-oriented, non-mainstream, anti-American stance politician. -
Motion for Reconsideration
REPUBLIC OF THE PHILIPPINES SUPREME COURT MANILA EN BANC REPUBLIC OF THE PHILIPPINES, REPRESENTED BY SOLICITOR GENERAL JOSE C. CALIDA, Petitioner, – versus – CHIEF JUSTICE MARIA LOURDES P.A. G.R. No. SERENO, 237428 For: Quo Warranto Respondent. Senators LEILA M. DE LIMA and ANTONIO “SONNY” F. TRILLANES IV, Movant-Intervenors. x-------------------------------------------------------------------x MOTION FOR RECONSIDERATION Movant-intervenors, Senators LEILA M. DE LIMA and ANTONIO “SONNY” F. TRILLANES IV, through undersigned counsel, respectfully state that: 1. On 29 May 2018, Movant-intervenors, in such capacity, requested and obtained a copy of the Decision of the Supreme Court dated 11 May 2018, by which eight members of the Court voted to grant the Petition for Quo Warranto, resulting in the ouster of Chief Justice Maria Lourdes P.A. Sereno. 2. The Supreme Court’s majority decision, penned by Justice Tijam, ruled that: 2.1. There are no grounds to grant the motion for inhibition filed by respondent Chief Justice Sereno; 2.2. Impeachment is not an exclusive means for the removal of an impeachable public official; MOTION FOR RECONSIDERATION Republic of the Philippines v. Sereno G.R. No. 237428 Page 2 of 25 2.3. The instant Petition for Quo Warranto could proceed independently and simultaneously with an impeachment; 2.4. The Supreme Court’s taking cognizance of the Petition for Quo Warranto is not violative of the doctrine of separation of powers; 2.5. The Petition is not dismissable on the Ground of Prescription, as “[p]rescription does not lie against the State”; and 2.6. The Petitioner sufficiently proved that Respondent violated the SALN Law, and such failure amounts to proof of lack of integrity of the Respondent to be considered, much less nominated appointed, as Chief Justice by the Judicial and Bar Council and the President of Republic, respectively. -
Regionalism in South Korean National Assembly Elections
Regionalism in South Korean National Assembly Elections: A Vote Components Analysis of Electoral Change* Eric C. Browne and Sunwoong Kim Department of Political Science Department of Economics University of Wisconsin-Milwaukee University of Wisconsin- Milwaukee [email protected] [email protected] July 2003 * This paper was originally presented at the Annual Meeting of the American Political Science Association, San Francisco, 29 August – 2 September, 2001. We acknowledge useful comments and suggestions by the session participants, Ronald Weber and anonymous referees. Abstract We analyze emerging regionalism in South Korean electoral politics by developing a “Vote Components Analysis” and applying this technique to data from the eleven South Korean National Assembly elections held between 1963 and 2000. This methodology allows us to decompose the change in voting support for a party into separate effects that include measurement of an idiosyncratic regional component. The analysis documents a pronounced and deepening regionalism in South Korean politics since 1988 when democratic reforms of the electoral system were fully implemented. However, our results also indicate that regional voters are quite responsive to changes in the coalitions formed by their political leaders but not to the apparent mistreatment of, or lack of resource allocations to, specific regions. Further, regionalism does not appear to stem from age-old rivalries between the regions but rather from the confidence of regional voters in the ability of their “favorite sons” to protect their interests and benefit their regions. JEL Classification: N9, R5 Keywords: Regionalism, South Korea, Elections, Vote Components Analysis 2 1. INTRODUCTION The history of a very large number of modern nation-states documents a cyclical pattern of territorial incorporation and disincorporation in their political development. -
Power of Partnership: 50+ Years of USAID in the Philippines
POWER OF PARTNERSHIP 50+ YEARS OF USAID IN THE PHILIPPINES POWER OF PARTNERSHIP 50+ YEARS OF USAID IN THE PHILIPPINES Copyright 2017 by United States Agency for International Development (USAID) Philippines. U.S. Embassy, 1201 Roxas Boulevard Ermita, Manila, Philippines Postal Code - M 1000 Phone +63 (2) 301-6000 Fax +63 (2) 301-6213 ABOUT THE PHOTO SPREAD Students of Sto. Niño Central Honored here are the individuals, families, Elementary School in South Cotabato pose with their school communities and partners — both Filipino principal. USAID helped strengthen the capacity of teachers in more and American — that have worked tirelessly than 660 primary schools in to build a brighter future for the Philippines. Mindanao. USAID partnered with the Philippine Department of Education, corporations, foundations and non-governmental organizations to build the foundational reading and numeracy skills of young students. RIGHT PHOTO The Bohol local government and community members in Buenavista have been successfully co-managing the Cambuhat River Village Tour and Oyster Farm. USAID helped train local leaders about the value of partnerships in sustainable development. ACKNOWLEDGMENTS USAID would like to thank the following people, organizations and agencies for sharing their time, expertise and insights to make this book possible. We are eternally grateful for their valuable contribution. Partners, beneficiaries, employees and friends of USAID who generously shared their experiences and perspectives, including:* USAID Projects – Accelerating Growth -
Presidential Instability in a Developing Country: Reassessing South Korean Politics from a State-Society Relations Perspective
Syracuse University SURFACE Dissertations - ALL SURFACE June 2017 Presidential Instability in a Developing Country: Reassessing South Korean Politics from a State-Society Relations Perspective Kyung-hwa Kim Syracuse University Follow this and additional works at: https://surface.syr.edu/etd Part of the Social and Behavioral Sciences Commons Recommended Citation Kim, Kyung-hwa, "Presidential Instability in a Developing Country: Reassessing South Korean Politics from a State-Society Relations Perspective" (2017). Dissertations - ALL. 711. https://surface.syr.edu/etd/711 This Dissertation is brought to you for free and open access by the SURFACE at SURFACE. It has been accepted for inclusion in Dissertations - ALL by an authorized administrator of SURFACE. For more information, please contact [email protected]. ABSTRACT This study attempts to explain why ALL of South Korean presidents, without exception and notwithstanding their individual major contributions to the process of Korea’s development, have fallen victim to disgraceful downfalls. For the analysis, I employ S.N. Sangmpam’s middle-range theory that establishes a causal link between society-rooted politics and political outcomes. Building on his analytical frameworks that non-Western countries are characterized by over-politicization in politics as a function of social context, I argue that patterned downfalls of all Korean presidents are an institutional outcome of over-politicization in Korean politics, which is itself a function of not fully entrenched capitalist society. In support of my thesis, I test three hypotheses. Hypotheses one and two posit Korea’s tenacious traditional and cultural traits as an internal modifier of capitalism and the nation’s dependent nature of its relationships with the United States and Japan as an external factor that prevented capitalist entrenchment in Korean society. -
Southeast Asia from the Corner of 18Th & K Streets
Chair for Southeast Asia Studies Southeast Asia from the Corner of 18th & K Streets Volume III | Issue 23| December 6, 2012 Aligning U.S. Structures, Process, and Strategy: A U.S.-ASEAN Strategic and Inside This Issue the week that was Economic Partnership ernest z. bower • Myanmar government takes action against copper mine protesters Ernest Z. Bower is senior adviser and holds the Chair for Southeast Asia Studies at the Center for Strategic and International Studies • Indonesian vice president Boediono faces in Washington, D.C. unlikely impeachment • Thai prime minister Yingluck Shinawatra December 6, 2012 survives no-confidence vote looking ahead The transition between President Barack Obama’s first and second terms is the right time to develop a U.S.-ASEAN Strategic and Economic • Discussion on climate change and development Partnership (SEP). The move would serve to elevate and institutionalize in Thailand existing U.S.-ASEAN engagements. It would also compel U.S. departments • Hugh White on Australia in the “Asian Century” and agencies that have been compartmentalized and uncoordinated to raise their levels of engagement, share information, and align government • Banyan Tree Leadership Forum with Philippine mandates with strategic objectives. Chief Justice Maria Lourdes Sereno President Obama made dual commitments with his ASEAN counterparts at the fourth U.S.-ASEAN Leaders’ Meeting in Phnom Penh in November— to convert that forum into a summit, thereby indicating that the U.S. president will participate annually, and to raise the U.S.-ASEAN relationship to the “strategic level.” Creating the SEP could create a foundation for the president’s Asia Pacific policy in his second term. -
~Upreme <!L:Ourt
l\epublic of tbe tlbilippines ~upreme <!l:ourt ;fflanila EN BANC REPUBLIC of the PHILIPPINES, G.R. No. 237428 represented by SOLICITOR GENERAL JOSE C. CALIDA, Petitioner, Present: SERENO, C.J.,* CARPIO, VELASCO, JR., LEONARDO-DE CASTRO, PERALTA, BERSAMIN, DEL CASTILLO, PERLAS-BERNABE, - versus - LEONEN, JARDELEZA, CAGUIOA, MARTIRES, TIJAM, REYES, JR., and GESMUNDO, JJ. Promulgated: MARIA LOURDES P.A. SERENO Respondent. May 11, 20~ x---------------------------------------------------------~--------------------x DECISION TIJAM, J.: Whoever walks in integrity and with moral character walks securely, but he who takes a crooked way will be discovered and punished. -The Holy Bible, Proverbs 10:9 (AMP) 'No Part. Decision 2 G.R. No. 237428 Integrity has, at all times, been stressed to be one of the required qualifications of a judge. It is not a new concept in the vocation of administering and dispensing justice. In the early l 600's, Francis Bacon, a philosopher, statesman, and jurist, in his "Essay L VI: Of Judicature" said - "'[a]bove all things, integrity is the Judge's portion and proper virtue." Neither is integrity a complex concept necessitating esoteric philosophical disquisitions to be understood. Simply, it is a qualification of being honest, truthful, and having steadfast adherence to moral and ethical principles. 1 Integrity connotes being consistent - doing the right thing in accordance with the law and ethical standards everytime. Hence, every judicial officer in any society is required to comply, not only with the laws and legislations, but with codes and canons of conduct and ethical standards as well, without derogation. As Thomas Jefferson remarked, "it is of great importance to set a resolution, never not to be shaken, never to tell an untruth. -
North Korea in Transition
KOREA RESEARCH MONOGRAPH 16 INSTITUTE OF EAST ASIAN STUDIES UNIVERSITY OF CALIFORNIA AT BERKELEY CKS CENTER FOR KOREAN STUDIES North Korea in Transition EDITED BY Chong-Sik Lee and Se-Hee Yoo sC^-\r^)s INTERNATIONAL AND AREA STUDIES Richard Buxbaum, Dean International and Area Studies at the University of California, Berkeley, comprises four groups: international and comparative studies, area studies, teaching programs, and services to international programs. INSTITUTE OF EAST ASIAN STUDIES UNIVERSITY OF CALIFORNIA, BERKELEY The Institute of East Asian Studies, now a part of Berkeley International and Area Studies, was established at the University of California at Berkeley in the fall of 1978 to promote research and teaching on the cultures and societies of China, lapan, and Korea. It amalgamates the following research and instructional centers and pro grams: the Center for Chinese Studies, the Center for Japanese Studies, the Center for Korean Studies, the Group in Asian Studies, and the East Asia National Resource Center. INSTITUTE OF EAST ASIAN STUDIES Director: Frederic E. Wakeman, Jr. Assistant Director: Joan P. Kask Executive Committee: Mary Elizabeth Berry Thomas Gold Thomas Havens Joan P. Kask Hong Yimg Lee Jeffrey Riegel Ting Pang-hsin Wen-hsin Yeh CENTER FOR CHINESE STUDIES Chair: Wen-hsin Yeh CENTER FOR JAPANESE STUDIES Chair: Mary Elizabeth Berry CENTER FOR KOREAN STUDIES Chair: Hong Yung Lee GROUP IN ASIAN STUDIES Chair: Robert Reed EAST ASIA NATIONAL RESOURCE CENTER Director: Frederic E. Wakeman, Jr. Cover design by Wolfgang Lederer Art by Sei-Kwan Sohn North Korea in Transition To Robert and Dee Scalapino with our thanks KOREA RESEARCH MONOGRAPH 16 INSTITUTE OF EAST ASIAN STUDIES UNIVERSITY OF CALIFORNIA AT BERKELEY CKS CENTER FOR KOREAN STUDIES North Korea in Transition EDITED BY Chong-Sik Lee and Se-Hee Yoo A publicationof the Institute of East Asian Studies, Universityof Californiaat Berkeley. -
Map of Egyptian Political Parties (2011-11-17)
El#Fadyla# Party# El#Asala# El#Nour# Religious# Party# Map$of$Egyp*an$$ Buidling#&# Party# Development# poli*cal$par*es$ Party# First&Phase&of& Islamist&Alliance& Islamic# #Egypt# Equality#&# Revolu?on# Jus?ce#Party# Parliamentary&Elec3ons& Labour#Party# Egyp?an# Party# (28&November2011)! Revolu?on## Egyp?an#Arab# Democra3c& Socialists# Alliance& Federa?on# Conserva?ves# $ Party## Party# Peace## Reform#and# Freedom#and# Jus?ce#Party# Democra?ic# Renaissance# Reform#&# Party## Development# Free#Egypt# Party# Party# Civiliza?on#Party# Human#Rights# Comple3ng& #Altyar#Party## and#Ci?zenship# Revolu3on& Alliance& Egyp?an# Wafd# Na?onal# Ci?zen# Party# El#Wasat# El`Adl# Party## Party# LeA## Right## Revolu?onary# New# Free## The# Cons?tu?onal## Guards## Karama# El#Ghad# Indipendent# Modern# Socialist# Party## Party# Popular# Egypt#Party## Alliance## Egyp?an# Allliance#Party# Nasserist# 12#Poli?cal#Islam#par?es# # Egyp?an# Equality#&# Party## Alwa i# Socialist# Development# 9##Former#NDP#members`#par?es## Party# Party## Democra?c# Tagammu’# Front# 2#Nasserist#par?es## 2#Socialist/Communist#par?es# Social# 5#CenterSLeA#par?es Democra?c# # Party# 6#Center#par?es## 41#poli?cal#par?es## 5 Liberal parties # ### Masr# 36$new$poli*cal$par*es#aAer#25# Alhuryya# Free# Egyp?ans# Egyp3an&Bloc& January#Revolu?on#### Updated:#17.11.2011# Party# # # Secular## # 1 List of political formations with basic information FANS Alliance Leader or Candidates in the Website Registrat PARTY (Faceb ion prominent Notes following governorates: ook) figures Yes Cairo / -
Committee Daily Bulletin
CCoommmmiitttteeee DDaaiillyy BBuulllleettiinn 17th Congress A publication of the Committee Affairs Department Vol. II No. 67 Second Regular Session January 15, 2018 COMMITTEE MEETING MEASURES COMMITTEE PRINCIPAL SUBJECT MATTER ACTION TAKEN/DISCUSSION NO. AUTHOR Higher and Substitute Reps. Biazon Creating an advanced studies The Committee, chaired by Rep. Ann Hofer (2nd Technical Bill to HBs and Vargas development program for exceptional District, Zamboanga Sibugay), approved the Education 1707 & 5608 employees from the government and substitute bill and the corresponding Committee the private sector Report, subject to style and amendment. HB 4254 Rep. Belaro Providing for an annual research The Committee approved HB 4254 subject to style competition among colleges and and amendment. universities Substitute Reps. Unico Converting the Camarines Norte State The Committee approved the substitute bill and the Bill to HBs and Panotes College (CNSC) in the Municipality of corresponding Committee Report, subject to style 637 & 6416 Daet, Province of Camarines Norte into and amendment. a state university to be known as the Camarines Norte State University A joint ocular inspection and evaluation of the CNSC (CNSU) and appropriating funds will be conducted by the Committee and the therefor Commission on Higher Education (CHED). HBs 6003 & Reps. Belaro Providing for the establishment of a The Committee approved the two bills and the 6778 and Mercado Technical Education and Skills corresponding Committee Reports. The bills will be Development Authority (TESDA) referred to the Committee on Appropriations for training centers in the Municipality of review of their funding provisions. Goa, Camarines Sur and in the City of Maasin, Southern Leyte, and appropriating funds therefor HB 1093 Rep. -
State of the Nation Address of His Excellency Benigno S. Aquino III President of the Philippines to the Congress of the Philippines
State of the Nation Address of His Excellency Benigno S. Aquino III President of the Philippines To the Congress of the Philippines [This is an English translation of the speech delivered at the Session Hall of the House of Representatives, Batasang Pambansa Complex, Quezon City, on July 27, 2015] Thank you, everyone. Please sit down. Before I begin, I would first like to apologize. I wasn’t able to do the traditional processional walk, or shake the hands of those who were going to receive me, as I am not feeling too well right now. Vice President Jejomar Binay; Former Presidents Fidel Valdez Ramos and Joseph Ejercito Estrada; Senate President Franklin Drilon and members of the Senate; Speaker Feliciano Belmonte, Jr. and members of the House of Representatives; Chief Justice Maria Lourdes Sereno and our Justices of the Supreme Court; distinguished members of the diplomatic corps; members of the Cabinet; local government officials; members of the military, police, and other uniformed services; my fellow public servants; and, to my Bosses, my beloved countrymen: Good afternoon to you all. [Applause] This is my sixth SONA. Once again, I face Congress and our countrymen to report on the state of our nation. More than five years have passed since we put a stop to the culture of “wang-wang,” not only in our streets, but in society at large; since we formally took an oath to fight corruption to eradicate poverty; and since the Filipino people, our bosses, learned how to hope once more. My bosses, this is the story of our journey along the Straight Path.