Documentary material relating to the history of Iowa - Volume 3, 1896.

Benjamin F. Shambaugh edited and compiled documents and publications for this book on the history of Iowa. This volume 3 is a continuation of volume 2 which is concerned with the history of local political organization from 1787 to 1834. Documents are illustrative of the development of local government in Iowa from the establishment of the Territory of Wisconsin in 1836 to the revision of the statutes of Iowa in 1842-43. It includes documentary material from the Louisiana Purchase, the Territories of the Northwest, Wisconsin and Iowa; the Convention of 1857; the Iowa Constitution of 1846 and the Ratification of Constitutional Amendments.

Valtiosääntöinen päätöksenteko talous- ja rahaliittoon liittymisestä

Abstract: The constitutional decision-making to join European Economic and Monetary Union

Spatial planning to the test of property rights in Switzerland : an innovative land management approach to coordinate spatial planning goals with property rights interests

In Switzerland, the land management regime is characterized by a liberal attitude towards the institution of property rights, which is guaranteed by the Constitution. Under the present Swiss constitutional arrangement, authorities (municipalities) are required to take into account landowners' interests when implementing their spatial planning policy. In other words, the institution of property rights cannot be restricted easily in order to implement zoning plans and planning projects. This situation causes many problems. One of them is the gap between the way land is really used by the landowners and the way land should be used based on zoning plans. In fact, zoning plans only describe how landowners should use their property. There is no sufficient provision for handling cases where the use is not in accordance with zoning plans. In particular, landowners may not be expropriated for a non-conforming use of the land. This situation often leads to the opening of new building areas in greenfields and urban sprawl, which is in contradiction with the goals set into the Federal Law on Spatial Planning. In order to identify legal strategies of intervention to solve the problem, our paper is structured into three main parts. Firstly, we make a short description of the Swiss land management regime. Then, we focus on an innovative land management approach designed to implement zoning plans in accordance with property rights. Finally, we present a case study that shows the usefulness of the presented land management approach in practice. We develop three main results. Firstly, the land management approach brings a mechanism to involve landowners in planning projects. Coordination principle between spatial planning goals and landowners' interests is the cornerstone of all the process. Secondly, the land use is improved both in terms of space and time. Finally, the institution of property rights is not challenged, since there is no expropriation and the market stays free.

Pitkä tie perustuslakiuudistukseen

Abstract: The long road to the constitutional reform

Pieces of Iowa’s Past, March 21, 2012

Pieces of Iowa’s Past, published by the Iowa State Capitol Tour Guides weekly during the legislative session, features historical facts about Iowa, the Capitol, and the early workings of state government. All historical publications are reproduced here with the actual spelling, punctuation, and grammar retained. March 21, 2012 THIS WEEK: Quick Work at Carlisle(From the Indianola Tribune, December 20, 1877) BACKGROUND: Lewis Todhunter was born in Fayette County, Ohio, April 6, 1817. He was admitted to the bar in Highland County, Ohio, in 1848. Todhunter came to Iowa in 1850, settling along the Des Moines River in Polk County, where he was engaged in farming and selling goods. In 1854, he moved to Indianola and began the practice of law, continuing in that profession for more than a quarter of a century. He served as prosecuting attorney, county auditor, treasurer, and mayor of the city. He was a member of the third constitutional convention, which met at Iowa City in 1857, representing Warren, Madison, Adair, and Cass counties in that body and had the honor of assisting in making the first laws of the state. Todhunter served in the army during the Civil War from 1863-1865 as assistant quartermaster with rank of Captain. He is perhaps widest known, however, as a temperance leader and earnest worker. He joined in the Washingtonian movement in 1840 and was active in temperance reformation for the rest of his life.

Citizen participation and the Lisbon Treaty : A legal perspective

How to "bring the [European] Union closer to its citizens" is a vexed and vital problem of European integration. Article 11 TEU on participatory democracy, recently introduced by the Lisbon Treaty, is meant to be part of the solution. The EU Economic and Social Committee has gone so far as to define this provision "a milestone on the road to a people's Europe that is real and feasible". This appears to be an overly optimistic assessment - partly because art. 11 relies heavily on the involvement of civil society organisations, which political science literature suggests is conceptually and/or practically irrelevant to citizen involvement; partly because it largely formalizes participatory practices that have been in existence for years without cognizable effects on citizen participation; and partly because even its most innovative element - the European citizens' initiative (ECI) - does not bring significant changes to the Union's constitutional arrangements in terms of redistributing decision-making power. In addition to that, secondary legislation places significant hurdles on the submission of ECIs and might prevent or delay their becoming a standard democratic practice. This is not to say that art. 11 TEU has no potential at all. Its insertion in the Treaty might provide impetus to rethink and develop past participatory practices, such as horizontal civil dialogue. Moreover, the effects of "popular input" in the form of ECIs on EU institutional dynamics is as yet unknown - and perhaps not negligible, to judge from the keen interest that the European Parliament and other bodies have demonstrated in "appropriating" it as a political asset. Finally, art. 11 raises the stakes of the Union's democratic challenge and might pressure EU institutions to make full use of its potential. Or, if eventually proved inadequate, art. 11 might constitute a constitutional experiment on the way to meaningful forms of direct democracy at EU level.

Constitution of Iowa, 1857.

A constitutional convention convened in Iowa City on January 19, 1857 ending on March 5, 1857. The convention drafted and approved the Constitution of Iowa. This constitution is the still in use today by the State of Iowa. It has been amended many times from 1868 thru 2010. NOTE: A .tiff file version of this document is available. The file is very large. Contact the State Library of Iowa to inquire about receiving this version.

Constitution of Iowa, 1857. (Enhanced version)

A constitutional convention convened in Iowa City on January 19, 1857 ending on March 5, 1857. The convention drafted and approved the Constitution of Iowa. This constitution is the still in use today by the State of Iowa. It has been amended many times from 1868 thru 2010. NOTE: This version of the Constitution of Iowa has been enhanced to darken the handwritten text and the covers and blank pages have been omitted. Only the handwritten text is included.

Libertad de cátedra del profesor universitario. Contenido y amenazas en el contexto actual de reforma del modelo de universidad pública

[spa] Asistimos, desde hace algunos años, a un proceso de profundos cambios en la Universidad. Reformas que no sólo están afectando, entre otros, a su financiación, a su gobierno y gestión o a la estructura de las enseñanzas que en ella se imparten. También, y de forma muy especial e intensa, se están proyectando en su profesorado modificando su proceso de selección y transformando su función docente. Precisamente, en relación con ésta última, el papel que está llamado a desempeñar el docente está garantizado por la Constitución que les reconoce el derecho fundamental a la libertad de cátedra. La proclamación al más alto nivel normativo de este derecho del profesor ha obligado a conjugarla con otros derechos, igualmente fundamentales, presentes en el sistema educativo, en especial, el de la educación, y con otras potestades que se encomiendan a poderes públicos y universidades derivadas de la concepción de la educación como un servicio público. No obstante, en la actualidad las amenazas que plantean las nuevas exigencias derivadas del EEES pueden suponer un paso más allá actuando en la misma esencia de contenido de la libertad de cátedra perdiendo su sentido originario y condicionando su ejercicio a límites no permitidos por el propio texto constitucional.

Ihmisarvon loukkaamattomuus perus- ja ihmisoikeussuojan lähtökohtana

English summary: Inviolability of human dignity as a basis for the protection on constitutional and human rights (s. 191.)

Författningsändring och problemlösning: en studie av kvalificerade majoriteter i 34 stater

Abstract: Constitutional amendment and problem-solving: supermajorities in 34 states.

Enhancing centralized enforcement of EU law : Pandora's toolbox ?

State compliance with EU Law is crucial to the very existence of the Union. Traditionally, it has been secured through a combination of strong "private" and of weak "centralized" enforcement. However, this arrangement is no longer perceived to be sufficient. By endowing the Union with new tools vis-à-vis its Member States - penalties, conditionality, and the like - current reforms try to complement symbolic sanctioning with real "consequences". The goal is to reinforce the authority of EU Law. In this article, we question whether the new toolbox is fit for the purpose, or whether it risks to produce adverse effects which might even go as far as upsetting the Union's constitutional template.