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Full-Text Articles in Law
Civil Society And Democracy In Japan, Iran, Iraq And Beyond, Shiva Falsafi
Civil Society And Democracy In Japan, Iran, Iraq And Beyond, Shiva Falsafi
Vanderbilt Journal of Transnational Law
This Article addresses the mystery of why some countries appear to become democracies seamlessly while others face insurmountable obstacles. While acknowledging the importance of civil society to democratization at the time of transition, this Article argues that broad historical civil society movements, even if devoid of immediate political impact, also facilitate the passage to democracy at a later date.
This Article takes a comparative look at the constitutional, labor, and women's movements in Japan, Iraq, and Iran, from the nineteenth century to the present. It demonstrates that the resilience of Japanese civil society from 1868 onward secured the country's successful …
Authorizing Subnational Constitutions In Transitional Federal States, Jonathan L. Marshfield
Authorizing Subnational Constitutions In Transitional Federal States, Jonathan L. Marshfield
Vanderbilt Journal of Transnational Law
Not all federal systems permit their constituent units to adopt constitutions. This Article considers whether, and under what circumstances, subnational constitutions tend to contribute to the volatility or stability of their respective federal systems. By examining the role that subnational constitutions played in South Africa's celebrated democratization, this Article observes that a transitional federal state can increase its flexibility and adaptability by merely authorizing subnational constitutions. The Article concludes that federal systems, particularly those undergoing fundamental change, can be better equipped to manage regime-threatening conflicts and perpetuate a democratic political culture if they permit constituent units to adopt constitutions.
Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster
Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster
Vanderbilt Journal of Transnational Law
In this Article, the author chronicles the rise and fall of the "perestroika parliament." While Gorbachev's reforms were ultimately unsuccessful in producing effective democratic representation, the author believes that the history of these reforms provides some valuable lessons for post-Soviet Russia. Specifically, Professor Foster concludes that current reformers in Russia should learn from the failed perestroika parliament that a democratic, "rule-of-law" state requires uniform lawmaking procedures with constitutional safeguards to guarantee their integrity.
Customary Practice And The People's Voice: Separation Of Powers And Foreign Affairs, Harold G. Maier
Customary Practice And The People's Voice: Separation Of Powers And Foreign Affairs, Harold G. Maier
Vanderbilt Journal of Transnational Law
CONSTITUTIONALISM, DEMOCRACY, AND FOREIGN AFFAIRS
By Louis Henkin
New York: Columbia University Press, 1990. Pp. viii, 125
This short book brings to bear Professor Henkin's vast experience as a teacher and scholar in United States foreign relations law on a contemporary examination of constitutional separation of powers principles in determining the appropriate roles of the three federal governmental branches in the conduct of foreign affairs. In this context, the author asks, "Is our two-hundred year old constitution satisfactory for its third century?" After an excursion through the principal issues most germane to an answer, he concludes that "there is no …