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Luigi Lacchè

History & Constitution

Series: Studien zur europäischen Rechtsgeschichte

Volume 2016

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When history meets the constitution S. 1-14

„… “constitutional” government of the Pope, led me to study constitutionalism and liberalism, constitution and …” „… another perspective, by a Constitution-Treaty. The second framework concerns worldwide constitutionalism …” „… constitutionnel, 68, 2006, 676. 10 History & Constitution feature of the constitutionalism of the Restoration, was …”

I. Constitution and federalism: the Swiss experience S. 15-74

„… Chapter I Constitution and federalism: the Swiss experience Costituzioni e federalismo nella …” „… . Papa, Storia della Svizzera, cit., 28. 18 The Swiss experience L’accordo federativo racchiude in sé …” „… Zeitschrift für Schweizerisches Recht, 110, 1991, n. 1, 385. 20 The Swiss experience Senza dubbio la Svizzera …”

III. Constitution, Monarchy, representative Government: the French experience S. 199-378

„… debates hinged on the significance of granting a constitution, on the general constitutional form which …” „… granted constitution? What model (or, indeed, models)1 informed the constitutional policies of the …” „… à toujours, de la Charte constitutionnelle’. Granted Constitutions 229 England, the future king …”

II. Constitution, Monarchy, popular sovereignty: the Belgian experience S. 75-198

„… Chapter II Constitution, Monarchy, popular sovereignty: the Belgian experience La costituzione …” „… , 15; J.-J. Thonissen, La constitution belge, cit., 113. 98 The Belgian experience dal re, dalla Camera …” „… constitutionnel, t. I, cit., 458). 82 The Belgian experience ‘francocentrica’.25 Tale pretesa derivazione è da …”

IV. Constitutional developments and discourses: the Italian experience S. 379-656

„… Chapter IV Constitutional developments and discourses: the Italian experience Responsabilità …” „… . Necker»). The Oxford English Dictionary (t.VIII, 542) data al 1787 l’uso del sostantivo responsability …” „… attribuendone la paternità all’Hamilton del The Federalist (art. n. 63). Di certo, nel breve intervallo tra il …”

V. Comparative constitutional History and European perspectives S. 657-706

„… . Pernice, Multilevel Constitutionalism and the Treaty of Amsterdam: European Constitution-Making Revisited …” „… , cit., 187 ss.; P. Craig, Constitutions, Constitutionalism and the European Union, in Eur. L. J., 2 …” „… constitution could not draw, other than in a very limited way, on the constitutional traditions of the liberal …”

Titelei/Inhaltsverzeichnis

„… ) History & Constitution Developments in European Constitutionalism: the comparative experience of Italy …” „… 18:05 Luigi Lacchè History & Constitution Developments in European Constitutionalism: the comparative …” „… ... ... ... ... ... ... ... ... 201 Granted Constitutions. The Theory of octroi and Constitutional Experiments in Europe in the …”

doi.org/10.5771/9783465142850

Wolfgang Babeck, Steven Fish, Zeno Reichenbecher - Rewriting a Constitution: Georgia's shift towards Europe

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Wolfgang Babeck, Steven Fish, Zeno Reichenbecher

Rewriting a Constitution: Georgia's shift towards Europe

2012

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The Constitution of Georgia S. 229-274

„… there areno other rules provided by the constitution.appeal to the Court or the Constitutional …” „… inherentlyfrom the principles of the Constitution.Article 401. An individual shall be presumed innocent until the …” „… Constitution,save for:a. within six months from the holding of the elections of the Parliament;a. (shall be enforced …”

The changes to the Constitution in 2004 S. 75-77

„… The changes to the Constitution in 2004In 2004, there was a primary revision of the Constitution …” „… Constitution in 2004was inappropriate both in form and content.Firstly, Article 102.2 of the Constitution was …” „… the public forat least one month as prescribed in Art 102.2 of the Constitution. However, the …”

Suggestions to Chapter 2 of the Constitution S. 129

„… order of the paragraphs.Suggestions to Chapter 2 of the ConstitutionA number of suggestions with respect …” „… reform of the Georgian Constitution which took place inBerlin from 14-16 July 2010. The topic of the …” „… Conference was the draft of the newConstitution of Georgia. The Conference was organized by the GIZ. Experts …”

Conceptual grounds and scopes of revision of the Constitution S. 19-22

„… Constitution.The goal envisaged was full or partial revision of the Constitution. A constitutionalrevision required …” „… Conceptual grounds and scopes of revision of the ConstitutionThe primary task of the State …” „… constitution with the Americanmodel of checks and balances and separation of powers. Notwithstanding the …”

Georgia’s core governance problem with the existing Constitution S. 73-75

„… Constitution, but amongst constitutionalistsin Georgia there was a wide-spread view that the revision of the …” „… systemestablished by the Constitution, such as by exercising checks and balances within thesystem. Instead they are …” „… .Wolfgang Babeck74The changes to the Constitution in 2004In 2004, there was a primary revision of the …”

Constitutional Law of Georgia on the Amendments and Changes to the Constitution of Georgia, 15.10.2010 S. 215-229

„… Appendix 15Constitutional Law of Georgia on the Amendments and Changesto the Constitution of …” „… actions of the Presidentor the Constitutional Court- violation of the Constitution, the Parliament shall …” „… not be countersigned except the cases provided by the Constitution.Appendix 152203. It may not be …”

Appeal of “Our Georgia – Free Democrats” concerning the Draft Constitutional Law on the Amendments and Changes to the Constitution of Georgia of 02.07.2010 S. 165-167

„… Constitutional Law on the Amendments and Changes tothe Constitution of Georgia adopted by the State …” „… on the latestdraft of the amendments to the constitutionWe have also received a few suggestions with …” „… Amendments and Changes to the Constitution of Georgia of 02.07.2010We do hereby declare that the Draft …”

Public Constitutional Commission – Comprehensive Concept of the Revised Constitution of Georgia of 09.04.2010 S. 173-215

„… Appendix 14Public Constitutional Commission – Comprehensive Conceptof the Revised Constitution of …” „… constitution. Respectively, the first and pivotal problem which faced thePublic Constitutional Commission was …” „… the constitution.Such approach has resulted in the essential changes of those chapters of the …”

Order No. 388 of 8 June 2009 of President of Georgia on required activities for forming the Georgian State Constitution Commission S. 149-153

„… formingthe Georgian State Constitution CommissionIn order to prepare draft of the constitutional law …” „… according to the demands of article 102 of theGeorgian Constitution on “Amendments of constitution”:1 …” „… . Georgian State Constitution Commission to be formed (further mentioned as Commission).2. The full professor …”

The long journey to success for the State Constitutional Commission S. 62-64

„… the making of the 1995Constitution, where he was the operational head of the Constitutional Commission …” „… Georgia: A role model for constitutional reform?63over the revision of the Constitution in 1994 and 1995 …” „… theConstitution. In this context, the opposition are the constitutional law experts whoformed the Public …”

Circumventing the Constitutional Commission S. 72-73

„… reformGeorgia’s core governance problem with the existing ConstitutionI first came to Georgia in 1991. Zviad …” „… adoption of the new Constitution, the followingis noteworthy: On 1 July 2011, the Parliament of Georgia …” „… global context earlier in this book.Searching for a rare constitutional momentThe number of changes …”

Key issues in the constitutional revision S. 84-89

„… Constitution regardless, itdevalues the Constitution.In particular, the constitutional courts in most countries …” „… development of its own territorial structure 14 years afterthe adoption of the Constitution.Germany is a good …” „… providing a framework in the Constitution, Abkhazia and/or South Ossetia could have the possibility …”

Decree No 348 of 23 June 2009 of the President of Georgia on Approval of the Charter of the State Constitutional Commission of Georgia S. 153-157

„… parts of the Draft Constitution,invite local or international specialists.Article 5. Structure of the …” „… international legal issue of the Constitution;b) For the issues of legislative power;c) For the issues of the …” „… of the Constitution of Georgia and constitutional heritage ofGeorgia;h) For the analysis of the …”

Set-up and work of the State Constitutional Commission S. 80-84

„… . The repositioning of the ConstitutionalCourt to Batumi also does not need to be in the Constitution …” „… of its own territorial structure 14 years afterthe adoption of the Constitution.Germany is a good …” „… , and with respect to theexperience of other Constitutions, it is recommended that the division of the …”

Annex: Composition of the State Constitutional Commission of Georgia S. 22-24

„… Annex: Composition of the State Constitutional Commission of Georgia19Representatives of the …” „… Constitutional Commission, and the rest members of theCommission were employed on the basis of the written appeal …” „… : Constitutional Reform of 2009/2010 in Georgia – Scopes, Direction and Result23Presented by the President of …”

Titelei/Inhaltsverzeichnis S. 2-12

„… of the ConstitutionV. 19Annex: Composition of the State Constitutional Commission of Georgia 22German …” „… work, but willalso guide other nations in the reform of their respective constitutions.In the South …” „… andAmendments to the Constitution of Georgia adopted by the StateConstitutional Commission on 11 May 2010(can be …”

Comments on the SCC draft dated May 2010 S. 103-129

„… lawmakers might choose to regulate this question in the Constitution.Art. 89 – Constitutional Court2.18.1 …” „… criminal offence. The existing Constitutionprovides for violation of the Constitution as well as commission …” „… numerical order of the paragraphs.Suggestions to Chapter 2 of the ConstitutionA number of suggestions with …”

Article 102 S. 142-144

„… Constitution. Whilst two ballots concerning the amendment of the Constitutionare a welcomed change, the ballots …” „… Constitution.120 Art. 167 par 1 of the Spanish Constitution implies that bills on constitutional amendments …” „… 1977, 1387).Wolfgang Babeck142Oeter made reference to the Spanish Constitution.120 Mr Markert mentioned …”

Stages of activity S. 17-19

„… revision of the ConstitutionThe primary task of the State Constitutional Commission was to establish the …” „… the Constitution and the representative nature of theConstitutional Commission, the demanded quorum …” „… conceptual and philosophical scopes of revision of the Constitution.The goal envisaged was full or partial …”

Article 66 S. 129-130

„… order of the paragraphs.Suggestions to Chapter 2 of the ConstitutionA number of suggestions with respect …” „… reform of the Georgian Constitution which took place inBerlin from 14-16 July 2010. The topic of the …” „… Conference was the draft of the newConstitution of Georgia. The Conference was organized by the GIZ. Experts …”

2004 Constitutional amendments S. 14-16

„… Past constitutional amendmentsSince then, the Constitution has gone through numerous, and at times …” „… Constitution carried out in the followingperiod.2004 Constitutional amendmentsLarge-scale reform of the …” „… Constitution of 1995 was implemented on the basis of a socalled “Constitutional Law” of February 6th, 2004 …”

Wolfgang Babeck – Briefing for the members of the international expert panel in preparation for the Berlin-Conference, 14.07.2010 S. 167-171

„… on the latestdraft of the amendments to the constitutionWe have also received a few suggestions with …” „… constitution in a separate document.We are still expecting draft comments of members of the Venice commission …” „… respect to chapter 2 of the constitution (fundamental rights). These are currently being translated and …”

Introduction S. 13-14

„… , who helpedovercome the “constitutionalism of fear”. Before the adoption of the 1995 Constitution,there …” „… Constitutional amendmentsLarge-scale reform of the Constitution of 1995 was implemented on the basis of a …” „… (1918-1921), Constitutions of 1922,1927, 1937 and 1978 of the Soviet Socialist Republic of Georgia, the …”

Round Table S. 40-41

„… Constitutional Commission decided to leave the responsibility of overseeing the constitutionality of …” „… Constitution.60 Wolfgang Babeck, Comments to the Revision of the Georgian Constitution and the Work of the …” „… State Constitution Commission of Georgia (15 Oct, 2009); Further Comments on the Revision ofthe Georgian Constitution …”

Substance: Democracy-Enhancing Reform S. 46-48

„… constitution incorporatesinvolve shifting power from the president to the legislature and the prime …” „… ; transfer of power from the legislature to the president is morecommon. The 1993 Russian constitution …” „… the same move that Georgiahas. Prominent among them is Kyrgyzstan, which adopted a new constitution …”

Reasons for the establishment and role of the SCC S. 77-80

„… Constitution in 2004 needs to be revisited in this revision of the Constitution. Against this background, the …” „… journey to a new Constitution of Georgia began.In the following three chapters (III-V), you will find my …” „… SCCGiven that the majority in Parliament can pass amendments to the Constitution withoutreference to the …”

The role of the opposition S. 64-65

„… same peopleduring the construction of the 1995 Georgian Constitution,.An important part of constructive …” „… over the revision of the Constitution in 1994 and 1995, Saakashvili is to be congratulated for not …” „… the opposition was of prime importance during the reform of theConstitution. In this context, the …”

Article 67 paragraph 2 S. 130-131

„… suggestion dealt with the deletion of Organic Laws withinthe Georgian Constitution. The third opinion …” „… Constitution, Art. 68 Lithuanian Constitution, Art. 118 par 1 Polish Consitution.Wolfgang Babeck1304.2 The …” „… ConstitutionalCourt.105Article 69The discussion commenced with Article 69. Prof Blankenagel indicated the …”

Process: Extensive Deliberation S. 45-46

„… postauthoritarian constitution-making and constitutional development. Of particular moment are measures that bolster …” „… . Constitution-making and constitution-changing in many polities in transition is often done hastily and without …” „… vote on a constitution that was hastily and superficially revisedby the governing Egyptian Supreme …”

External Experts S. 39-40

„… Constitutional Commission decided to leave the responsibility of overseeing the constitutionality of …” „… Constitution.60 Wolfgang Babeck, Comments to the Revision of the Georgian Constitution and the Work of the …” „… State Constitution Commission of Georgia (15 Oct, 2009); Further Comments on the Revision ofthe Georgian Constitution …”

Review of the interim development processes S. 89-94

„… coherent and provide a balance of power across the Constitution.Among those constitutional instruments …” „… recourse to the ordinary courts. Hence, it appears that the ConstitutionalCourt would be able to deal with …” „… . Georgia would therefore (within the boundariesof the Georgian Constitution) have an opportunity of …”

The Berlin Conference S. 67-72

„… VI.Circumventing the Constitutional CommissionOf the many developments since the adoption of the new Constitution …” „… powers between President, Parliament and Prime Minister in the newGeorgian Constitution may improve …” „… Constitution.22Helpful advice can only be given if the experts can contribute from their in-depthexperiences …”

Impending Challenges S. 55-60

„… revised Georgian constitution,like the constitutions adopted in Lithuania in 1992 and Poland in 1997 …” „… ChallengesConstitutional reform alone cannot ensure the success of open politics. Constitutionalarrangements are only one …” „… revised Georgian constitution, like its Lithuanian and Polish counterparts, does notreduce the president …”

Appendix 3-7 S. 157-159

„… Constitution of Georgiaadopted by the State Constitutional Commission on 11 May 2010(can be found at …” „… Constitution of Georgiaadopted by the State Constitutional Commissionat ist Plenary Session of 19 July 2010(can …” „… Changes andAmendments to the Constitution of Georgiaadopted by the State Constitutional Commissionat the 2 …”

Introduction S. 61-62

„… Constitution, where he was the operational head of the Constitutional Commission2.2.15 My contribution would …” „… constitutionalamendments which will shift the existing super presidential constitutional system towards parliamentary …” „… view. This part of the book will analyse in detailthe reform of the Georgian Constitution from the …”

Comments on the SCC draft dated 4 December 2009 S. 94-100

„… coherent and provide a balance of power across the Constitution.Among those constitutional instruments …” „… provision in Article 56Clause 4. Article 56 of the French Constitution reads as follows:“The Constitutional …” „… Art. 77 of the Uzbek constitution:“Sixteen members of the Senate of the Oliy Majlis of the Republic of …”

Article 56 paragraph 2 S. 129

„… order of the paragraphs.Suggestions to Chapter 2 of the ConstitutionA number of suggestions with respect …” „… reform of the Georgian Constitution which took place inBerlin from 14-16 July 2010. The topic of the …” „… Conference was the draft of the newConstitution of Georgia. The Conference was organized by the GIZ. Experts …”

Past constitutional amendments S. 14

„… Past constitutional amendmentsSince then, the Constitution has gone through numerous, and at times …” „… Constitution carried out in the followingperiod.2004 Constitutional amendmentsLarge-scale reform of the …” „… Constitution of 1995 was implemented on the basis of a socalled “Constitutional Law” of February 6th, 2004 …”

Composition S. 16-17

„… State Constitutional Commission of GeorgiaThe revision of the Constitution was carried out by …” „… Kurashvili);7) Issues of the revision of the Constitution of Georgia and constitutional inheritanceof Georgia …” „… rights, the state bodies referred to in the Constitution and the representatives from the regions holding …”

Further development of the work of the SCC S. 100-103

„… does not have to be regulated in the Constitution.The Senate and mid term electionsIn my last comments …” „… the Georgian Constitutionof 14-16th of July 2010.This draft Constitution strengthens the powers of the …” „… to the revision of the Georgian Constitution, I shared my observations and ideas about mid term …”

Alexander Blankenagel, Bericht über den Runden Tisch zum Thema „Die Reform der georgischen Verfassung von 1995“, 17.12.2009 S. 159-165

„… Constitutional Law on the Amendments and Changes tothe Constitution of Georgia adopted by the State …” „… Amendments and Changes to the Constitution of Georgia of 02.07.2010We do hereby declare that the Draft …” „… are not part of the State ConstitutionalCommission (“Commission”) as an opposition party, we deem it …”

Tighter Constraints on the Executive S. 52-54

„… cooperated in an effort to impeach Yeltsin. But the Russian constitution makes removal of the chief executive …” „… the passage of Russia’s constitution in December 1993, Edward Walker argued: “Unfortunately, the power …” „… andeffectiveness waned. Since the Russian constitution vests so much power in a singlefigure, if is unremarkable …”

Legal “Transplants” or Promoting the Rule of Law? German Contributions to Law and Sustainable Development S. 25-28

„… , 2010, the Georgian Parliament approved several significant amendments to its Constitution. The …” „… voters during mid-term elections.2 The amended Constitution was aimed at redressing this concern. The …” „… and many Soviet laws have been revised. Moreover, the Constitution was amended in 2003/2004 following …”

Assessment and Finalization of the Draft: the “Berlin Conference” S. 41-42

„… and finalize the Draft Georgian Constitution. Participants of theBerlin Conference were distinguished …” „… members of the Georgian Constitution Commission, high ranking Georgian state officials and representatives …” „… modifying the Constitution.63 Such a positive outcome demonstrates how important the discussion and debate …”

Article 69 S. 131-132

„… PrimeMinister in accordance with the rules provided for in Article 80 of the Constitution.”In general all the …” „… in front of the ConstitutionalCourt.105Article 69The discussion commenced with Article 69. Prof …” „… “on the basis of the competences providedby the Constitution”. Prof Fish agreed with the experts and …”

Firmer Regime Legitimacy S. 54-55

„… Yeltsin. But the Russian constitution makes removal of the chief executive from office a nearly impossible …” „… alongwith the popularity of the leader. Writing on the eve of the passage of Russia’s constitution in …” „… ChallengesConstitutional reform alone cannot ensure the success of open politics. Constitutionalarrangements are only one …”

The quest for international advice S. 65-66

„… Georgian Constitution,.An important part of constructive monitoring had been exercised by GYLA, the …” „… including the revision of the various draft reform Constitutions18 as well astaking a delegation to Germany …” „… time companionof law makers in Georgia. It provided comments to the Constitution construction in1995 …”

Conclusion S. 42-44

„… constitutional reforms is considered to be positive. Only time will tell, however, if the new constitution – and …” „… Commission, Final Opinion on the Draft Constitutional Law on Amendments andChanges to the Constitution of …” „… July 21, the Georgian Parliament beganthe necessary procedures towards modifying the Constitution.63 …”

Profiles of contributors S. 275

„… was the Chairman of the State Constitutional Commission during the reform of the Constitution. He also …” „… served as Secretary of the State Constitutional Commission during the making of the 1995 Constitution and …” „… , 2011) Avtandil Demetrashvili is a professor of constitutional law at the Tbilisi State University and …”

Article 70 and Article 5 S. 132-133

„… the rules provided for in Article 80 of the Constitution.”In general all the international experts did …” „… Constitution is made for the longterm future and that such a clause would not be advisable.106 Prof Fish made …” „… EasternEuropean countries the respective constitutions demand at least consent of the government andparliament …”

List of participants of the Berlin Conference, 14.-16.07.2010 S. 171-173

„… Constitution of Georgia of 09.04.2010The Public Constitutional Commission was established on May 1, 2009. The …” „… constitution. Respectively, the first and pivotal problem which faced thePublic Constitutional Commission was …” „… ConstitutionalCommissionAppendix 13172Appendix 14Public Constitutional Commission – Comprehensive Conceptof the Revised …”

Article 731 S. 133-135

„… the constitution or a federal lawfollowing a decision of the constitutional court.111 It is indeed a …” „… EasternEuropean countries the respective constitutions demand at least consent of the government andparliament …” „… Georgian experts believed that the Constitutional Court should be in charge ofdealing with impeachments, as …”

The Advantages of a Strong Legislature: Empirical Evidence S. 48-52

„… level of democracy thatprevailed at the time that constitutions were adopted.7How Do Strong Legislatures …” „… we know about the effect of constitutional arrangements onpolitical regime elsewhere, what might we …” „… Constitutional Development in Comparative Perspective51over the ensuing one-two decades, even accounting for the …”

Article 81 S. 136-140

„… German Constitution.113 According tothe Georgian experts, the President’s role should be more powerful …” „… parties in other parts of theConstitution, rather than attempting to fix the consequences that seem …” „… Constitution. Due to this concern five suggestions to amend the paragraph were made. Thefirst suggestion was …”

Publication of Relevant Material S. 42

„… July 21, the Georgian Parliament beganthe necessary procedures towards modifying the Constitution.63 …” „… the constitution text aswell as other relevant documents, both in German and Georgian.ConclusionOne of …” „… final draft was ratified by the State Constitutional Commission with 44 votes for and 3 against. So, on …”

Amendments concerning Article 70 paragraph 2 S. 132

„… the rules provided for in Article 80 of the Constitution.”In general all the international experts did …” „… Constitution is made for the longterm future and that such a clause would not be advisable.106 Prof Fish made …” „… changes to the Constitutionwith a view to abusing power or to prolonging the term of office”; and …”

Study tour S. 41

„… and finalize the Draft Georgian Constitution. Participants of theBerlin Conference were distinguished …” „… members of the Georgian Constitution Commission, high ranking Georgian state officials and representatives …” „… solutions found in Germany. During a six day trip to Germany,the members of the Constitutional Commission …”

Annex S. 144-148

„… of the Constitution• Mr Vasil Gonashvili, head of working group on foreign systems of constitutions …” „… Commission:• Prof Dr Avtandil Demetrashvili, Chairman of the SCC, former President of theConstitutional Court …” „… of Georgia and Professor of Constitutional Law at the TbilisiState University, Secretary of the SCC …”

Article 89 S. 140-141

„… Constitution. Due to this concern five suggestions to amend the paragraph were made. Thefirst suggestion was …” „… of Parliament (Bundestag) at the beginning of the financial year,Art. 110 German Constitution. That …” „… on a constitutional level.116 The fifth suggestion was to empower the governmentand the President to …”

The dilemma of the Georgian culture of political discussion S. 66-67

„… collective sounding board for the amendmentsof the Constitution. They consequently became the critical eye of …” „… powers between President, Parliament and Prime Minister in the newGeorgian Constitution may improve …” „… constitutionaldocument was not given.Although the involvement of international advisors was a positive component ofthe …”

Article 93 S. 141-142

„… Constitution. Whilst two ballots concerning the amendment of the Constitutionare a welcomed change, the ballots …” „… (Bundestag) at the beginning of the financial year,Art. 110 German Constitution. That bill is then sent to …” „… Law.16.2 Constitutional Court Judge Ms Lali Papiashvili, also noted the challenge of theConstitutional …”

Chapter 71 – Local self government S. 142

„… Constitution. Whilst two ballots concerning the amendment of the Constitutionare a welcomed change, the ballots …” „… Generally the international experts were concerned that Parliament neither had theright to initiate …” „… , nor to change without the consent of government in an area which istraditionally vested within the …”

Conclusion S. 73

„… importantdecision should not have been taken outside of the context of the constitutional reform(and go hand in hand …” „… with local self-governance of the regions).ConclusionThe outcome of the constitutional reform …” „… represents a considerable shift for Georgiatowards Europe. In the constitutional landscape of former …”

Article 813 paragraph 3 S. 140

„… Constitution. Due to this concern five suggestions to amend the paragraph were made. Thefirst suggestion was …” „… on a constitutional level.116 The fifth suggestion was to empower the governmentand the President to …” „… Article 813 paragraph 3Before the discussion regarding Article 813 paragraph 3 commenced, the …”

Article 86 paragraph 2 S. 140

„… Constitution. Due to this concern five suggestions to amend the paragraph were made. Thefirst suggestion was …” „… on a constitutional level.116 The fifth suggestion was to empower the governmentand the President to …” „… Article 813 paragraph 3Before the discussion regarding Article 813 paragraph 3 commenced, the …”

Article 75 paragraph 2 S. 135

„… violation of the constitution or a federal lawfollowing a decision of the constitutional court.111 It is …” „… Article 75 paragraph 2The Georgian experts believed that the Constitutional Court should be in …” „… charge ofdealing with impeachments, as opposed to the Supreme Court. Further discussion concerned the …”

Article 73 S. 133

„… EasternEuropean countries the respective constitutions demand at least consent of the government andparliament …” „… Article 73Prof Oeter commenced the discussions concerning Article 73 paragraph 1 subparagraph a …” „… ) stating that it is necessary to clarify who has the right to conclude internationalagreements and treaties …”

Article 78 paragraph 4 S. 135-136

„… violation of the constitution or a federal lawfollowing a decision of the constitutional court.111 It is …” „… Article 75 paragraph 2The Georgian experts believed that the Constitutional Court should be in …” „… charge ofdealing with impeachments, as opposed to the Supreme Court. Further discussion concerned the …”

Ad-hoc Consultancy S. 37-39

„… Article 42 of the Constitution.Although places in the Commission were allocated to the “non-parliamentary …” „… established a distinct entity called the “Civil Society ConstitutionalCommission”. University professors …” „… the Civil Society ConstitutionalCommission preferred to provide additional comments.The Georgian …”

The four pillars of legal and judicial advice in the South Caucasus S. 32-37

„… mid-1990s,established democratic constitutions and became member states of the EuropeanCouncil and the …” „… Germanlegal experts have been highly involved in the latest constitutional law reforms, as willbe explained in …” „… Support of the Rule of Law – Constitutional Reform in Georgia33with the High School of Justice is one …”

Advice on Legal and Judicial Reform: German Donor Institutions in Developing and Transition Countries S. 28-30

„… LaborStandards, 4 Nov, 2010, Tbilisi Marriot Courtyard.German Support of the Rule of Law – Constitutional Reform …” „… CooperationThe Federal Republic of Germany is constitutionally bound to respect the principle ofthe rule of law29 …” „… coordination”14 – dozens of different donor institutions working in the sameplace, and sometimes even competing …”

Challenges to advice on legal and judicial reform in the South Caucasus S. 30-32

„… Federal Republic of Germany is constitutionally bound to respect the principle ofthe rule of law29 and …” „… , 2010, p.291.German Support of the Rule of Law – Constitutional Reform in Georgia31scriptive. Similarly …” „… constitutional law reforms, as willbe explained in the next chapter.It is important to note that GIZ believes …”

doi.org/10.5771/9783845238333

Björn Gehrmann - Soft Budget Constraints in German Fiscal Federalism

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Björn Gehrmann

Soft Budget Constraints in German Fiscal Federalism

Series: Neue Studien zur Politischen Ökonomie

Volume 9 2010

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The Fiscal Constitution S. 76-88

„… suffers from (Isensee 1990: 596). 2.4 The Fiscal ConstitutionThe iscal constitution of the Federal …” „… Republic of Germany is a mirror image of the federal constitution. It encompasses a vertical division of …” „… iscal constitutions of the Länder.The creation of Germany’s iscal constitution dates back to the days of …”

The Recent Debate about Germany’s Fiscal Constitution S. 89-95

„… ConstitutionSince its inception in 1949, the German Fiscal Constitution has been subject of an ongoing debate in …” „… politics and science. There has been no single moment in German history when the iscal constitution was …” „… German reuniication in 1990, two waves of proposals aiming at a reform of the iscal constitution have …”

Federalism in the Basic Law S. 66-70

„… 662 The German Federal Fiscal Constitution“As a matter of fact, not even the most sophisticated …” „… iscal constitution can eliminate the threat of sovereign bankruptcy which has manifested itself time and …” „… there exist 16 Länder constitutions which each deine, among other things, the division of powers within …”

Principles of Horizontal Federalism in Germany S. 74-76

„… Constitutional Court. The competences of the court are regulated in the constitution. Constitutional courts are …” „… that German federalism suffers from (Isensee 1990: 596). 2.4 The Fiscal ConstitutionThe iscal …” „… constitution of the Federal Republic of Germany is a mirror image of the federal constitution. It encompasses a …”

Interim Summary: Good Fiscal Governance S. 197-198

„… constitutions. The following subsection gives an overview of the legal requirements.6.1 Constitutional Change in …” „… North Rhine-Westphalia, this is stated in Art. 66 of the constitution.However, the law-making process …” „… Basic law and the Länder constitutions. Changes in the municipal code require a new law on the state …”

Interim Summary: Towards Evolutionary Federalism S. 64-66

„… a federal constitution.In contrast, the SGT’s dynamic federalism is based on an evaluation of agency …” „… constitution.662 The German Federal Fiscal Constitution“As a matter of fact, not even the most sophisticated …” „… constitution. Hence, competence assignment is more lexible than in the FGT’s world. The allocation of …”

Five Devices of Corporate Governance S. 165-172

„… , regulatory mechanisms are usually inscribed in a corporate constitution which encompasses the main rules that …” „… govern the day-to-day running of a irm. For instance, the corporate constitution deines size, composition …” „… principles of business. In general the adherence to the principles enshrined in a corporate constitution is …”

Constitutional Change in Germany S. 198-204

„… North Rhine-Westphalia, this is stated in Art. 66 of the constitution.However, the law-making process …” „… Länder constitutions. Changes in the municipal code require a new law on the state level, with the …” „… Article 109 and 115 GG and in the corresponding Articles of the respective Länder constitutions. The …”

Five Devices of Fiscal Governance S. 172-188

„… public sector, the rules of the constitution are enforced by a third party, the Constitutional Court, in …” „… constitution – rules in the iscal constitutionSource: author’s depiction 74 A good example in case is the last …” „… compliance with the provisions of corporate constitutions is – at least in these show cases – quite low. This …”

Principles of Vertical Federalism in Germany S. 70-74

„… are regulated in the constitution. Constitutional courts are autonomous and independent. Judges are …” „… 70outline of Germany’s federal constitution incorporates the innovations brought about by the 2006 …” „… powers (Pietzcker 1987: 704). The Länder constitutions do not explicitly provide their own rules for …”

No Bankruptcy of Corporations under Public Law S. 88-89

„… ConstitutionSince its inception in 1949, the German Fiscal Constitution has been subject of an ongoing debate in …” „… politics and science. There has been no single moment in German history when the iscal constitution was …” „… German reuniication in 1990, two waves of proposals aiming at a reform of the iscal constitution have …”

Concluding Remarks S. 211-214

„… suboptimal. The large extent of codiication of rights and powers in laws and constitutions has led to a …” „… . In such a constitution, the allocation of competences for decision-making in both horizontal and …” „… purpose of such a constitution would be to safeguard the competition for control by reducing possibilities …”

Titelei/Inhaltsverzeichnis S. 2-26

„… Summary 631.3 Interim Summary: Towards Evolutionary Federalism 642 The German Federal Fiscal Constitution …” „… Equality of the Länder 752.3.2 Horizontal Federal Solidarity 752.4 The Fiscal Constitution 762.4.1 The …” „… 882.6 The Recent Debate about Germany’s Fiscal Constitution 892.6.1 Centralization 902.6.2 Institutional …”

The Second Generation Theory S. 44-64

„… conscribed in a federal constitution.In contrast, the SGT’s dynamic federalism is based on an evaluation of …” „… contractual structures that are inscribed in the constitution for the political market (legislative branch) as …” „… between governments, with federal constitutions analogized to the ‘incomplete contracts’ of industrial …”

Public Choice Analysis S. 204-209

„… the iscal constitution depend on the composition of the decisive political bodies. In the case of …” „… enhance the current provisions of the constitution, i.e. how to design debt brakes or new borrowing …” „… state constitutions.Spatial voting on a cardinal scale is used to estimate a possible compromise among …”

Generally Desirable Measures S. 191-193

„… – bankruptcy– abolition of debt inancingCoercion Regulation – rules in the iscal constitutionSource: author’s …” „… systems, transaction-speciic investments are enormous since the layers are linked by the constitution …” „… 1915 Fiscal Governance in a Three-Tiered SystemPublic inance has examined the question of how to …”

The Government-Induced Soft Budget Constraint S. 103-127

„… not random. On the contrary: since federal geography is determined by the constitution, it is …” „… region follow from the federal organisation as prescribed in the constitution. As the case of Bavaria …” „… not random. On the contrary: since federal geography is determined by the constitution, it is …”

Interim Summary: German Federalism – Stable, Static and Stagnating S. 95-98

„… structure of government capable of internalizing all economic externalities subject to the constitutional …” „… of government capable of internalizing all economic externalities subject to the constitutional …” „… government capable of internalizing all economic externalities subject to the constitutional constraint that …”

Six Reform Scenarios S. 195-197

„… : the state of Saxony decided to enshrine the zero debt-rule in its iscal constitution (Frankfurter …” „… Fiscal Federalism is the separation of liability and control on the second and third tier (see chapter 4 …” „… ). The only commonly known tools, bailouts and, on the municipal level, receivership, are rarely applied …”

Measures to Harden Soft Budget Constraints S. 193-195

„… : the state of Saxony decided to enshrine the zero debt-rule in its iscal constitution (Frankfurter …” „… 193executive. They rely on the pressure on the person in control to be removed from ofice: the …” „… higher the risk of replacement, the larger the incentive of the persons in control to respect the …”

Literature S. 215-225

„… Foundations of a Fiscal Constitution. Cambridge: Cambridge University Press.Brennan, G. (1984). Constitutional …” „… Constraints on the Fiscal Powers of Government. In McKenzie, R. (ed.) Constitutional Economics: Containing the …” „… ? – Subsidiarity Costs and the European Constitutional Treaty. Paper presented at the Annual Conference of the …”

The First Generation Theory S. 27-44

„… respective jurisdictional constitutions. Respective citizens serve as regulators. As voters they choose the …” „… 271 The Theory of Fiscal Federalism “In economic terms, federalism represents the optimal form of …” „… analysis of the costs and beneits of federalism in terms of the new economics of organization would be …”

Soft Budget Constraints in Practice S. 130-145

„… the South West German state of Saarland – to the Federal Constitutional Court in order to bring about …” „… the constitutional mandate to provide equal living conditions across the states. Consequently they …” „… Court stressed the constitutional principle of federal solidarity and concluded that a state …”

The Soft Budget Constraint: Definition and Rationale S. 99-103

„… in the case of Berlin the Federal Constitutional Court denied the bailout, in the case of Bremen and …” „… 993 The Soft Budget Constraint: Theory and German Practice“Just like the state has to guarantee the …” „… mere subsistence of its citizens in case of emergency through social transfers, the solidary community …”

Corporate Finance vs. Public Finance S. 148-156

„… ): Constitutional ConstraintsAs was outlined in chapter 3, the major problem underlying the GISBC is ’weak …” „… 1484 Fiscal Governance and the Soft Budget Constraint“So far, incentive theory has been mainly …” „… motivated and applied to private organizations. Yet, in view of the important role played by civil servants …”

Interim Summary: Size Matters S. 145-148

„… . However, the recent Federal Constitutional 147Court’s decision on the bailout of Berlin contradicts the …” „… 145The calculations demonstrate that in both scenarios the municipalities Potsdam, Frankfurt/Oder …” „… in both scenarios. However, political returns for the three investigated cities diminish signiicantly …”

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Gary J. Schmitt, William F. Connelly, Jr., John Pitney - Is Congress Broken?

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Gary J. Schmitt (ed.), William F. Connelly, Jr. (ed.), John Pitney (ed.)

Is Congress Broken?

2017

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The Constitution and Congressional Leadership S. 151-174

„… constitutional system.ConclusionTh e Constitution divided power and created veto points in the legislative pro …” „… 151The U.S. Constitution intentionally starts with the U.S. Congress. In Federalist No. 51, James …” „… Framers of the Constitution sought a strong and eff ective legislature in the wake of the failure of the …”

Congressional Representation and Contemporary Critiques S. 37-56

„… 37One of the most fundamental questions surrounding Congress and the Constitution is repre sen ta …” „… begin at the beginning, with the original debate over the Constitution, and go from there. Con …” „… legislature. Th e Constitution of 1787 was silent about many of the issues related to elections and repre sen …”

A Return to Madisonian Republicanism: Strengthening the Nation's Most Representative Institution S. 213-240

„… proper place in our constitutional system.We can revitalize Congress by remembering the Constitution and …” „… toned down without violating constitu-tional constraints.”99 Madison was the Father of the Constitution …” „… confrontational times thanks, in large part, to the constitutional concrete of Madison’s Constitution. Is our …”

The Other End of Pennsylvania Avenue S. 129-150

„… the Consti-tutional Convention, discussing what a constitution for a pos si ble new state of Kentucky …” „… through college, and generation after gen-eration, is that the Framers of the U.S. Constitution intended …” „… closest to the heart of the legislature’s capacity to check and control policies, the Constitution’s …”

Introduction S. 1-10

„… may, in fact, be regarded as the most complete and eff ectual weapon with which any constitution can …” „… institutional “space” to deliberate as the Constitution’s architects intended republican institutions to do.4 …” „… this volume is that reforms designed to transform the Constitution’s architecture have only deepened …”

Reclaiming Institutional Relevance through Congressional Oversight S. 107-128

„… of the branch as a whole. While the Fram-ers of the Constitution did not lay out a rule for every …” „… , clause 1 of the United States Constitution gives Congress “all legislative Powers herein granted.” While …” „… recognized that, while the Constitu-tion does not spell out an explicit congressional power of oversight …”

Changing House Rules: From Level Playing Field to Partisan Tilt S. 85-106

„… development and the progressive critique of the Constitution and Congress over time.The Found ers’ Congress …” „… mi-norities. James Madison, principal architect of the Constitution, attempted to allay concerns about a …” „… critique” of the Constitution and Con-gress was initially laid out by a young gradu ate student at Johns …”

Contributors S. 241-242

„… Board, and is contribut-ing editor of Th e Imperial Presidency and the Constitution.Daniel Stid is …” „… Constitution.Donald R. Wolfensberger is a resident scholar at the Bipartisan Policy Center and a congressional fellow at …” „… in the Constitutional Order.Daniel J. Palazzolo is department chair and professor of po liti cal …”

Index S. 243-258

„… Congress. See House of Representatives; Senate“Congress, the Constitution, and Contemporary Politics …” „… , 117Congress of the Federation, 88Connally, Tom, 133Connelly, William F., Jr., 29Constitution, U.S …” „… Constitution; specific AmendmentsConstitutional Convention, 88, 131, 134, 139Consumer Financial Protection …”

Return to Deliberation? Politics and Lawmaking in Committee and on the Floor S. 57-84

„… . PalazzoloThe Framers of the U.S. Constitution designed institutions that made deliberation an essential and …” „… , the strug gle between deliberation and politics is as old as the Constitution. Th e institutions were …” „… forms of the constitution.” 44 Yet, a proliferation of interest groups45 and ideological think tanks46 …”

Preface

„… . Marlowe 7 The Other End of Pennsylvania Ave nue 129Gary J. Schmitt and Rebecca Burgess 8 The Constitution …” „… . Pitney Jr. Gary J. SchmittHOW CONGRESS CAN WORK AGAIN WITHIN THE CONSTITUTIONAL SYSTEM Congress for …” „… always been a hallmark of the constitutional system. Going back to the nation’s early decades, Congress …”

Ending the Omnibus: Restoring Regular Order in Congressional Appropriations S. 175-188

„… framing of the American Constitution. James Madison understood that institutions and rules alone would not …” „… misunderstanding that the Constitution requires appropriations bills to be initiated by the House of …” „… 175The annual appropriations pro cess is in a state of collapse, and it is time to take some …”

Political Realism: How Hacks, Machines, Big Money, and Back-Room Deals Can Strengthen American Democracy S. 189-212

„… the Constitution does not provide.When it comes to specifi cs, po liti cal scholars with generally …” „… factor of almost ten the amount that individuals could donate to the national parties for conventions and …” „… certain other purposes. Progressives denounced the mea sure as among “the most corrupting campaign fi …”

Two Pathways to Congressional Reform S. 11-36

„… and enabling it better to meet its responsibilities under the Constitution.” Th e Joint Committee …” „… Congress should be equipped eff ectively to discharge its constitutional functions as one of the three …” „… cal Parties acknowledged that this vision faced an uphill climb in the face of constitutional …”

doi.org/10.5771/9780815730378

Tapani Turkka - The Origins of Parliamentarism

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Tapani Turkka

The Origins of Parliamentarism

Series: Studies in Political Theory

Volume 2 2007

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The locus of constitution S. 119-124

„… constitutionIn regard to the way in which the exercise of state power is constituted as political use of power …” „… which this took place will hereafter be referred to as the locus of its constitution.The one party in …” „… THE CONSTITUTION OF THE EXERCISE OF STATE POWER AS POLITICAL 119One further point of note is this …”

The constitution of political power S. 130-138

„… advent of this element the exercise of state power could proceed on a viable basis.4. The constitution of …” „… experience of the exercise of state power had taught its lesson.THE CONSTITUTION OF THE EXERCISE OF STATE …” „… Constitution. In Britain in the ? rst half of the eighteenth century ministers were each other’s peers, as re …”

A condition on Locke’s doctrine S. 64-72

„… Treatise, that is, the constitution of political power. Focus on this speci? c problem is appropriate to …” „… essential aspect lies in the constitution of the exercise of state power as political use of power. To begin …” „… the constitution of political power. Secondly, attention will be drawn to the contribution of the …”

What is involved? S. 116-119

„… constitutionIn regard to the way in which the exercise of state power is constituted as political use of power …” „… which this took place will hereafter be referred to as the locus of its constitution.The one party in …” „… 116 THE ORIGINS OF PARLIAMENTARISMV The Constitution of the Exercise of State Power as Political1 …”

Conclusion S. 216-221

„… this is meant the constitution of the exercise of state power as political. For the purposes of the …” „… the constitution of the exercise of state power as political use of power took place is here outlined …” „… the evolvement of the premiership as an institution. The process of constitution becomes patent only …”

The Margin S. 155-158

„… , since it was in con? ict with the constitution.95 The establishment of the use of state power as …” „… power relations such as Britain’s constitution did not acknowledge. It made of the system of state power …” „… granting of of? ce and bene? t was contrary to the constitution. His use of these means in retaining …”

The problem of viability S. 124-130

„… take place in the exercise of state power, and when it came it was in the form of the constitution of …” „… the foregoing account of the locus at which the constitution of political power must be concluded to …” „… the exercise of power – its constitution as speci? cally political power – manifested itself as a …”

Objectives of the study S. 21-27

„… Constitution, the Reform Act passed under Disraeli’s government in 1867 “abruptly and ? nally ended the period …” „… , however, Bagehot understood otherwise (The English Constitution, 87; cf. Grey 1858, 25–26): “The principle …” „… summarises, “the ef? cient secret of the Constitution was no longer the fusion of the executive and the …”

The grounds for the motion S. 37-41

„… contravention of Britain’s Constitution.24 Walpole’s consummate in? uence over the affairs of the state was …” „… from the establishment of an institution such as Britain’s Constitution did not recognise. “According …” „… Ministers or Of? cers of State”.32 According to the Constitution every minister was entrusted with his own …”

Meaning at point in time S. 96-101

„… limits of Constitutional change to the restoration of the Ancient Constitution” (ibid.).As reason for the …” „… his Fundamental Constitution of 1690. Thompson draws attention to the dualism in Atwood’s assessment …” „… “the Ancient Constitution would be endangered because the People would be at liberty to alter that …”

Titelei/Inhaltsverzeichnis S. 2-6

„… The Constitution of the Exercise of State Power as Political 116 1. What is involved? 116 2. The locus …” „… of constitution 119 3. The problem of viability 124 4. The constitution of political power 130VI …” „… Hannover)Prof. Dr. Hubertus Buchstein (University of Greifswald)Volume 22.AuflageA Study of Sandys’ MotionThe …”

Long-term structural change S. 57-63

„… the problematique of constitution – a return to the known right state, the mobile vulgus, unrest …” „… PARLIAMENTARISMthat changes were required.”53 As a return the Glorious Revolution made a new constitution unnecessary …” „… the problematique of change is also a matter of the constitution only. For him the revolution was con …”

The opposition perspective S. 180-186

„… of the opposition a turn of events in con? ict with the nation’s constitution.94 It had jeopardised …” „… : “For these early conservatives the “constitution” was in fact England herself, i.e. as a historical …” „… , 232; cf. 210) “the nation gave it (the constitution T.T.) to their deliverer the Prince of Orange; the …”

The state of nature is the state all men are naturally in S. 72-74

„… ? Does not the constitution of political power in this case fall within our scope? In this case it must …” „… Locke’s thinking the constitution of political power proceeds through the theory of property, but as to …” „… obtains in our time. Only thus can the constitution of political power be within our scope – and this in a …”

The government perspective S. 186-194

„… and generally acceptable reasons. The constitution required it. As Walpole himself put the …” „… matter:“Ours is a mixed government, and the perfection of our Constitution consists in this, that the …” „… and kind of it (dependency or corruption) are inseparable from the very nature of the Constitution and …”

Study material and procedure S. 27-33

„… imposes the framework and the conditions. Each era likewise sets the limits within which the constitution …” „… the parliamentary system of government will receive as a result of this constitution. The diversity of …” „… analysis places a different construal on the matter. The constitution of the exercise of state power as …”

Walpole’s reply S. 41-44

„… give an erroneous conception of the matter. According to Britain’s Constitution there was in the …” „… said thereafter, namely that “all those that have true Regard for our Constitution, and for the Rights …” „… and prerogatives of the Crown without which our Constitution cannot be preserved, will be against this …”

Significance in period S. 101-107

„… limits of Constitutional change to the restoration of the Ancient Constitution” (ibid.).As reason for the …” „… his Fundamental Constitution of 1690. Thompson draws attention to the dualism in Atwood’s assessment …” „… “the Ancient Constitution would be endangered because the People would be at liberty to alter that …”

Bibliography S. 222-236

„… ? England 1640–1660. Oxford: Oxford University Press.Bagehot, Walter (1964): The English Constitution. Ed …” „… Paul.Carter, Jennifer (1980): “The Revolution and the Constitution”, in: Geoffrey Holmes (ed.), Britain after …” „… , The English Constitution. London: C. A. Watts & Co. LTD, 1–57. BIBLIOGRAPHY 225Cruickshanks, Evelyn …”

The formation of political power S. 88-93

„… processSince the location of constitution of political power is “that society” – in other words whatever given …” „… relationship men have given themselves over to – this means that the constitution of that power must ever …” „… constitution of political power – considered from the standpoint of the establishment of a standing law as it …”

Return to the acknowledgedly right state of affairs S. 51-57

„… Nenner (1980, 291) “As a happy result the constitution was not only saved; it was returned to its …” „… the problematique of constitution – a return to the known right state, the mobile vulgus, unrest …” „… people” (Carswell 1973, 5). As a brief24 series of constitutional developments the Revolution, when it …”

“A kind of parliamentarism” S. 14-21

„… . Scheffer, who “in his guide to the constitution, frankly abandoned the judicial pretext, and accepted …” „… also understood. For Rousseau the constitution of Sweden in the Age of Liberty was “an exaple of …” „… electorate determines the composition and the main policies of the and for Mably Sweden’s constitution was a …”

The opposition programme S. 194-202

„… liberties which their fellow-countrymen enjoyed under, and owed, to the constitution” (Skinner 1974, 99 …” „… actions of other ministers in the government was contrary to the constitution and as such must be …” „… eliminated.196 The constitution presumed a separation of power between government and Parliament. This, apart …”

Walpole’s programme S. 139-140

„… from the point of view of Britain’s constitution. It recognised no such institution.2 It was a question …” „… . Kenyon 1977, 4) “is the last stand made by any Whig leader to secure major constitutional change on …” „… SUBJECTION TO POLITICAL POWER 139VI Subjection to Political Power1. Walpole’s programmeThe …”

Constraint S. 145-155

„… prime-minister was of their constitution.58 A manifestation of a rival centre of power may be seen in the court …” „… monarch included, contributed each to the constitution of that power as political power. The bases upon …” „… constitutional principle. The sphere of the realities had taken prime place.Equally substantial was the …”

Patterns of power S. 175-177

„… members, nor have contributed to the constitution of the power to which they are subject – the power of …” „… POLITICAL RESPONSIBILITY 1752. The exercise of state power2.1. Patterns of powerThe re-de? nition …” „… of the criteria for legitimacy in the exercise of power constitutes an important component in the …”

The motion S. 34-37

„… Constitution.24 Walpole’s consummate in? uence over the affairs of the state was known “without Doors, as well …” „… Kluxen (1983, 95–96). His observations concern mainly the constitutional aspect of the motion …” „… 34 THE ORIGINS OF PARLIAMENTARISMII Sandys’ Motion 1. The motion In an address to the House of …”

The possibility of realisation of legitimacy S. 164-168

„… 164 THE ORIGINS OF PARLIAMENTARISMwill guarantee its members the greatest possible advantage. Men …” „… to the speci? c objectives for whose achievement other men have already entered in “that society”. To …” „… this possibility, however, Locke sets certain limits.Such must be seen as the import of Locke’s …”

Freedom S. 140-145

„… circumstance of no little signi? cance when we note that according to the Constitution each minister was …” „… made by any Whig leader to secure major constitutional change on behalf of the independence of the …” „… 140 THE ORIGINS OF PARLIAMENTARISMIn this world of factuality the bearer of political power …”

Re-definition of legitimacy S. 168-175

„… ‘we’ in Locke’s doctrine – have had to be relieved of the part in the constitution of political power …” „… 168 THE ORIGINS OF PARLIAMENTARISMment of forms of property.43 All this, moreover, Locke describes …” „… what transpired. Here we must now proceed to answer the question of how the foregoing furnishes a …”

Time-point, era and the longue durée; parliamentarism S. 9-14

„… , constitutionalism (p. 12) was established practice and the monarch was antagonistic to this development, Staaf’s …” „… statement Tessin drew up in the course of an inquiry into constitutional principles.16 On the starker …” „… INTRODUCTION 9I Introduction 1. Time-point, era and the longue durée; parliamentarism In setting …”

Necessity for a discriminative analysis S. 48-51

„… on many levels and in many forms, is seen as the explaining factor underlying constitutional change …” „… this view the decisive phase in the constitutional struggle was reached in the 1620s, when “the …” „… conditions have come to be seen as the essential background to the constitutional catastrophe of the 1620s …”

Formation of the modern concept of revolution S. 45-48

„… limits. Changes will always be con? ned within the framework of constitutional alternatives passed down …” „… GLORIOUS REVOLUTION 47order comprises a cyclic reiteration of the sequence of constitutional con? gurations …” „… political order remained within the bounds of constitutional alternatives already previously witnessed.9 The …”

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