Emergency Powers: International IDEA Constitution-Building Primer 18

Bulmer, Elliot

doi:10.31752/idea.2018.29

Cited by 24 publications

(16 citation statements)

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“…Comparative analysis methodology is followed by experts of the international organization in Stockholm «International Institute for Democracy and Election Support (International IDEA)», who analyzed most of the constitutions of the countries of the world, concluded that constitutions as legal and political documents reflect the intersection of the legal, political, social systems of society (Bulmer, 2017).…”

Section: Methodsmentioning

confidence: 99%

“…American practitioners traditionally consider the special value of the principles of the US Constitution for the interpretation and application of laws by judges on the principles of impartiality and fairness (Robert, 2019). Swedish experts of the International Institute for Democracy and Electoral Support note the expansion to the texts of modern constitutions of general provisions on the state identity of the people and their will to proclaim common values and ideals of the state and society (Bulmer, 2017).…”

Section: Introduction 1substantiation Of the Relevance And Novelty Of...mentioning

confidence: 99%

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Value principles constitutional law: budgetary protection interests state and society

Petrova¹,

Stupakov²

2022

Sustainable and Innovative Development in the Global Digital Age

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The relevance of the work lies in identifying current trends in strengthening civil initiative budgeting, public control over budgets and public finances to strengthen the principles of democracy and judicial protection at the constitutional level. The novelty lies in the assessment of the legal positions of society and the state regarding the value parameters of budgetary and constitutional provisions as mechanisms for protecting the rights of citizens in the public sector. The purpose of the article is to consider topical constitutional-legal and budgetary-legal problems of increasing the value of constitutional provisions as the basic principles of legal regulation of protecting the budgetary interests of the state and society. Special methods of legal and informational analysis have been used to study innovative approaches to protecting the budgetary provision of constitutional rights of citizens. The results of the study include a set of legal approaches to improve the level of budgetary protection of citizens and the state within the framework of constitutional democracy. They cover judicial review of budget disputes to protect the rights of citizens to compensation payments and social security supplements, increase budgetary activity at the local level through initiative budgeting. As part of the discussion, it is concluded that the model of budgetary control based on the results of budget execution should be consistent with the constitutional principles of budgetary federalism and democracy. The consequences of the conclusion state that the participation of citizens at the stages of the budgetary process of local self-government helps modeling and public monitoring of draft budgets, reduces the risks of misuse of budgets and increases control over the compliance of budget reporting with real results of economic activity.

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Section: Methodsmentioning

confidence: 99%

Section: Introduction 1substantiation Of the Relevance And Novelty Of...mentioning

confidence: 99%

Value principles constitutional law: budgetary protection interests state and society

Petrova¹,

Stupakov²

2022

Sustainable and Innovative Development in the Global Digital Age

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“…do sistema", 2009, in Revista da Faculdade de Direito da Universidade Lusófona do Porto, 1/1, 2012, 30 -35 (https://revistas.ulusofona.pt/index.php/rfdulp/article/view/2966). 23 Vide José Joaquim Gomes Canotilho, Direito Constitucional e Teoria da Constituição, 7.ª Ed., Coimbra, Almedina, 2003, p. 1161-1162, 1225 Vide a reflexão apresentada em Ana Margarida Gaudêncio, "Responsabilidade como princípio e limite(s) da(s) intersubjectividade(s) jurídica(s): reflexões em torno da proposta de Castanheira Neves", Revista de Direito da Responsabilidade, Ano 2, 2020, p. 771 -790 (https://revistadireitoresponsabilidade.pt/2020/responsabilidade--como -principio -e -limites -das -intersubjectividades -juridicas -reflexoes -em -torno -da--proposta -de -castanheira -neves -ana -gaudencio/). 25 António Castanheira Neves, "Justiça e Direito", in Digesta -Escritos acerca do Direito, do pensamento jurídico, da sua metodologia e outros, vol.…”

Section: Liberdade E Segurançaunclassified

Responsibility for Public Health in the Lusophone World: Doing Justice In and Beyond the COVID Emergency

Pereira¹

2021

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“…First, assembly dissolution and early elections can resolve deadlock (Bulmer, 2017). Presidential government is often associated with the impossibility of assembly dissolution, but there are presidential constitutions that allow dissolution under certain circumstances (Cheibub, Elkins, & Ginsburg, 2014).…”

Section: The Problem Of Deadlockmentioning

confidence: 99%

Designing Democratic Constitutions: The Search for Optimality

Ganghof

2019

PaG

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This article analyses salient trade-offs in the design of democracy. It grounds this analysis in a distinction between two basic models of democracy: simple and complex majoritarianism. These models differ not only in their electoral and party systems, but also in the style of coalition-building. Simple majoritarianism concentrates executive power in a single majority party; complex majoritarianism envisions the formation of shifting, issue-specific coalitions among multiple parties whose programs differ across multiple conflict dimensions. The latter pattern of coalition formation is very difficult to create and sustain under pure parliamentary government. A separation of powers between executive and legislature can facilitate such a pattern, while also achieving central goals of simple majoritarianism: identifiable cabinet alternatives before the election and stable cabinets afterward. The separation of powers can thus balance simple and complex majoritarianism in ways that are unavailable under parliamentarism. The article also compares the presidential and semi-parliamentary versions of the separation of powers. It argues that the latter has important advantages, e.g., when it comes to resolving inter-branch deadlock, as it avoids the concentration of executive power in a single human being.

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Emergency Powers: International IDEA Constitution-Building Primer 18

Cited by 24 publications

References 0 publications

Value principles constitutional law: budgetary protection interests state and society

Value principles constitutional law: budgetary protection interests state and society

Responsibility for Public Health in the Lusophone World: Doing Justice In and Beyond the COVID Emergency

Designing Democratic Constitutions: The Search for Optimality

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