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Constitutional Law and Federations provides a concise overview of the British occupation of Cyprus(1878-1959), the efforts of the Greek Cypriots for independence, and the structure and peculiarities of the current Cyprus Constitution. Federal states and the concept of federalism worldwide and, in every era, have come into being because of important political and security reasons dictating or necessitating the creation of such governmental organizations. The bi-zonal federation envisaged for Cyprus, in the Accords of 1977 and 1979 is not in compliance with these prerequisites. According to objective legal norms, bi-communal and bi-zonal federation flagrantly violates international law and is incompatible with the notion of human rights with regard to Cyprus. A federation modelled on the United States of America federal Constitution could, indeed, provide an ideal framework for settling the Cyprus problem and safeguarding the protection of basic human rights and constitutional freedoms for all sections of the population on the island. This book will be of interest to scholars and students of constitutional law, international law and international relations as well as diplomats, who deal not only with the Cyprus issue but also with related regional and international issues.
List of contents
Part I: British Constitutional Policy and the Cyprus Republic Constitution
Chapter 1: Legal Questions Arising from the British Occupation
Chapter 2: The British Position against Cyprus U.N. Applications for Self-Determination
Chapter 3: British Constitutional Proposals for Cyprus
Chapter 4: The Structure and Legal Peculiarities of the Constitution
Chapter 5: Initial Thoughts on a Settlement of the Cyprus International Dispute
Part II: Classical Greek Federal Constitutions and Modern Federal Government
Chapter 6: Classical Greek Federal Constitutions
Chapter 7: Modern Federal Government
Part III: Federal Constitutions and Human Rights Law
Chapter 8: Turkish Promotion of Federation
Chapter 9: The Concept of Federalism
Chapter 10: Federal State for Cyprus: A Constitutional Law Perspective
Chapter 11: Federation and Human Rights
Chapter 12: European Union Involvement in the Settlement of the Cyprus Issue
Chapter 13: The Legal Principles Pacta Sunt Servanda and Rebus Sic Stantibus
Part IV: American Federal Constitution: A Model for Cyprus
Chapter 14: Federal Legislative Power
Chapter 15: Federal Executive Power
Chapter 16: Federal Judicial Power
Part V: United States Federation: A Model for Cyprus
Chapter 17: Union-Preserving Aspects of Federalism
Part VI: The Cyprus Problem and International Security
Chapter 18: The Security Aspect of the Cyprus Problem: International Law Ramifications
About the author
Iacovos Kareklas, expert in constitutional law, international law and philosophy of law, is visiting fellow of Pembroke College in the University of Oxford.
Summary
This monograph analyzes classical Greek federal constitutions and modern federal government. Its central thesis is the proposition that a federation, modelled on the United States Federal Constitution, an ideal constitution of federalism, should provide the basis on which the Cyprus problem should be settled.
