Rebuilding Indigenous nations through constitutional development: a case study of the Métis in Canada

For the Métis Nation in Canada, self‐government remains the ‘essence of the struggle’ for which their political leader, Louis Riel, sacrificed his life in 1885. As one of Canada's founding peoples, the Métis have sought to reclaim their Indigenous right to self‐government by establishing democratic governance bodies, enhancing their economic capacity and pursuing state recognition of their rights. In addition to these efforts, the Métis have been developing a national constitution, which is anticipated to form the basis of a government to government relationship between the Métis Nation and the Canadian state. Through a case study of the Métis, this article explores the role of contemporary constitution‐building in rebuilding Indigenous nations from within and reclaiming self‐government in settler societies. We conclude that the Métis Nation's pursuit of these goals through constitutionalism will depend on its ability to build legitimacy internally amongst its citizens and externally with state decision‐makers.     

Government funding of non-governmental organisations and the implied freedom of political communication: The constitutionality of gag clauses

Provisions in government funding agreements with non-governmental organisations (NGOs) may constrain the ability of these organisations to contribute to political debate. NGOs perceive risks to their funding if they criticise government policy. Such organisations play a significant role in the democratic process, and this article examines the applicability of the constitutional freedom of political communication to ‘gag clauses’. Australian courts have not considered the constitutional freedom in this context, but the Supreme Court of the United States has considered the question in relation to the First Amendment. The article shows what can be learned from American jurisprudence and Australian case law in order to challenge such provisions.

政府与非政府组织的资助协议中的条款约束了这些组织进行政治辩论的能力。非政府组织如果批评政府的政策就会感到资助受到威胁。非政府组织在民主过程中扮演了重要的角色,本文政治探讨了交流的宪政自由能否适用于“钳口条款”。澳大利亚法庭没有处理过此类宪政自由的案子,不过美国高等法庭倒是处理过和第一修正案相关的问题。本文分析了可以从美国的司法以及澳大利亚的案例法中学到什么,以挑战这类条款。     

Resisting Bodies: Narratives of Italian Partisan Women

The second part of 2015 Pulitzer Prize winning author David I. Kertzer's interview with the Italian political leader Romano Prodi covers the period from the fall of Prodi's first government in 1998. Starting with the causes of the 1998 crisis, the discussion follows Prodi's subsequent career as President of the European Commission (1999–2004), the introduction of the Euro, the expansion of the EU, and the attempts to introduce a new European constitution, before moving to the second Prodi government (2006–08). Describing his subsequent role as UN Special Envoy for the Sahel and his candidacy in the 2013 Italian presidential elections, Italy's former Prime Minister reflects more widely on the current state of European and Italian politics.     

浅谈我国人权的宪法保障

人权保护是一项国际性的伟大事业,我国历来重视对人权的保护.但是,我国宪法对人权的保护虽然基本形成了较为完整的科学体系,有些权利却仍然需要补充和完善.     

Pathways of confinement: the legal constitution of carceral spaces in France’s social housing estates

This paper analyzes the enactment and evolution of article L.126 of the Code of Construction and Housing (CCH) in France and demonstrates the careful ways lawmakers have redefined ‘common areas’ in social housing estates as carceral spaces. It argues that such transformation has inserted these areas into a ‘carceral continuum’ that facilitates the arrest, prosecution and confinement of young people ‘hanging out’ in ‘common areas’. Drawing on the work of legal geographers on the co-constitutive relationship of law and space, and urban and carceral geographers exploring the criminalization of urban space and the extension of the carceral state, the paper illustrates how the pathways of confinement are legally constituted. The legal process documented here seeks to highlight the law’s meaning-making capacity and the complex legal practices – by actors and institutions located at multiple scales – which significantly condition urban practices and relationships. The analysis suggests, finally, that law’s constitutive power has limits that are brought to the fore by anti-police violence struggles. Pathways of confinement are, thus, fragile networks dependent upon the ongoing enactments, discourses, and practices by lawmakers and law-enforcers.     

Devolution and Parliamentary Representation: The Case of the Scotland and Wales Bill, 1976–7

For as long as devolution has been debated in the UK, there has been fierce discussion as to the representation of the would‐be affected areas at Westminster. That this has been the case is a consequence of Westminster's dual remit as both a state‐wide and a sub‐state legislature. While this dual remit was relatively straightforward when applied to all nations of the UK, it does, however, raise serious questions about the equality of MPs at Westminster in the face of asymmetric devolution that would carve out parliament's remit in some, but not all, parts of the UK. These questions bedevilled Gladstone's Irish Home Rule Bills in the late 19th century and have been a recurrent feature of debate following New Labour's devolution programme in the late 1990s, culminating in the adoption of a system of ‘English Votes for English Laws’ by the house of commons in October 2015. This article looks at this issue through the lens of the ill‐fated Scotland and Wales Bill introduced by the Callaghan government in 1976. It explores the roots of the bill and how, and why, the idea of referring the question of territorial representation, post‐devolution, to a Speaker's conference, came to secure the initial support of cabinet as the best answer to this problem, and why the government swiftly changed its mind. Parliamentary statecraft considerations served to push a Speaker's conference onto the institutional agenda, before ultimately dooming it to failure.     

Mouzinho da Silveira and the Political Culture of Portuguese Liberalism, 1820–1832

Summary

Liberalism as an identity and as a political ideology was non-existent in Portugal, as in most of the countries of Ibero-America, before the beginning of the nineteenth century. But the semantic development of the term ‘liberal’ in Portuguese underwent a clear and rapid mutation in the following decades. It became associated with specific meanings in relation to constitutional issues and civil law matters. While the former prevailed between 1820 and 1823, the latter were dominant in the writings of Mouzinho da Silveira and his Civil War legislation of 1832 to 1834.     

A pragmatic conservatism. Montesquieu and the framing of the Belgian constitution (1830–1831)

In 1830, members of the Belgian National Congress asserted that they would not attempt to create an ideal constitution. Rather, they wanted to frame a constitution which would take the existing order into account, which would be adapted to Belgian manners and customs. Their ‘pragmatic conservatism’, as it can be described in distinction to Burke's juridical conservatism, was to an important degree inspired by the writings of Montesquieu. Both the discussion on the monarchy and the debate on the senate were influenced by the Esprit des lois. Indirectly, the debates in the National Congress give evidence of the enormous influence of the Esprit des lois on political thought in the Restoration period.     

Canada and the British Empire

Britain attempted to create an informal empire in the Middle East and used the British Middle East Office to sponsor development work precisely to attain a significant influence in the region, one that would salvage a fair share of rapidly declining imperial power. Environmental initiatives, many of them focusing on forestry, composed a key element of this programme. However an informal empire did not ensue. This led the Foreign Office, and many historians, to overlook the importance of the BMEO. This article explores how the environmental reforms proposed by British advisers radically changed land use in the Middle East between 1946 and 1970, and left behind a remarkable legacy of conservation.     

战后日本政府“解释改宪”历史过程评述

战后日本宪法因其第九条规定而被称为"和平宪法"。长期以来,日本政府通过"解释改宪"的方式,不仅使日本突破了和平宪法所规定的"不保持战力"等限制,而且在军事实力上获得了巨大的发展,并将以"专守防卫"为任的自卫队派往了海外。通过政府对宪法第九条进行的扩大解释,战后日本在国家发展方向上偏离了和平宪法确立的和平主义宗旨与原则。