In recent years, methodology of new institutionalism has gradually been the crucial feature of the researches on constitutional system. By pointing out the political actors who affect constitutional operation, the context of institution that constructs constitutional rules, and the social structure accompanied with constitutional culture, etc., the new institutionalism even replaces the old institutionalism in constitutional analysis. However, due to incompatible roots in methodology, new institutionalism has raised more and more disputes. In addition, derived from the same origin that presented historically and methodically, new institutionalism and its old counterpart share some assumptions that make it difficult to divide on institutional approach. Therefore, by the comparative viewpoint of old and new institutionalism approaches, this thesis will integrate them into the analysis of institutional change, and apply to the constitutional change in R.O.C. (1947-2007). Through this way, this thesis will base on the design and operation of the constitutional system of R.O.C. and carry on cause and effect analysis according to the historical context. By several specific time sequences of the path of institutional change, include: crucial moments and changes of the system origin, institutional structure and crisis met, interactive actors¡¦ preferences and tactics, this thesis will also plan to observe the starting point, development of the path and assess its prospect. Moreover, abide by the old and new institutionalism approaches are derived from the same origin, meanwhile, the concepts of ¡§constitution¡¨ and ¡§constitutionalism¡¨ also do combine with them, the purpose of this thesis is to confirm the dimensions of ¡§constitutional law¡¨, ¡§constitutional operation¡¨ and ¡§spirit of constitutionalism¡¨ in Taiwan¡¦s semi-presidential system. Thus, by the comparative viewpoint of old and new institutionalism approaches, this thesis will analyze three main problems of Taiwan¡¦s constitutional operations revealed by the president-premier-Legislative Yuan interactions through the perspectives of ¡§constitutional law¡¨, ¡§constitutional operation¡¨ and ¡§spirit of constitutionalism.¡¨ The concern of this thesis is to establish a new analytical framework which could find out constitutional problems effectively, and propose the solutions.

In the tenets of Western political science, “limited government” is usually seen as the touchstone of modern constitutionalism. Yet significant issues can arise when one applies this framework to East Asia. By studying the origin of constitutionalism in China and Japan, my dissertation reexamines the idea that “limited government” is the core of modern constitutionalism. I argue that constitutionalism, as it was introduced in Meiji Japan and late Qing China, focused on strengthening the government rather than limiting it. Many might feel this affirms the popular belief in an inherent affinity for authoritarianism in the Chinese mind, but this dissertation disagrees, finding such a conclusion to be unfairly reductive, and dangerous to achieving a true cross-cultural understanding. It argues instead that Chinese constitutionalism’s desire to strengthen the state was not the manifestation of a cultural predisposition toward authoritarianism, but was instead consciously adopted and constructed in response to the chaotic realities of late 19th and early 20th century China. By studying the constitutional thought of Aristotle, Cicero, Machiavelli, Hobbes, the early English constitutionalists, Locke, Montesquieu, the American founding fathers, and others, I shine light on a dilemma that was as critical to late Qing China constitutionalism as it was to Aristotle’s ancient Greece, Machiavelli’s Renaissance Florence, and Lincoln’s splitting 19th century America: to achieve the delicate balance between a strong state and the limiting principles of a Republic. My argument calls for a reevaluation not only of Chinese constitutional thought, but also of current liberal constitutional theory, which tends to define the goal of constitutionalism simply as the limiting of governmental power. My research shows that the essential goal of constitutionalism, whether it takes place in the East or the West, in the present or the past, is not to move closer to one pole of authoritarianism or the other of limited government, but to strike an ideal balance between the two, depending on the specific context of a state’s time and place in history. / East Asian Languages and Civilizations

<p>The history of prison reform after 1994 was shaped by the relationship between governance and human rights standards / the requirements for both are set out in the Constitution and elaborated on in the Correctional Services Act. Good governance and human rights converge in five dimensions of a constitutional democracy: legitimacy, transparency, accountability, the rule&nbsp / of law / and resource utilisation. The new constitutional order established a set of governance and rights requirements for the prison system demanding fundamental reform. It de-legitimised the existing prison system and thus placed it in a crisis. This required its reinvention to establish a system compatible with constitutional demands. The thesis investigates whether&nbsp / constitutionalism provided the necessary transformative basis for prison reform in South Africa after 1994. The Department of Correctional Services (DCS) senior management failed to&nbsp / anticipate this in the period 1990 to 1994. In the five years after 1994 senior management equally failed to initiate a fundamental reform process. This lack of vision, as well as a number of external factors relating to the state of the public service in the period 1994 to 2000, gave rise to a second crisis: the collapse of order and discipline in the DCS. By the late 1990s the state had lost control of the DCS and its internal workings can be described as a mess &ndash / a highly interactive set of problems in causal relationships. In many regards the problems beleaguering the prison system were created in the period 1994 &ndash / 1999. The leadership at the time did not recognize that the prison system was in crisis or that the crisis presented an opportunity for&nbsp / fundamental reform. The new democratic order demanded constitutional and political imagination, but this failed to materialise. Consequently, the role and function of imprisonment within the&nbsp / criminal justice system has remained fundamentally unchanged and there has not been a critical re-examination of its purpose, save that the criminal justice system has become more punitive. Several investigations (1998-2006) into the DCS found widespread corruption and rights violations. Organised labour understood transformation primarily as the racial transformation of the staff corps and embarked on an organised campaign to seize control of management and key positions. This introduced a culture of lawlessness, enabling widespread corruption. w leadership by 2001 and facing pressure from the national government, the DCS responded to the situation by focusing on corruption and on regaining control of the Department. A number of&nbsp / gains have been made since then, especially after 2004. Regaining control of the Department focused on addressing systemic weaknesses, enforcing the disciplinary code and defining a&nbsp / new employer-employee relationship. This has been a slow process with notable setbacks, but it continues to form part of the Department&rsquo / s strategic direction. It is concluded that the DCS&nbsp / has engaged with and developed a deeper understanding of its constitutional obligations insofar as they pertain to governance requirements in the Constitution. However, compliance with&nbsp / human rights standards had not received the same attention and areas of substantial non-compliance remain in violation of the Constitution and subordinate legislation. Overcrowding,&nbsp / violations of personal safety, poor services and/or lack of access to services persist. Despite the detailed rights standards set out in the Correctional Services Act, there is little to indicate that&nbsp / legislative compliance is an overt focus for the DCS. While meeting the minimum standards of humane detention, as required by the Constitution, should have been the strategic focus of the&nbsp / DCS in relation to the prison population, the 2004 White&nbsp / Paper defines &ldquo / offender rehabilitation&rdquo / as the core business of the DCS. In many regards the DCS has assigned more prominence&nbsp / and weight to the White Paper than to its obligations under the Correctional Services Act. In an attempt to legitimise the prison system, the DCS defined for itself a goal that is required neither&nbsp / by the Constitution nor the Correctional&nbsp / Services Act. Compliance with the minimum standards of humane detention must be regarded as a prerequisite for successful interventions to reduce&nbsp / future criminality. After&nbsp / seven years, delivery results on the rehabilitation objective have been minimal and not objectively measurable. The noble and over-ambitious focus on rehabilitation at&nbsp / policy level distracted the DCS from its primary constitutional obligation, namely to ensure safe and humane custody under conditions of human dignity Throughout the period (1994 to 2012)&nbsp / the DCS has been suspicious if not dismissive of advice, guidance and at times orders (including court orders) offered or given by external&nbsp / stakeholders. Its relationship with civil society&nbsp / &nbsp / &nbsp / &nbsp / organisations remain strained and there is no formal structure for interaction. Since 2004 Parliament has reasserted its authority over the DCS, not hesitating to criticise poor decisions and&nbsp / sub-standard performance. Civil society organisations have increasingly used Parliament as a platform for raising concerns about prison reform. Litigation by civil society and prisoners has&nbsp / also been used on a growing scale&nbsp / to ensure legislative compliance. It is concluded that prison reform efforts needs to refocus on he rights requirements set out in the Correctional Services&nbsp / Act and approach this task in an inclusive, transparent and accountable manner.&nbsp / &nbsp / </p>

<p>Within the context of South Africa&lsquo / s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights.&nbsp / The universality and indivisibility of human rights are challenged by this diversity and consequently implies that standards, concepts and structures for implementation have to be reconsidered.&nbsp / International and national standards are being (re)interpreted and attention is not only focused on the contents of the norms but on the limitations imposed thereupon. The debate on whether limits should be set in permitting or accommodating cultural or religious pluralism is becoming extremely relevant. The manner in which these questions are responded to&nbsp / is even more prominent in the light of our history of apartheid which has disregarded respect for religious and cultural diversity. In the scope of this research emphasis will be placed on the&nbsp / right to freedom of religion and in particular the limitation of the right to religion in an attempt to balance conflicting rights and accommodates religious diversity. The right to freedom of religion&nbsp / albeit constitutionally entrenched is subject to reasonable and justifiable limitations. However, no clear guidelines have been formulated on the criteria for limiting the right to freedom of&nbsp / religion. The main aim of this research is to find guiding criteria to facilitate the imposition of limitations on the right to freedom of religion. The limitations of the right to freedom of religion are&nbsp / interrelated with the following research questions: Firstly, the definition afforded to the right to freedom of religion in accordance with national and international standards / secondly, the relationship between culture and religion and any interconnection that exists between these rights. This is followed by the influence of the particular value framework or normative commitments&nbsp / f the judiciary on the interpretation of the right to religion, as well as the relationship between the state and religion. The above issues will be researched both on a national and&nbsp / an international level. The aim is to conduct research that will build on an appreciation of the guidelines that should be employed in ensuring the protection of the right to freedom of religion. To this end comparisons will be drawn with other legal&nbsp / systems, which on the one hand acknowledge the protection of the right to freedom of religion and on the other hand have to find ways in which the right can be balanced in the event of conflict. It is envisaged that the research of the criteria imposed on the limitation of the right to religion both on a national and an international level will assist in suggesting criteria that will influence&nbsp / scholarly debate on the topic. In addition that this debate will allow for the formulation of a transformative approach within the South African context that sanctions the celebration of diversity in all&nbsp / its aspects and in particular the right to freedom of religion.<br /> &nbsp / </p>

ABSTRACT The purpose of this thesis is to assess the Crown’s Constitutional duty of consultation and its application on the holders of Treaty rights. Indigenous legal and Constitutional orders are the underpinning of the consensual Treaties. They were negotiated by sovereign nations through mutual consent and established a distinct Constitutional authority establishing rights, responsibilities and rules of coexistence. Their implementation is a Crown Constitutional obligation. This thesis argues that the duty to consult jurisprudence reveals systemic colonial problems in the common law Treaty rights paradigm by colonial interpretation, unilateral abridgement and justified infringement of the consensual Treaty. Further, judicial and politically created doctrines of the honour of the Crown and reconciliation are rendered meaningless when used as part of the ongoing colonial paradigm and abridgement of Treaties. This thesis argues that Canada must enter a post-colonial era by giving content to Indigenous legal and Constitutional orders by implementing Treaty through Treaty Constitutionalism. This requires Canada to undertake a Constitutional paradigm shift to accord the sacred and inviolable Treaties their proper place as foundational instruments in the building of Canada. This means, as well, that the only forum for proper consultation on the numbered Treaties is through Constitutional conferences with full and equal participation of Treaty First Nations.

Deliberative democrats have argued that democracy requires citizens to seek consensus, using a familiar style of principle-based moral argument. However, critics like Iris Young object that deliberative democracy’s favoured model of reasoning is inadequate for resolving deep value conflicts. She and others have suggested that the aim of improving understanding across political differences could be achieved if our conception of legitimate democratic discourse were broadened to include a significant role for narrative. The question is whether such a revision would amount to abandoning the deliberative democratic goal of seeking reasonable resolutions of value conflict. This thesis argues that a narrative approach to deliberative democracy can realize its commitment to reasoned justification, while preserving the significance of differing perspectives and promoting mutual understanding. The narrative-contextualist approach is developed and illustrated with reference to public debate over issues such as cultural accommodation and historical justice.

There is a large and diverse body of empirical research on constitutional change and "new constitutionalism" in contemporary societies, yet a general theory of constitutional change is still lacking. Researchers interested in democratic constitutionalism are confronted with various competing assumptions and explanations regarding particular, often unrelated, cases. In order to facilitate cross-referencing and conceptual consistency in the study of new constitutionalism in Latin America, this chapter provides an overview of the main theoretical perspectives on constitutional change beyond the specific regional context of Latin America, classifies the existing studies on constitutional change, and discusses their individual advantages and shortcomings.

In the past ten years, the world has witnessed a transformation in the relationship between governments and the supply of money. A number of countries, including the United Kingdom, New Zealand and the 11 European countries participating in EMU, have made their national central banks 'independent'. Inflation is at a post World War II low, and there a general recognition that inflation cannot, in the long term, create employment or boost economic growth. The economic consensus is that the best monetary policy is the pursuit of price stability. However, these changes to monetary regimes have been a pragmatic response to the problem of high inflation. There has been little recognition of the constitutional implications of the supply of money. I argue that this pragmatic approach is constitutionally dangerous. Upon examining the history of money, it is clear there are fundamental property rights associated with the issue of money. There is a strong need for monetary arrangements to be identified as constitutional issues, and for constitutional rules to be developed and applied in relation to the issue of money. This thesis analyses the appropriate relationship between governments and money from a constitutional perspective. Chapters II-VI examine the following issues: • the constitutional principles which should guide the behaviour of any government in relation to money; • the historical development of money and its theoretical qualities; • the difference between 'commodity' and 'fiat' money and the constitutional implications of their respective monopoly supply by governments; and • the constitutionally ideal monetary regime. Chapters VII, VII and IX then examine the existing monetary regimes in New Zealand, the United Kingdom, and in the European Union, and I compare these regimes to the constitutionally ideal monetary order identified in Chapter VI. The penultimate chapter examines electronic payment systems over the Internet, and assesses the possible impact these will have on governments' monetary monopolies in the future. The fundamental conclusion of the thesis is that adherence to constitutional principles demands that money be supplied on a private competitive basis. Notwithstanding that many central banks are now 'independent', the way money is supplied today - by governments possessing monetary monopolies - is contrary to the principles of constitutionalism.

In the past ten years, the world has witnessed a transformation in the relationship between governments and the supply of money. A number of countries, including the United Kingdom, New Zealand and the 11 European countries participating in EMU, have made their national central banks 'independent'. Inflation is at a post World War II low, and there a general recognition that inflation cannot, in the long term, create employment or boost economic growth. The economic consensus is that the best monetary policy is the pursuit of price stability. However, these changes to monetary regimes have been a pragmatic response to the problem of high inflation. There has been little recognition of the constitutional implications of the supply of money. I argue that this pragmatic approach is constitutionally dangerous. Upon examining the history of money, it is clear there are fundamental property rights associated with the issue of money. There is a strong need for monetary arrangements to be identified as constitutional issues, and for constitutional rules to be developed and applied in relation to the issue of money. This thesis analyses the appropriate relationship between governments and money from a constitutional perspective. Chapters II-VI examine the following issues: • the constitutional principles which should guide the behaviour of any government in relation to money; • the historical development of money and its theoretical qualities; • the difference between 'commodity' and 'fiat' money and the constitutional implications of their respective monopoly supply by governments; and • the constitutionally ideal monetary regime. Chapters VII, VII and IX then examine the existing monetary regimes in New Zealand, the United Kingdom, and in the European Union, and I compare these regimes to the constitutionally ideal monetary order identified in Chapter VI. The penultimate chapter examines electronic payment systems over the Internet, and assesses the possible impact these will have on governments' monetary monopolies in the future. The fundamental conclusion of the thesis is that adherence to constitutional principles demands that money be supplied on a private competitive basis. Notwithstanding that many central banks are now 'independent', the way money is supplied today - by governments possessing monetary monopolies - is contrary to the principles of constitutionalism.

In the past ten years, the world has witnessed a transformation in the relationship between governments and the supply of money. A number of countries, including the United Kingdom, New Zealand and the 11 European countries participating in EMU, have made their national central banks 'independent'. Inflation is at a post World War II low, and there a general recognition that inflation cannot, in the long term, create employment or boost economic growth. The economic consensus is that the best monetary policy is the pursuit of price stability. However, these changes to monetary regimes have been a pragmatic response to the problem of high inflation. There has been little recognition of the constitutional implications of the supply of money. I argue that this pragmatic approach is constitutionally dangerous. Upon examining the history of money, it is clear there are fundamental property rights associated with the issue of money. There is a strong need for monetary arrangements to be identified as constitutional issues, and for constitutional rules to be developed and applied in relation to the issue of money. This thesis analyses the appropriate relationship between governments and money from a constitutional perspective. Chapters II-VI examine the following issues: • the constitutional principles which should guide the behaviour of any government in relation to money; • the historical development of money and its theoretical qualities; • the difference between 'commodity' and 'fiat' money and the constitutional implications of their respective monopoly supply by governments; and • the constitutionally ideal monetary regime. Chapters VII, VII and IX then examine the existing monetary regimes in New Zealand, the United Kingdom, and in the European Union, and I compare these regimes to the constitutionally ideal monetary order identified in Chapter VI. The penultimate chapter examines electronic payment systems over the Internet, and assesses the possible impact these will have on governments' monetary monopolies in the future. The fundamental conclusion of the thesis is that adherence to constitutional principles demands that money be supplied on a private competitive basis. Notwithstanding that many central banks are now 'independent', the way money is supplied today - by governments possessing monetary monopolies - is contrary to the principles of constitutionalism.