Search result: 666 articles

x
Article

Split Offer and Homogeneous Response in Belgium

The Conceptual and Empirical Limitations of (De)Nationalization

Journal Politics of the Low Countries, Issue 2 2019
Keywords (de-)nationalization, voting behaviour, party offer, voter response, methodological nationalism
Authors Luana Russo, Kris Deschouwer and Tom Verthé
AbstractAuthor's information

    By examining the Belgian case, this article aims to show that methodological nationalism is strongly present in the literature on nationalization of party offer and voting behaviour. In nationalization studies, Belgium is often presented as a typical example of a denationalized country. This is true for the party offer, as it is de facto split between the two language groups since the 1980s, and therefore also voter response at the national level. However, voter response within each separate subnational party system is very homogeneous and shows interesting differences between these party systems that inform us about important electoral dynamics. We argue, on the basis of our results, that rather than stretching the concept of nationalization, it is preferable and justified to treat the concepts of nationalization of the party offer and homogenization of voter response as analytically distinct and not as two sides of the same coin.


Luana Russo
Luana Russo, Maastricht University.

Kris Deschouwer
Kris Deschouwer, Vrije Universiteit Brussel.

Tom Verthé
Tom Verthé, Ghent University & Vrije Universiteit Brussel.
Article

Fiscal Consolidation in Federal Belgium

Collective Action Problem and Solutions

Journal Politics of the Low Countries, Issue 2 2019
Keywords fiscal consolidation, fiscal policy, federalism, intergovernmental relations, High Council of Finance
Authors Johanna Schnabel
AbstractAuthor's information

    Fiscal consolidation confronts federal states with a collective action problem, especially in federations with a tightly coupled fiscal regime such as Belgium. However, the Belgian federation has successfully solved this collective action problem even though it lacks the political institutions that the literature on dynamic federalism has identified as the main mechanisms through which federal states achieve cooperation across levels of government. This article argues that the regionalization of the party system, on the one hand, and the rationalization of the deficit problem by the High Council of Finance, on the other, are crucial to understand how Belgium was able to solve the collective action problem despite its tightly coupled fiscal regime and particularly high levels of deficits and debts. The article thus emphasizes the importance of compromise and consensus in reducing deficits and debts in federal states.


Johanna Schnabel
School of Politics and International Relations, University of Kent, Rutherford College, Canterbury CT2 7NX, United Kingdom.
Article

What Is Left of the Radical Right?

The Economic Agenda of the Dutch Freedom Party 2006-2017

Journal Politics of the Low Countries, Issue 2 2019
Keywords radical right-wing populist parties, economic policies, welfare chauvinism, populism, deserving poor
Authors Simon Otjes
AbstractAuthor's information

    This article examines the economic agenda of the Dutch Freedom Party. It finds that this party mixes left-wing and right-wing policy positions. This inconsistency can be understood through the group-based account of Ennser-Jedenastik (2016), which proposes that the welfare state agenda of radical right-wing populist parties can be understood in terms of populism, nativism and authoritarianism. Each of these elements is linked to a particular economic policy: economic nativism, which sees the economic interest of natives and foreigners as opposed; economic populism, which seeks to limit economic privileges for the elite; and economic authoritarianism, which sees the interests of deserving and undeserving poor as opposed. By using these different oppositions, radical right-wing populist parties can reconcile left-wing and right-wing positions.


Simon Otjes
Assistant professor of political science at Leiden University and researcher at the Documentation Centre Dutch Political Parties of Groningen University.
Rulings

ECJ 6 December 2018, case C-675/17 (Preindl), Free movement, Other forms of free movement

Ministero della Salute – v – Hannes Preindl, Italian case

Journal European Employment Law Cases, Issue 1 2019
Keywords Free movement, Other forms of free movement
Abstract

Rulings

ECJ 13 December 2018, case C-385/17 (Hein), Paid leave

Torsten Hein – v – Albert Holzkamm GmbH & Co. KG, German case

Journal European Employment Law Cases, Issue 1 2019
Keywords Paid leave
Abstract

Rulings

ECJ 7 February 2019, case C-322/17 (Bogatu), Social insurance

Eugen Bogatu – v – Minister for Social Protection, Irish case

Journal European Employment Law Cases, Issue 1 2019
Keywords Social insurance
Abstract

Rulings

ECJ 28 February 2019, case C-579/17 (BUAK), Social insurance

BUAK Bauarbeiter-Urlaubs- u. Abfertigungskasse – v – Gradbeništvo Korana d.o.o., Austrian case

Journal European Employment Law Cases, Issue 1 2019
Keywords Social insurance
Abstract

Rulings

ECJ 20 November 2018, case C-147/17 (Sindicatul Familia), Working time and leave, Health and safety

Sindicatul Familia Constanţa, Ustinia Cvas and Others – v – Direcția Generală de Asistență Socială și Protecția Copilului Constanța, Romanian case

Journal European Employment Law Cases, Issue 1 2019
Keywords Working time and leave, Health and safety
Abstract

Rulings

ECJ 13 March 2019, case C-437/17 (Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach GmbH), Free movement

Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach GmbH – v – EurothermenResort Bad Schallerbach GmbH, Austrian case

Journal European Employment Law Cases, Issue 1 2019
Keywords Free movement
Abstract

Rulings

ECJ 14 March 2019, case C-372/18 (Dreyer), Social insurance

Ministre de l’Action et des Comptes publics – v – Mr and Mrs Raymond Dreyer, French case

Journal European Employment Law Cases, Issue 1 2019
Keywords Social insurance
Abstract

Rulings

ECJ 24 January 2019, case C-477/17 (EB), Social insurance

Raad van bestuur van de Sociale Verzekeringsbank – v – D. Balandin, I. Lukachenko, Holiday on Ice Services BV, Dutch case

Journal European Employment Law Cases, Issue 1 2019
Keywords Social insurance
Abstract

Article

Constitutional Resilience and Unamendability

Amendment Powers as Mechanisms of Constitutional Resilience

Journal European Journal of Law Reform, Issue 3 2019
Keywords constitutional change, constitutional resilience, unamendability, constitutional identity
Authors Xenophon Contiades and Alkmene Fotiadou
AbstractAuthor's information

    This article aims to explore the relationship between unamendability and constitutional resilience. Inspired by Roznai’s theory on the limits of amendment powers, this article seeks to examine how such limits may function as a mechanism of constitutional resilience exploring how unamendability may impact the resilience of a constitution, allowing it to withstand crises while retaining its core functions. The key question is whether entrenchment enhances resilience through its protective shield or, by contrast, fetters resilience by foreclosing adaptability – what does not bend often breaks. The complex relationship between unamendability and constitutional resilience unfolds in the context of different amendment patterns.


Xenophon Contiades
Xenophon Contiades is Professor of Public Law, Panteion University; Managing Director of the Centre for European Constitutional Law, Athens, Greece.

Alkmene Fotiadou
Alkmene Fotiadou is Research Fellow, Centre for European Constitutional Law.
Article

The Eternity Clause

Lessons from the Czech Example

Journal European Journal of Law Reform, Issue 3 2019
Keywords eternity clause, constitutional amendment, Czech Republic
Authors Ondřej Preuss
AbstractAuthor's information

    This article presents lessons from the Czech example of the so-called Eternity Clause’ i.e. a legal standard declaring certain principles, values or specific constitutional provisions to be unalterable and irrevocable. The Eternity Clause is viewed and applied in the Czech Republic as a substantive legal ‘instrument’ that enables society to preserve its values. It is used to limit practical ‘power’ and to maintain desired values and the political system.
    That the Eternity clause is a practical instrument has already been proved by the Czech Constitutional Court in its famous ‘Melcák’ decision. However, recent developments show that the Czech Constitutional Court is no longer open to such a ‘radical’ approach. Nonetheless, it still seems that the court is prepared to defend the values of liberal democracy, just not in such a spectacular way. It is, therefore, more up to the political actors or the people themselves to use Eternity Clause arguments to protect liberal democracy and its values.


Ondřej Preuss
Faculty of Law, Charles University (preuss@prf.cuni.cz). This article was written under the “Progress 04: Law in a Transforming World” programme.
Article

From Supra-Constitutional Principles to the Misuse of Constituent Power in Israel

Journal European Journal of Law Reform, Issue 3 2019
Keywords unconstitutional constitutional amendment, constitutional law, constitutional principles, constituent power, Israel, judicial review
Authors Suzie Navot and Yaniv Roznai
AbstractAuthor's information

    Israel has no one official document known as ‘the Constitution’ and for nearly half a century was based on the principle of parliamentary sovereignty. Still, since the ‘constitutional revolution’ of the 1990s, Israel’s supreme norms are expressed in its basic laws and laws are subject to judicial review. This situation is the result of the enactment of two basic laws dealing with human rights in 1992 – which included a limitation clause – and of a judicial decision of monumental significance in 1995, the Bank Hamizrahi case. In that decision, the Supreme Court stated that all basic laws – even if not entrenched – have constitutional status, and therefore the currently accepted approach is that the Knesset indeed dons two hats, functioning as both a legislature and a constituent authority. The novelty of the Bank Hamizrahi decision lies in its notion of a permanent, ongoing constituent authority. The Knesset actually holds the powers of a constitutional assembly, and legislation titled ‘Basic-Law’ is the product of constituent power. Though it is neither complete nor perfect, Israel’s constitution – that is, basic laws – addresses a substantial number of the issues covered by formal constitutions of other democratic states. Furthermore, though this formal constitution is weak and limited, it is nonetheless a constitution that defends the most important human rights through effective judicial review.
    Still, given the ease with which changes can be made to basic laws, the special standing of basic laws differs from the standing generally conferred on a constitution. Most basic laws are not entrenched, which means that the Knesset can alter a basic law by a regular majority. Over the past few years, there has been a tendency towards ad casum amendments of basic laws. These amendments are usually adopted against a background of political events that demand an immediate response on the part of the Knesset. The latter then chooses the path of constitutional – not regular – legislation, which is governed by a relatively smooth legislative passage procedure. Even provisional constitutional amendments were passed with relative ease followed by petitions presented to the Supreme Court, arguing that the Knesset’s constituent power is actually being ‘abused’.
    These petitions, as well as Israel’s peculiar constitutional development, presented the Supreme Court with several questions as to the power for judicial review of basic laws. Thus far, the Court’s endorsement of judicial review was based on the limitation clause found in both basic laws on human rights, but limitation clauses do not establish the criteria for a constitutional violation by constitution provisions. Does this mean that the Knesset’s constituent power is omnipotent?
    This article examines the almost unique position of Israeli jurisprudence in relation to the doctrine of ‘unconstitutional constitutional amendments’. It focuses on the possibility of applying the doctrine in the Israeli case laws, the often-raised notion of ‘supra-constitutional’ values that would limit the Knesset’s constituent power, and a third – newly created – doctrine of abuse (or misuse) of constituent power. A central claim of this article is that in light of the unbearable ease with which basic laws can be amended in Israel, there is an increased justification for judicial review of basic laws.


Suzie Navot
Suzie Navot is Full Professor, the Haim Striks School of Law, College of Management Academic Studies, Rishon Lezion.

Yaniv Roznai
Yaniv Roznai is Senior Lecturer, Harry Radzyner Law School, Interdisciplinary Center (IDC) Herzliya.
Article

Limited Constitutional Amendment Powers in Austria?

Journal European Journal of Law Reform, Issue 3 2019
Keywords total revision, amendment, constitutional principles
Authors Manfred Stelzer
AbstractAuthor's information

    In Austria, constitutional amendments can be attained rather easily. A two-thirds majority in parliament allows for engineering constitutional amendments. The Austrian constitution only knows one exception to its flexibility: the principles of the constitution (‘Verfassungsprinzipien’). When the constitutional principles were to be affected by formal amendment in terms of a ‘total revision’ (‘Gesamtänderung’), a higher threshold needs to be met in order to engineer an amendment. In addition to a two-thirds majority in parliament, a referendum is required. Two questions are of particular interest: First, when does a constitutional amendment amount to a total revision and what are its limits? Second, and even more important, which core principles are recognized by the Austrian constitution and what is their content? These questions may be briefly outlined.


Manfred Stelzer
Manfred Stelzer is Professor of Public Law at the University of Vienna.
Article

Unamendability and Constitutional Identity in the Italian Constitutional Experience

Journal European Journal of Law Reform, Issue 3 2019
Keywords Unamendability, constitutional identity, republic, counterlimits, European integration, Italy
Authors Pietro Faraguna
AbstractAuthor's information

    The article explores the historical roots of the explicit unamendable clause(s) in the Italian Constitution. Following, it explores the scholarly debate over the interpretation of unamendable provisions. The article investigates theories of implicit unamendability of the Italian Constitution, and, in particular, it analyses the crucial role played by the Constitutional Court of Italy (ICC) and the principles that characterize Italian constitutional identity. Furthermore, the article explores the other side of constitutional identity, namely the theory of ‘counterlimits.’ The ICC specified that constitutional identity not only sets a limit to constitutional amendment powers but also sets ‘counterlimits’ to the entry of external norms (i.e., supranational and international law) in the domestic legal system. Finally, the article draws some conclusions and argues that the two sides of constitutional identity, although legally and logically independent, mutually reinforce each other and, ultimately, reinforce the counter-majoritarian nature of unamendability.


Pietro Faraguna
Pietro Faraguna is Assistant professor of constitutional law, University of Trieste.
Article

Constitutional Narcissism on the Couch of Psychoanalysis

Constitutional Unamendability in Portugal and Spain

Journal European Journal of Law Reform, Issue 3 2019
Keywords unamendable/ eternity clauses, de jure and de facto constitutional change, constitutional narcissism, foundational design, helicopter founding fathers, constitutional alma mater
Authors Catarina Santos Botelho
AbstractAuthor's information

    Comparing the Portuguese Constitution, which has the longest unamendable clause in the world, with the silence of the Spanish Constitution regarding the language of eternity is indeed a fascinating exercise. Each state’s quantum of constitutional change seems to be quite different. One can wonder how two neighbouring states that share a heavy history of right-wing dictatorships and transitioned to democracy forty years ago opted for such dissimilar constitutional designs. However, appearances are often misleading, and an effort should be done to unveil this curious mismatch.
    Both legal orders suffer from what I call constitutional narcissism, which manifests itself through the urge to perpetuate the foundational constitutional moment. Unamendable clauses (Portugal) and quasi-unamendable clauses (Spain) recast one of constitutional theory’s inner paradoxes: Can the constituent power of the people be petrified in one historical constituent decision and constrain future democratic transitions? And what if a volatile contemporary majority seeks to undermine the democratic process and run against the constitutional DNA achievements of the last centuries?
    Even if the original version of the Portuguese Constitution prohibited several provisions from ever being amended, some of these provisions were indeed modified or removed in the 1989 constitutional amendment process. This occurred without major disagreement from the political organs, scholars, or the judiciary. Therefore, the vexata quaestio remains unanswered: Given their obsolescence or hindrance towards good governance, should entrenchment clauses be eliminated de jure (through a channelled constitutional amendment process, such as the double amendment procedure) or de facto (through a revolutionary process materialized outside of the constitutional framework)?


Catarina Santos Botelho
Assistant Professor and Department Chair of Constitutional Law at the Porto Faculty of Law, Universidade Católica Portuguesa. Email: cbotelho@porto.ucp.pt. I thank Paul Kahn, Nuno Garoupa, Richard Albert, Gonçalo Almeida Ribeiro, Yaniv Roznai, Ana Teresa Ribeiro, and Luís Heleno Terrinha for their very helpful comments.
Article

Constitutional Unamendability in the Nordic Countries

Journal European Journal of Law Reform, Issue 3 2019
Keywords the Nordic constitutions, constitutional unamendability, explicit limits, implicit limits, supra-constitutional limits, review of constitutional amendments
Authors Tuomas Ojanen
AbstractAuthor's information

    With the exception of the Constitution of Norway, the Constitutions of Denmark, Finland, Iceland and Sweden are silent on any substantive limits to the power of constitutional amendment. Until now, the topic of constitutional unamendability has also attracted very little attention in Nordic constitutional scholarship.
    However, some idiosyncrasies making up the identity of the Nordic constitutions, as well as constitutional limits to Nordic participation in European integration, may implicate the existence of some implicit limits to amendment powers. Similarly, international human rights obligations binding upon the Nordic countries, as well as European Union law and European Economic Area law, may impose some external, supra-constitutional limitations on the powers of Nordic constitutional amenders. However, the existence of any implicit or supra-constitutional unamendability is speculative in the current state of evolution of Nordic constitutionalism. This is even more so since the use of constitutional amendment powers are beyond judicial review by the Nordic courts.


Tuomas Ojanen
Tuomas Ojanen is Professor of Constitutional Law, University of Helsinki, contact: tuomas.ojanen@helsinki.fi.

Lech Garlicki
Lech Garlicki is a Former Judge of the European Court of Human Rights and a Professor of constitutional law at the University of Warsaw.

Yaniv Roznai
Yaniv Roznai is Senior Lecturer, Harry Radzyner Law School, IDC Herzliya.
Showing 1 - 20 of 666 results
« 1 3 4 5 6 7 8 9 33 34
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by journal, category or year.