Thesis (Ph. D.)--Universität, Hannover, 1999. / Includes bibliographical references (p. 161-167).

Inaug.-Diss.--Giessen. / Lebenslauf. "Literatur": p. v-ix.

Inaug.-Diss.--Göttingen. / "Literatur": p. [5]-7.

Inaug.-Diss.--Würzburg. / "Literaturverzeichnis": p. [7]-9.

published_or_final_version / SPACE / Master / Master of Arts

This study explored the process of constitutional interpretation and constitutional review in Ethiopia and determined the role of the courts. It examined the different suggestions made by different authors and officials regarding the respective role and function of the courts and the House of Federation in interpreting the constitution and exercising the power of constitutional review. It also seeked to inquire the counter-majoritarian problem which focused on the relationship between judicial review and democracy. The thesis also inquired into the legitimacy of the Ethiopian approach to constitutional review. In this regard it seeked to determine whether the approach represents and adequate response to the counter-majoritarian problem. It also seeked to determine whether Ethiopia has adopted an institution that is well suited, competent and impartial to discharge the task of constitutional interpretation and constitutional review.

Approved for public release, distribution is unlimited / The evolution of the Japanese Self-Defense Force (JSDF) over the past fifty years has created debate in Japan's Parliament over its legality, purpose, direction and normalization. The JSDF appears to be taking steps to "normalize." If so, what are the indicators and have any of the steps been achieved? This thesis analyzes the trends of the JSDF in its evolution from a National Police Reserve to a self-defense force as to the roles and missions that it has chosen to accept or reject. Also, the issues that arise out of Article 9 in Japan's Constitution are examined to determine if there is a conflict in interpretation. Japan's major political parties' views on Article 9 and the JSDF are presented in order to determine where they stand on the issues. Japan's regional neighbors and their possible reactions to a normalization of the JSDF are presented, in addition to other factors that will either aid or impede the normalization of the JSDF. Finally, recommendations regarding the United States' approach to engaging a normalized Japan are presented. The basic conclusion of the thesis is that Japan will normalize the JSDF and United States policy should be to encourage and engage Japan's normalization. / Lieutenant, United States Navy

Thesis (Ph. D.)--Yale University, 1911. / Bibliography: p. [173]-181.

 In 2011, many countries experienced great travail in the process of constituting a new order. Of different religious backgrounds, these countries have been seeking to establish a constitutional order to assure greater liberty and higher estimation of human rights. However, the idea of constitutionalism is a legal concept that has its origins in Christianity. For states of non-Christian backgrounds to embrace constitutionalism, more than simple transplantation is needed. This research looks at the Christian legal tradition that incubated the idea of constitutionalism. It aims to provide a timely reference for the non-Christian countries to communicate with their local legal traditions when constructing the constitutional order during this current period of political change. The research demonstrates an incubation process in which Christianity has played a major part in generating constitutionalism. It traces the constitutional thinking of St. Augustine, Thomas Aquinas, Richard Hooker and John Locke, and presents how their legal thoughts were intertwined together with the Christian faith. The research shows the interlocking relationships among the four thinkers, with each of them establishing their constitutional ideas on those of the one before him. St. Augustine formed the embryo of the process. He introduced the idea of two cities, which established a concept of higher justice above all human authorities. He also redefined the concept of people in order to explain the relations among God, people and the state. Thomas Aquinas applied the higher justice concept to medieval order and developed a mixed constitutional polity supported by bible verses. He defined law with rationality, which is God’s command. Richard Hooker amended Aquinas’ general theory of law and grounded the popular sovereignty on reasonable men exercising their consent. John Locke finally rendered the sovereignty to independent individuals; thence, individual human rights must be guarded against any interventions from public authority. The protection of individuals is the paramount value that identifies constitutionalism. Therefore, the author argues that Christianity is one of the major dimensions that enabled the birth of constitutionalism. / published_or_final_version / Law / Master / Master of Philosophy

Early twenty first century Vietnam has witnessed the emergence of constitutional discourse in line with some ideas and institutions of western liberal constitutionalism. This movement has unfortunately led the constitutional discourse to underestimation of the relevance of the local culture. In Vietnam, Confucianism is an integral component of the national culture. It has a long tradition and has continued to influence on different aspects of the modern society in the nation. As constitutionalism must be ultimately underpinned by culture values and political tradition, the relations of Confucianism to the promotion of constitutionalism in Vietnam should be taken into account. This account adopts a balanced approach to the relationship between Confucianism and constitutionalism. It supports the integrationist approach, which attempts to marry the best elements of Confucianism with the best elements of western constitutionalism to produce a distinctive form of constitutionalism suitable to the local context. However, to carry out the integrationist project, it is important to determine what can be integrated, and to do this, the integrationist approach must be combined and balanced with the indigenist and critical approaches. On the side of Confucianism, it is necessary to identify constitutionalist elements, and this requires us to, from an indigenist perspective, discover constitutionalist values in the Confucian tradition. On the side of western constitutionalism, it is necessary to, from a critical view, identify its disadvantages and advantages so as to select the most suitable elements for the integrationist project. General speaking, this study defends the thesis of the positive relationship of Confucianism to constitutionalism with particular reference to the case of Vietnam. The study firstly systematically discovers classical philosophical foundations of Confucian constitutionalism. It then examines the practice of Confucian constitutionalism in imperial Vietnam. Subsequently, it demonstrates the antecedent projects of integration of Confucianism with Western constitutionalism in the modern history of Vietnam. Finally, the study contemplates the possibility of further integration of Confucianism and western constitutionalism in contemporary Vietnam by proposing the Constitutional Academy as a mixed model of constitutional enforcement. This inquiry is significant in several ways. Firstly, it contributes to our better understanding of the history and development of Confucianism, constitutionalism, and their relationship in Vietnam. Secondly, it can further enhance the scholarship of the intellectual foundations and experimentations of constitutionalism in pre-modern East Asia. Finally, the findings in this study can have implications for further reflection on the global expansion of western liberal constitutionalism in non-western contexts, and the prospects of constitutionalism in an East Asian Confucian context. / published_or_final_version / Law / Doctoral / Doctor of Philosophy