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Dirk Ehlers, Henning Glaser, Kittisak Prokati - Constitutionalism and Good Governance

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Dirk Ehlers (ed.), Henning Glaser (ed.), Kittisak Prokati (ed.)

Constitutionalism and Good Governance

Series: CPG Series of Comparative Constitutional Law, Politics and Governance

Volume 1 2014

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Ingwer Ebsen Democracy and Majority Rule S. 163-182

„… Democracy and Majority Rule Ingwer Ebsen Some Reflections on the Elements and Requirements of …” „… Democratic Majority Rule Majority Rule as the Core of the Principle of Democracy and its Legitimization From …” „… general consensus that is not achievable in practice the decisions of the political majority are also …”

Rudolf Mellinghoff Election Law and the Constitutional Order in Germany S. 153-162

„… governing majority and to promote majorities in Parliament, or to create such majorities in the first place …” „… representation and of majority voting. This, however, is only a very rough typology. Election researchers try to …” „… further differentiate these types. They distinguish, for example, relative and absolute majority voting in …”

Hassavut Vititviriyakul Democracy, Elections and the Constitutional Governance S. 361-368

„… principles and the legitimacy of decisions made by representatives of the people’s majority. In the …” „… over the executive without regard to the majority status, a number of politicians, lawyers and …” „… not paying due respect to the majority, which was contrary to democratic governance, contrary to the …”

Boonsri Mewongukote Constitutionalism in Thailand: Problems and Perspectives S. 217-242

„… , the outcome of the political reform, i.e. the government with absolute majority, mismanagement in many …” „… promulgation of the current Constitution the ousted old power resumed to get majority in the Parliament through …” „… lost the majority. But the old power did not give up. A movement outside of the Parliament, so called …”

Claudia Derichs Constitutional Rights in Multiethnic States – The Case of Malaysia S. 255-280

„… since, ethnic Malays form the majority of Malaysia’s population (appr. 60 to 65%). They are 3 The reform …” „… territory because it sought to prevent a Chinese majority in Malaysia.6 From the very beginning of its …” „… , “Ideological Work in Constructing the Malay Majority,” 1998, p. 161. Claudia Derichs 260 eration (Yang …”

Henning Glaser Multiple Constitutionalizations – ‘Constitutionalism and Good Governance in European-Asian Perspectives’ S. 11-62

„… of the Malaysian constitution also by Derichs. The reflections on the majority principle by Ebsen are …” „… majority rule where it comes to electoral democracy and party rule which is, however, very much …” „… . Ebsen‘s plea in favor of the majority principle also touches on persisting problems in shaping a Nepalese …”

Dieter Grimm Levels of the Rule of Law – On the Possibility of Exporting a Western Achievement S. 141-152

„… law. The vast majority of the law owes its validity to an act of government. That means that the state …” „… “democratic”. Where democracy is identified with majority rule and protection of minorities and a guarantee …” „… of the majority. This notion of a dictatorship of the majority alone should suffice to demonstrate …”

Titelei/Inhaltsverzeichnis S. 1-10

„… majority principle, and the law on election are further topics addressed here. With a Privy Councilor of HM …” „… Mellinghoff 7 Democracy and Majority Rule 163 Ingwer Ebsen Federalism and Decentralization 183 Dirk Ehlers …”

Andreas Føllesdal Federalism and Human Rights in Nepal’s Constitutional Design: Challenges for the Judiciary S. 195-206

„… ’ where decisions will reflect the interests of the local majority. One response to this conundrum might …” „… rights of its own minorities – which might limit the benefits obtained for the majority group. Yet others …” „… majority. These disadvantages may to some extent be alleviated if the judiciary is empowered to secure due …”

Son Soubert Cambodia and the ASEAN: Which Choice Between the Regional and Global Powers? S. 207-216

„… , Malaysia with strong minority or majority Muslim population respectively and Shariah law to be applied …” „… . Another possible one is the rule of the majority religious group, guaranteeing tolerance and freedom for …” „… majority religious group which identifies the state and their identity to their religious faith, such as …”

Albert H.Y. Chen Western Constitutionalism in Southeast Asia: Some Historical and Comparative Observations S. 63-80

„… for Malaya). Both Malaysia and Singapore have parliamentary systems of government by the majority …” „… 1999 in which the majority of voters expressed the preference not to be subject to Indonesian rule …” „… assembly was elected in which the League won the majority of seats, but Aung San was assassinated …”

Yueh-sheng Weng Interpretations of the Constitutional Court and the Developments of Rule of Law and Democratic Constitutionalism in Taiwan S. 319-360

„… cases concerning the dissolution of a political party. Third, it requires a majority of two-thirds of …” „… second-term representatives to be elected.36 On the other hand, the majority opinion maintained that the …” „… by respective political parties. Unlike representation by majority or minority, proportional …”

Dirk Ehlers Federalism and Decentralization S. 183-194

„… .4 Thus, the opposition is not only limited to criticism if it has the majority in smaller entities …” „… majority.24 If the consent of the Federal Council is necessary – which is often the case – the law does not …”

Björn Dressel Transformation of Constitutionalism in Asia: The Role of the Judiciary S. 369-392

„… prompted a leading scholar to claim 15 years ago that “a majority of Southeast Asian coun- A. 1 Hirschl …” „… governance. IV. 51 The majority of the cases have involved the Court striking down: a law punishing patricide …”

Rainer Grote Constitutionalization of Political Rule in Europe: Freedom of Speech, Press and Assembly S. 303-318

„… inoffensive by the majority but also those that offend, shock or disturb the state or any sector of the …”

doi.org/10.5771/9783845237558

Jonas Frank - Decentralization in Ecuador

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Jonas Frank

Decentralization in Ecuador

2007

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Majority Decisions S. 296

„… 2964.3. Majority DecisionsOne of the most interesting aspects to study is the role played by …”

Institutions in a Newly Democratizing Unitary State S. 161-172

„… legislate in favor of local interests. Three incentives seem to matter the most. First, the majority of …” „… political career, the vast majority of diputados provinciales thus faced incentives to serve the interests …” „… 18:02:3164the majority of provincial legislators were elected for only 2 years with no possibility for …”

The Reform Coalition and the Collective Choice Arena S. 187-192

„… . After all, mayors were his political allies in his quest to reform public fi nances: the vast majority …” „… .J_Frank_Layout.indd 188J_Frank_Layout.indd 18 27.06.2007 18:02:3227.06.2007 18:02:3189• The ID had a majority …” „… , supportive of Borja.• This solid majority on sub-national levels was refl ected within AME and CONCOPE. Both …”

Collective- Choice Level S. 76-99

„… built into federalist systems and also underlies Inman and Rubinfeld’s “democratic (majority-rule …” „… DecentralizationCommission April 2001: New Decentralization Commission (central government holds majority)December 2000: veto …” „… decentralization policies: non-coordination, agreements (bargains), majority or hierarchical decisions …”

Conclusion S. 206-209

„… suffi cient, although a large majority of actors in this period responded to local interests …” „… , particularly in Congress. In this sense, the assumptions regarding majority rules cannot explain …” „… players. There was a risk that the majority he held in several arenas would turn into opposition …”

Actors, Interests, and Decentralization Outcomes 1979-1987 S. 172-184

„… and a majority-holding, center-left opposition formed, termed Bloque Progresista.53 Such a diffi cult …” „… Roldós(President 1979-1981)Ad-hoc distribution. Held majority in Congress 1980 and 1981.(undefi ned)Osvaldo Hurtado …” „… cant in the Ministry of Public Works, which to date employs a majority of civil servants under this …”

Reform Attempts S. 192-206

„… , Loja, and Tungurahua provinces, the ID party had a majority of provincial legislators in the 1988 …” „… did not accept reform, a congressional majority favorable to him could turn into sustained opposition …” „… . The overwhelming majority of mayors that wrote “La Carta del 88” to President Borja committed …”

Conclusion S. 184-187

„… position of infl uencing the legislative process. Their demands fell on fertile soil. The vast majority of …” „… regarding majority decision rules. Other regions were able to free-ride on the bargaining efforts of the …” „… . After all, mayors were his political allies in his quest to reform public fi nances: the vast majority …”

Conclusion S. 135-137

„… majority of legislators favoring strong local administrations. This provides supporting evidence for the …” „… assumption of the explanatory framework regarding the majority decision rule: in Ecuador decentralization …”

The Return to the Previous Regional Equilibrium: 1948-1963 S. 127-135

„… fragmented party system implied that presidents almost never had a majority in Congress.51 Also, the …” „… majority of legislators favoring strong local administrations. This provides supporting evidence for the …” „… assumption of the explanatory framework regarding the majority decision rule: in Ecuador decentralization …”

Hierarchical Decisions S. 296

„… 2964.3. Majority DecisionsOne of the most interesting aspects to study is the role played by …”

Veto-Players and Implementation S. 296-297

„… 2964.3. Majority DecisionsOne of the most interesting aspects to study is the role played by …”

Distrust between Actors and the “Tragedy of the Commons:” Excessive Earmarking S. 292-293

„… decision rules that are relevant: (i) unilateral decisions, (ii) bargaining, (iii) majority decisions, and …”

Non-Cooperation and Unilateral Decisions: Threats to Secession? S. 293-294

„… decision rules that are relevant: (i) unilateral decisions, (ii) bargaining, (iii) majority decisions, and …”

The Sub-game and Equilibrium among Municipalities and Provincial Councils S. 237-248

„… : Decentralization Commission (central government holds majority).March 2001: veto of the Military.14 This was an …” „… services for the majority of their voters. They are elected by both urban and rural population, but allowed …”

Bargaining: New Incentives for the Veto-Players? S. 294-296

„… J_Frank_Layout.indd 29 27.06.2007 18:02:3927.06.2007 18:02:32964.3. Majority DecisionsOne of the most …”

Sub-game between Municipalities and Provincial Councils S. 222-224

„… had more than one million of population and necessarily had different needs than the vast majority of …”

The “Why” of Decentralization: Actors and Incentives S. 269-272

„… that they used to infl uence the policy process. • Decision rules: there was a majority of …”

Individual Actor-Level S. 72-76

„… (bargains), majority or hierarchical decisions.• Implementation rules determine actions that are needed in …”

Titelei/Inhaltsverzeichnis S. 2-12

„… : New Incentives for the Veto-Players? ................................... 2944.3. Majority Decisions …”

Social and Cultural Theories S. 55-59

„… in some cases, but in the majority of countries are simply missing as factors that create a pressure …”

Determinism S. 59-63

„… phenomenon of decentralization. Rather, they are conditions that are met in some cases, but in the majority …”

Stakeholders in Central Government S. 227-231

„… to make a series of concessions. He had no majority in Congress; his electoral support was …”

Public Choice S. 39-44

„… majority of provincial governments and municipalities in the hands of opposition parties.A process of …”

Summary S. 19-26

„… ), majority or hierarchical decisions. (v) Implementation rules determine all those actions that are needed to …”

Consolidation of the Arena of Hierarchy: 1972-1978 S. 142-157

„… exchanged a majority of councilors and then a minority.10 This helped them reinforce their rule and they …”

Sub-game and Equilibrium between Sub-national and Central Government S. 248-263

„… . Thus local interests dominated the agenda36 and, without a majority in Congress, the head of state …”

doi.org/10.5771/9783845203904

Jochen Baier - Das Auswirkungsprinzip im Kartellrecht der USA

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Jochen Baier

Das Auswirkungsprinzip im Kartellrecht der USA

Series: Wirtschaftsrecht und Wirtschaftspolitik

Volume 225 2008

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Majority Vote – Die Begründung der Subject Matter Jurisdiction S. 126-130

„… sell these vitamin products around the world.«; Fox/Sullivan/Peritz, (2004), S. 169 ff.1271. Majority …” „… subject matter jurisdiction.«690 Vgl. 315 F.3d 338, 341: »The majority opinion in Den Norske Stats …”

Minderheitsvotum S. 130-131

„… consistent with the legislative history that the majority cites.«706 Vgl. 315 F.3d 338, 360 ff.: »The Fifth …”

Titelei/Inhaltsverzeichnis S. 2-12

„… Circuit vom 17. Januar 2003 1261. Majority Vote – Die Begründung der Subject Matter Jurisdiction 1272 …”

Kritik S. 131-133

„… , 2781-82, 81 L.Ed.2d 694 (1984). It is also consistent with the legislative history that the majority cites …”

Mannington Mills Inc. v. Cogoleum Corp. S. 69-72

„… enumerated in the majority opinion, weigh in favor of the exercise of jurisdiction. Relating this …”

doi.org/10.5771/9783845210551

Kari Palonen - The Politics of Limited Times

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Kari Palonen

The Politics of Limited Times

Series: Studies in Political Theory

Volume 3 2008

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Majority vs. coalition governments S. 129-132

„… . 3.3.4. Majority vs. coalition governmentsBesides the discussion between the powers of parliaments and …” „… “an absolute majority in parliament”. According to him, 130 THE POLITICS OF LIMITED TIMES“the party …” „… accurate to view the Anglophone model of majority rule is seen as being based on temporal succession …”

The formation and dismissal of governments S. 121-129

„… to the contrast between governmental majority and the opposition inside the parliament (see Redlich …” „… majority on certain occasions to change the Prime Minister and the cabinet rather than a description of the …” „… députés a large majority initially supported the wartime coalition. Still, the critique had not won its …”

The politics of electoral terms S. 108-113

„… majority8. In this perspective he regards 7 Rosanvallon quotes Lamartine from 1850: “Il y a danger pour le …” „… of the now 16 Landtag elections on which the majority in the Bundesrat is dependent. Due to the …” „… electoral politics lies, in classical terms, in the search for a kairotic moment of reaf? rming the majority …”

From constitutional to parliamentary government S. 115-117

„… in the so-called constitutional regimes, which were not dependent on the parliamentary majority. In …” „… alternation implies the opening of a momentum for the government, backed by a parliamentary majority, to try …” „… understood in the strictly procedural sense, as a game in which a majority is required. If a party’s sole aim …”

Elections as an extension of the parliamentary paradigm S. 132-135

„… parliamentary majority’s policy. Weaker versions of this analogy can be found in multi-party …” „… majority in the election is in principle similar to the intra-parliamentary persuasion. Indeed, the …” „… presidential and parliamentary regimes. In parliamentary regimes the electoral majority and the government …”

The extraordinary time of elections S. 113-115

„… government holds only a narrow majority. It is thus no wonder that British politicians tend to strongly …” „… majority (for a proposal to eliminate the whips in order to strengthen the parliament see Tomkins 2005, esp …” „… de? nite parliamentary majority that counts as a result. Whereas the MP can assume that her voice has …”

Walter Bagehot on eloquence as an obstacle to policy S. 173-179

„… , albeit in the persuasive style of securing the parliamentary majority. In this era, which Bagehot …” „… point of parliamentary oratory is to secure the adherence of a majority, it will always be presented ad …” „… be treated as questions of the power over a majority of persons. In his 1860 essay on Gladstone …”

The formation and modification of parliamentary procedure S. 148-152

„… objective is, rather, to attempt to dispute the justi? cation of the majority’s view and eventually modify …” „… between the minority and majority that rendered such principles of the English parliamentary procedure …” „… between the majority and the minority within the parliament. Redlich’s main focus is on the slow …”

Deliberation in the ancient assemblies S. 146-148

„… majority’s view and attempt to ? nd new arguments in favour of the weaker case. The persuasion was not …” „… point of assembly rhetoric is that it is not the inherent quality of the line adopted but the majority …” „… given case did not end with a majority decision, but, rather, that anyone could provocatively oppose the …”

Benjamin Disraeli against the rule of numbers S. 44-46

„… of a majority of ‘numbers’ and not as a constellation based on the shifting electoral decisions of …” „… majority of the country. Their standard is population; and I admit that their views have been clearly and …” „… , too, must be considered.” (Disraeli 1866, 166–167)10 ”If we take a mere numerical majority as the test …”

The politicisation of elections S. 104-108

„… , above all, a time-span after which the parliamentary majority is subjected to control, and the …” „… parliamentary majority. 6 “In the case of the electorate or the persons to be represented in political …” „… majority8. In this perspective he regards 7 Rosanvallon quotes Lamartine from 1850: “Il y a danger pour le …”

The scarce times of parliamentary democracies S. 17-22

„… revisions (see Redlich 1905). Any majority is based on a contingent constellation of individual adherents …” „… procedure. From a temporal perspective, the alternation in parliamentary majority and government refers to …” „… introduces a chance for reopening the debate in a new situation, if the new parliamentary majority decides to …”

The rhythms of political change S. 135-137

„… the shifts in the parliamentary majority also play a crucial role for the political biography of the …” „… governmental apparatus and the political government, which is dependent on the parliamentary majority. The key …”

Times of the parliamentarian S. 205-213

„… opposite to one another. The counting of votes to establish a parliamentary majority signi? es the closing …” „… of the discussion in order to make a de? nite commitment; the standpoint of the majority becomes that …” „… of the entire parliament. The speech is a way of altering the assumed majority by means of persuasion …”

The contingency of suffrage S. 36-40

„… established policies and practices and also of a shift in the parliamentary majority. As such, each and every …” „… ceteris paribus clause with regard to the support of a parliamentary majority. The speci? c advantage of …”

Parliamentary eloquence in Britain S. 158-169

„… it as opposed to having to face a decision that is based on the mere force of a majority. ”In …” „… action of the majority within Parliament faithfully represents the convictions of the overwhelming …” „… majority in the constituent body.” (Parliamentary Eloquence 1873, 69) Although here the perspective remains …”

The defence of alternation: Eugène Pierre S. 117-121

„… appropriate for any given party to always be in the majority and as such to form the government, for it has to …” „… easy to obtain a majority against the government if the question is adequately formulated. The fate of …”

Parliamentarism, rhetoric and time S. 199-204

„… the current parliamentary majority is safe, the elections being regarded only as a moment of af …” „… instances, the government and administration or the majority party (cf. Riescher 1994)? The political signi …”

Parliament reform, political times and temporal scarcity S. 52-57

„… if the current majority refuses the extension of suffrage, its days are numbered, doomed to end …” „… decision of the majority. 54 THE POLITICS OF LIMITED TIMESThe very increase in the number of voters …”

Universal suffrage as a contract: Léon Gambetta S. 70-76

„… 1851. Meanwhile, the anti-republican majority restricted suffrage in 1849, ruling out a remarkable …” „… February 1871 elections, which brought a majority to the three monarchist fractions).It is from this …”

Titelei/Inhaltsverzeichnis S. 2-10

„… governments 121 3.3.4. Majority vs. coalition governments 129 3.3.5. Elections as an extension of the …”

Suffrage, time and scarcity S. 92-94

„… parliamentary majority that does not trust on the actualisation of the electoral 94 THE POLITICS OF LIMITED …”

Learning to play with limited times S. 32-35

„… of majority governments with the coalition governments that are characteristic of continental Europe …”

Rotation as a quasi-natural time S. 95-98

„… continuity of the majority or its policy. The principle of election itself illustrates the timeliness of rule …”

The end of parliamentary eloquence? S. 196-199

„… unnecessary complication in the realisation of the aims in the name of which the parliamentary majority was …”

Lydia E. Becker and the redistribution of power S. 65-68

„… as a transition to the rule of the female majority but as a chance afforded to individual women as …”

The politics of the time-span S. 235-238

„… resurrection back to the majority and with regard to political measures to be implemented after their personal …”

The legitimisation of the parliamentary procedure S. 152-156

„… to the explication of the legal situation, for example the rights of the minority and majority …”

Louis-Marie de Cormenin on parliamentary eloquence and improvisation S. 183-187

„… the result of coalitions with those fractions which distance themselves from the governmental majority …”

Louis Barthou on the plenary speaker S. 189-193

„… PARLIAMENTARY POLITICS 191The question thus arises as to whether the shifts in the majority constellation were …”

Times of the minister S. 213-217

„… that parliamentary deliberations should, given the majority, be a formality on which not too much time …”

Women, franchise and politics S. 58-62

„… is a member of this or the other House. The vast majority of male electors have each his own business …”

The layers of political time: lifetime, momentum, time-span and calendar S. 25-32

„… retained the reputation of being the regime of politicians par excellence, who spend the majority of their …”

The four “Kratien” S. 76-84

„… Bethmann Hollweg was dethroned while the Reichstag majority proved itself incapable of making the move to a …”

The rhetorical politics of parliamentarism S. 138-146

„… rhetoric is that it is not the inherent quality of the line adopted but the majority of votes that decides …”

doi.org/10.5771/9783845211268

Álvaro Morcillo Laiz - Contentious Regions in the European Union: Nationalist Parties and the Coordination of European Policies in Federal Member States

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Álvaro Morcillo Laiz

Contentious Regions in the European Union: Nationalist Parties and the Coordination of European Policies in Federal Member States

Series: Nomos Universitätsschriften - Politik

Volume 170 2009

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Majority versus Minority Cultures in the CoR S. 93-99

„… representation in the CoR and on their contacts withthe Commission and the European Parliament.Majority versus …” „… the majority of the CoR members have considered beneficial to regional publicbroadcasters and …”

Coordination Mechanisms in Six Member States S. 29-43

„… a majority, and the central government is notpresent.5 Where constituent units determine a common …” „… regional position according to the majority rule I haveused “+”. If unanimity is required I have used “-”.6 …” „… of interaction –unanimous or consensual negotiated agreement, majority vote, and hierarchical …”

The Defence of Regional Minorities in the EP S. 103-112

„… him, the PES tried to use its majority in the CoC to align the Directive backwith the PES’ original …” „… it closer to the version that was first discussed inthe plenary. To be more precise, the PSE majority …” „… majority forits report in the second reading. Hence, for regions and for the CoC, the balance of …”

Acknowledgements S. 5-10

„… Defence of Regional Audiovisual AgendasChapter 4: 93Majority versus Minority Cultures in the CoR 93 …”

The Committee of the Regions S. 144-147

„… logic and the way in which ithas operated. In order to obtain a majority of votes, CoR opinions have …”

The 1999 Reform of Cohesion Policy S. 113-117

„… but also the ERDF would be enacted by a qualified majority of theCouncil according to the cooperation …”

European Audiovisual Policy and Regional Concerns S. 65-71

„… in 1989 to dedicate a majority of the transmission time to European works after taking into account …”

The Coordination of the Television Directive S. 78-84

„… Rundfunkkommission. After a majority of the Bundesratmembers enact a common regional position, the federal government …”

Regional Cases S. 53-64

„… , which after 1999 has held an absolute majority. Only onenationalist party, Unitat del Poble Valencià …” „… coalition including one or more parties unnecessary to reach a governing majoritycontrolled the region for …”

doi.org/10.5771/9783845220932

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