Beyond “unwinding”: Constitutional review strategies in consociations

This article contributes to the emerging literature on the role of constitutional courts in consociational democracies. While most works have approached the topic from the perspective of regime dynamics, this analysis focuses on how courts relate to the constitutions they are mandated to enforce. Beyond addressing the empirical question of what choices courts make in their balancing between universal values and stability, this article also investigates how courts do this balancing. Through the analysis of seven cases from two consociations, Bosnia and Herzegovina and Northern Ireland, I argue that courts embrace specific interpretive approaches (proportionality analysis, purposive interpretation, and the political question doctrine) to reconcile the ideas of constitutional supremacy and respect for political agreements. The analysis also demonstrates how—by their nature political—framework agreements establishing consociational settlements become primary reference points for interpreting constitutional documents.     

The Threefold Logic of Papua‐Melanesia: Constitution‐writing in the Margins of the Indonesian Nation‐State

Clashes over the status of West Papua and the political future of the territory proliferated markedly following the end of Indonesia's New Order regime in 1998. Amid a wide variety of demands for justice and independence, and a series of demonstrations, mass gatherings and prayers, only a few Papuans mused on how Papua could become a state and what would constitute its nature as being distinctly Papuan and/or Melanesian. One exception is the work put into the Constitution for West Papua entitled Basic Guidelines, State of West Papua, a document edited by Don A.L. Flassy, a bureaucrat, writer and thinker, with a preface by late Theys H. Eluay, then chairman of the Papuan Council. In this article I analyse this Constitution to show how a combination of Christianity and local customs, and a mimicry of elements of Indonesian nation building and symbols of the Indonesian nation‐state are reshaped to oppose Indonesian nation‐building agendas. The Constitution shows that when Papuans imagine an independent state, forms of vernacular legality play a central role. ‘The state’ has journeyed to Papua and encouraged faith in ‘the law,’ and Basic Guidelines is partly the effect of this growing vernacular legality. My analysis shows that it is essential to see how legal mobilisations and imaginations of the state articulate with other normative systems and practices – in particular Christianity and custom (adat) – and how they mutually allow for and invite strategies.     

联邦制、国家统一与两种话语之争——对近代中国联邦制论争的回顾与思考

自清末至北洋政府时期,联邦论作为一种处理中央与地方关系的分权理论,在近代中国政治生活中时隐时现,并最终引发＂联省自治＂运动。但由于联邦论作为一种外来思想,难以在中国政治文化中找到移植的土壤进而完成国家统一的政治整合使命,从而使联邦论的正当性逐步消蚀。而联邦论与反联邦论之间的论争最后演化为宪政民主与民族国家两种话语之争,它扭转了中国政治发展的模式,并最终使联邦主义成为中国历史上被放弃的制度选择。     

Written Differently: A Survey of Commonwealth Constitutional History in the Age of Decolonisation

ABSTRACT

This article provides a survey and definition of the field of Commonwealth constitutional history since 1918, especially during and after global decolonisation. It asks what is Commonwealth constitutional history and how it differs from its English and Imperial counterparts. The article puts forward a working definition of Commonwealth constitutional history and introduces key and diverse writers who illustrate the range and potential of this history. The article provides an historiography and survey of constitutional history in the Pre-Commonwealth and Post-war Commonwealth periods while also assessing the opportunities of Post-British Commonwealth constitutional history. The objective of this article is to show how Commonwealth constitutional history can contribute to the historical study of state power and to see its worth to other disciplines and fields of history. Commonwealth constitutional history is a necessity to examine the politics, power and consequences of the British empire during the long age of decolonisation.     

Continuity and transformation: the institutions of the Beijing government, 1912–1928

The period of the Beijing government of Republican China (1912–1928) occurred after the 1911 Revolution that toppled the imperial system and before the rule of the Nanjing Nationalist government. For modern China, it was an era of frequent trial and error in implementing political systems, as well as a significant phase of institutional transition following the New Policy reforms of the late Qing. Many twists and turns during this period of historical evolution stemmed from problems of the late Qing political reform. The three major issues occurring during the 1912–1928 era, namely the legitimacy of the government, the relationship between its legislative and executive branches, and the relationship between the central government and the provinces, were all dominated by the profound influence of traditional Chinese political and cultural frameworks. All of this made the 1912–1928 era more complicated than the late Qing period, increased the difference between one stage of institutional change and another, and accelerated the change in political systems while also broadening the choices available. Therefore, we should not only focus on the complex contention among all parties, but also acquire a deeper understanding of the limits imposed upon institutional renovation by tradition and circumstances through examination of the institutional adaptations behind the chaotic partisan politics.     

Feature Reviews

Abstract

Thomas Jefferson, in his Notes on the State of Virginia, first published and distributed to the American public in 1787, presented his mature thoughts on politics, amid a vast array of themes reflective of his own encyclopedic studies. The diverse contents and unusual form of the work have often led modern readers to neglect its overarching political purpose. We argue that when read as a unified whole shaped by an explicit literary structure and rational method, Jefferson's Notes lays the foundation for a new science of republican politics. By engaging and revising key aspects of both the Bible and Enlightenment science, whenever either asserts authoritative claims beyond rational scrutiny that obscure or distort nature, Jefferson overturns false idols that impede our inquiry into natural laws and natural right, and the proper grounds of republican government.     

关于党的领导权的宪政阐释

在现代中国政治文明建设中,中国共产党既是领导党又是执政党.从宪政的角度看,党的领导权是政党的政治权利,它与党的执政权具有不同的性质、作用、范围和行使方式等.要改善和加强党的领导,就必须寓党的领导权于党的执政权之中.     

基层党校图书馆的数字化信息资源建设

电子出版物的兴起,使党校图书馆的馆藏范围扩展到了电子出版领域;因特网的发展和数字化社会科学文献信息量的日益增多,使数字化馆藏建设成为党校图书馆信息资源建设的重要内容.本文就当前基层党校图书馆数字化信息资源建设谈一些粗浅认识.     

Australian politics in the Australian Journal of Political Science: A review

This article examines how contributors to the Australian Journal of Political Science (AJPS) have conceptualised Australian politics over 50 years. It undertakes this task by examining key events in Australian politics that prompted vigorous debate. These include the election of the Whitlam government in 1972, its dismissal in 1975, and how this in turn generated discussion about the nature of responsible government in Australia. The republican debate of the 1990s shifted the focus. Since 2000, however, a few contributors to the journal have attempted to find a central focus for Australian politics in the controversy over the idea of the Australian settlement. Much recent discussion about Australian politics has been influenced by the ‘cultural turn’, and become particularistic. It is argued that despite their diversity, articles in the AJPS generally do not usually contribute to a narrative that sheds light on the larger, longstanding, structural issues of Australian politics.     

Adam Ferguson on the Perils of Popular Factions and Demagogues in a Roman Mirror

For the Scottish Enlightenment thinker Adam Ferguson (1723–1816) and many of his time, the history of the Roman Republic furnished the best case study for discussions of internal threats to a mixed system of government. These included factionalism, popular discontent, and the rise of demagogues seeking to concentrate power in their own hands. Ferguson has sometimes been interpreted as a ‘Machiavellian’ who celebrated the legacy of Rome and in particular the value of civic discord. By contrast, this article argues that he is better understood as a disciple of Montesquieu, who viewed Rome as an anachronistic and dangerous ideal in the eighteenth century, the era of the civilized and commercial monarchy. The greatest fear of Ferguson was military despotism, which he believed was the likely outcome of democratic chaos produced by the levelling instincts of the ‘common’ people and demagogues prepared to harness their discontent. In such a scenario, a legitimate order in a mixed government would be turned into a faction putting the constitutional balance at risk, undermining intermediary powers, and ending liberty for all.