Despite regional variations, traditional leadership has always been practised in the same way all across oceans and nations. It has always been an incident of birth and gender, and that the rank and ...status of the mother of the heir-apparent in his father's homestead has often been the overriding consideration. In the past there were methods through which dynasties and bloodlines could be altered, namely, (i) the 'blood and might' usurpation of power, which is the subject of this article; and (ii) oral wills ('dying declarations') that would have been made by the deceased ruler on his deathbed. However, the 'blood and might' method now is merely of historical genealogical significance; it only helps to provide context in the event of a dispute in this regard. To that end, relying on BaPedi Marota Mamone v Commission, as an example, the article explains the applicable legal history, including the significance of the 'blood and might' method in pre-colonial times, and how this helps to place the recent constitutional developments and judicial pronouncements in their proper perspective. The article also demonstrates that the 'indirect rule' of traditional communities -which was the hallmark of colonialism and apartheid - continues to apply albeit under the glare of the Constitution. However, crucial gender transformation should be introduced cautiously into this area of the law, and the change should be gradual and 'adaptive', as reflected in section 2 of the Traditional and Khoisan Leadership Act 3 of 2019. The resources of the affected communities also should not be used to curry favour with any political party or any grouping within it. Failing that, the social fabric and moral and ethical fibre of the affected communities would be ruptured.
As action to combat climate change stalls on the federal level, cities and towns have taken the lead in passing environmentally friendly legislation. Nevertheless, as political polarization ...continues, states have increasingly employed preemption ceilings to curb municipal legislative efforts. Many state constitutions are structured in a manner that explicitly enable states to preempt local legislation. Because municipalities historically had no power to pass legislation without express approval from their state of incorporation, and despite their increased authority under home rule, municipalities have had no way to combat preemptive laws. In 2013, in Robinson Township v. Commonwealth, Justice Baer of the Pennsylvania Supreme Court, writing in concurrence, offered one possible solution: the Due Process Clause. This Note argues that municipalities, advancing the argument of Justice Baer's concurrence, can use the Due Process Clause to overcome state preemption in environmental law.
This study explores how citizens think about the appropriate exercise of authority across the branches of government. Three similarly designed experiments conducted on national samples reveal that ...what individuals are told about compliance with decision-making rules matters across institutions, but so does the political context in which officials are acting. Participants' policy preferences about the issues that are the subject of government action are particularly important in such assessments. Evidence suggests that feelings about President Trump and participants' policy views are more important in assessments of the appropriateness of unilateral action than they were during the Obama administration; findings also suggest that what participants are told about President Trump's compliance with rules is less important. This could reflect an erosion in the importance of constitutional norms in citizens' assessments of executive authority, but other explanations specific to the inquiry are also discussed.
This article examines the clash between the legal vision of European integration and the political vision. Two crises illustrate this: Poland's democratic backsliding and the Russian invasion of ...Ukraine. The authors conclude that European leaders will need to work within the constraints the union faces.
Abstract
Law is central to what the European Union is and how it works, but the mismatch between the legal and political dimensions of European integration is undermining the EU from within and limiting its ability to project its power beyond its borders. This article aims to explicate the clash between Europe as a community of law, on the one hand, and Europe as a political project, on the other, by focusing on two crises. The first is the crisis that has arisen in relation to Poland's backsliding when it comes to democracy and the rule of law. The second crisis is the Russian invasion of Ukraine. The two crises are interlinked. An effective response to Russian aggression requires of the EU the kind of solidarity, confidence and unity of purpose that has been undercut by Poland's rule-of-law crisis and by the inadequacy of European responses to it. Thus, both crises unsettle the EU's constitutional settlement, revealing the political limits of legal integration. We find that, if Europe's leaders are to better align the EU's legal order with its political goals and capacity to act, then they will need to acknowledge, and work within, the constraints the EU faces as a union of nation states.
Objective. In order to find the predictive indexes for metabolic syndrome (MS), a data mining method was used to identify significant physiological indexes and traditional Chinese medicine (TCM) ...constitutions. Methods. The annual health check-up data including physical examination data; biochemical tests and Constitution in Chinese Medicine Questionnaire (CCMQ) measurement data from 2014 to 2016 were screened according to the inclusion and exclusion criteria. A predictive matrix was established by the longitudinal data of three consecutive years. TreeNet machine learning algorithm was applied to build prediction model to uncover the dependence relationship between physiological indexes, TCM constitutions, and MS. Results. By model testing, the overall accuracy rate for prediction model by TreeNet was 73.23%. Top 12.31% individuals in test group (n=325) that have higher probability of having MS covered 23.68% MS patients, showing 0.92 times more risk of having MS than the general population. Importance of ranked top 15 was listed in descending order . The top 5 variables of great importance in MS prediction were TBIL difference between 2014 and 2015 (D_TBIL), TBIL in 2014 (TBIL 2014), LDL-C difference between 2014 and 2015 (D_LDL-C), CCMQ scores for balanced constitution in 2015 (balanced constitution 2015), and TCH in 2015 (TCH 2015). When D_TBIL was between 0 and 2, TBIL 2014 was between 10 and 15, D_LDL-C was above 19, balanced constitution 2015 was below 60, or TCH 2015 was above 5.7, the incidence of MS was higher. Furthermore, there were interactions between balanced constitution 2015 score and TBIL 2014 or D_LDL-C in MS prediction. Conclusion. Balanced constitution, TBIL, LDL-C, and TCH level can act as predictors for MS. The combination of TCM constitution and physiological indexes can give early warning to MS.
Este artículo hace una reflexión acerca de la interpretación constitucional en Hungría desde una perspectiva constitucional y normativa. Se parte de la concepción de la interpretación como ...herramienta de adaptación que asegura la comprensión y aplicación del derecho a casos concretos, asegurando con ello la estabilidad institucional y la seguridad jurídica. Para el caso de la interpretación constitucional, el texto aborda la interpretación judicial y el amplio activismo de los jueces modernos que los hacen protagonistas de los Estados Constitucionales actuales. Para el caso de Hungría, se resalta el surgimiento de una jurisdicción que ha tomado un lugar importante por su labor interpretativa y su aporte en la defensa de la Carta Política. Finalmente, este trabajo muestra el gran desafío que toma las decisiones de constitucionalidad y las particularidades que permiten comparar el caso húngaro con otros sistemas constitucionales en el mundo.
In 2001 a new Land Law was adopted in Cambodia. It was significant because – for the first time – it recognised a new legal category of people, ‘Indigenous Peoples’ or chuncheat daoem pheak tech in ...Khmer, and it also introduced the legal concept of communal land rights to Cambodia. Indigenous Peoples are not mentioned in the 1993 constitution of Cambodia or any legislation pre‐dating the 2001 Land Law. However, Cambodia's 2002 Forestry Law also followed the trend by recognising ‘Indigenous Peoples’. These laws have been both symbolically and practically important, as they have provided government‐mandated legitimacy to Indigenous identities and associated land and forest rights, including communal land rights, and have been ontologically significant in dividing Indigenous and non‐Indigenous Peoples on legal grounds. Over a decade after the 2001 Land Law was promulgated, this article considers some aspects of its effects. In particular, when compared with the potential for developing communal land rights in Laos, one has to wonder how advantageous it is to adopt Indigenous identities and the types of communal land rights and community forestry rights presently possible in Cambodia.
In 2021, the Chilean Convention became the first constitution-making body with gender parity. However, the draft – which reflected many gender-related norms – was rejected by 61.89 per cent of voters ...in the exit plebiscite of 2022. In this article, we argue that although parity constitutionalism has promise and, in the Chilean case, was linked to gender-related outcomes in the constitutional text, parity’s promise may fail to materialize. We thus caution against a naïve view of parity constitutionalism as one of the key legacies of the 2020–22 Chilean constitution-making process.
At independence, India tried to frame a constitution for a sovereign union, wherein all power and authority would be derived from the people. This had to be achieved in the midst of the partition of ...India and Pakistan that was tearing apart the people and the territory, while more than 550 sovereign princely states had yet to be integrated into India; and it had to take into account people who were profoundly diverse, largely illiterate, and poor. By any standard of democratic theory, India was expected to fail, and its democracy certainly did not seem likely to endure.
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