Search

In the face of a threat to democratic rule, a Brazilian electoral court barred its former president, Jair Bolsonaro, from holding office for eight years. Unfortunately, the United States lacks a similar electoral court to protect the integrity of the electoral process—in fact, our electoral system is organized in such a way that it invites attacks on its integrity. These problems in design can be traced back to the US Constitution, which, notwithstanding its durability and historical greatness, suffers from certain defects that leave the United States vulnerable to democratic back-sliding. Principal defects include the method of presidential elections via the Electoral College, the two-senator-per-state rule in the upper chamber of Congress, and, perhaps most damaging of all, the method for amending the Constitution. [ABSTRACT FROM AUTHOR]

Both group agents (for group agency theorists) and individual agents (for enactivists) are themselves constituted by agents. This raises a similar challenge for both group agency and enactivism, namely to explain the constitutive relationship between sub-agential agents and the agents themselves. In this paper, I propose an enactivist account of what constitutes collective action. I conclude that non-human processes—both natural and artificial—may be constitutive of group agents typically recognized as human. In particular, I argue that machine learning recommendation algorithms should be recognized as constitutive of certain group agents on an enactivist account of what constitutes collective action. [ABSTRACT FROM AUTHOR]

The Royal Commission on the Constitution was a rare moment when the UK's territorial governance was considered as a whole. Established as a response to the rise in electoral support for the SNP and Plaid Cymru in the mid to the late 1960s, the Commission was seen by some at the time and others since of being a cynical attempt to kick the constitutional 'can down the road'. This article is not an analysis of the Royal Commission's findings, rather it offers an examination of why it came to be established. Drawing on an extensive range of primary and secondary source materials, including Cabinet papers and ministerial correspondence, this paper provides a detailed assessment of the months of debates and deliberations, which preceded the decision to establish a Royal Commission on the Constitution. The by-election successes and unnerving near-misses for Scottish and Welsh nationalist parties at by elections between 1966 and 1968 created a sense within the Cabinet that the Government needed to have a clear response to the electorate. That this response was a Commission only followed an intense process of debate and deliberation within Government that failed to produce a broadly acceptable alternative. [ABSTRACT FROM AUTHOR]

Copyright of JURA - Juristische Ausbildung is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In light of the Supreme Court retrenching on certain rights in recent years, more Americans are paying attention to state constitutions. This moment therefore offers an opportunity to explain why scholars, lawyers, and ordinary citizens should take state constitutions as seriously as they do the U.S. Constitution, and consider studying them an intellectually rewarding and important endeavor. In this essay, I attempt to do that. Earlier in our history, state constitutions helped define what it meant to be American. Through the process of drafting and interpreting constitutions, prior generations decided what popular sovereignty meant, who qualified as part of "the people," and what "liberty" meant. The U.S. Constitution has proven resistant to change because of its difficult amendment process. But state constitutions are in the process of changing as we speak. Engaging with them gives us an opportunity to decide questions like what popular sovereignty and liberty mean in the twenty-first century. That is to say, studying state constitutions allows us to contribute to the ongoing discussion about what America means in the twenty-first century in a way no other area of law does. In this essay, I also argue that there are three practical benefits to approaching state constitutions from this perspective: (1) increasing respect for state constitutions; (2) ensuring constitutional stability and avoiding constitutional crisis; and (3) preserving American democracy. [ABSTRACT FROM AUTHOR]

Much of the commentary surrounding AUKUS focuses exclusively on geopolitics and stops short of addressing structural forces of the economic-security nexus that AUKUS has simultaneously reshaped. Advancing the concept of militarised neoliberalism, this paper moves beyond the state-centric focus of 'realist' approaches and unpacks the social, political and economic forces that are reconnected through and simultaneously reshape the geoeconomic order. We argue that AUKUS is not simply a security partnership, but rather constitutes a mutation of neoliberalism emerging in the context of bipartisanship. The latter entails state transformation which reconnects business, politics, and military networks in new ways. Various notions of geopolitics strongly embedded within AUKUS (e.g. supply-chain resilience, technological advance, industrial sovereignty) obscure the nature of the capitalist economy that combines financial capital, state capital, and industrial capital, resulting in the constitution of market and the state. [ABSTRACT FROM AUTHOR]

This collection addresses the question: how are masculinities constituted and performed in work and employment settings? Work, Employment and Society has published many studies which show people performing, engaging and resisting constitutions of masculinities in employment settings. This collection brings 11 of these publications together to show how and why masculinities – as culturally constructed constitutions and performances – are reproduced, consolidated and contested in work and employment contexts. Three categories are used to order the selected publications: (1) precariousness, (2) embodiment and (3) symbolic interactions. The collection provides a body of work showing what we know (and do not know) about how masculinities are constituted and performed in employment settings, which contemporary scholars can consult, engage with and build on as the sociological intersection of gender, masculinities and work evolves, especially at the empirical level. [ABSTRACT FROM AUTHOR]

This paper comments on the arguments made in 'knowledge without disciplines: a critique of social realism's disciplinary fixation', authored by Keith Barton. It is suggested that Barton has not fully grasped how social realism views disciplines and curricula and that this reflects a wider tendency amongst commentators to overlook some of the thinking underpinning social realism. A different, more generous interpretation of social realism is outlined in respect of disciplinarity, the constitution of knowledge, the relationship between disciplines and subjects and the socio-epistemic formation that make knowledgeability possible. Social realism is seen as having already made a substantive impact, with the potential to further extend its intellectual horizons. [ABSTRACT FROM AUTHOR]

Copyright of Revista Derechos y Libertades is the property of Dykinson SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of writing this paper is to provide new information on the political situation in Kosovo during the year 1990, with a particular focus on the political movement in Kosovo for the Republic of Kosovo. The analysis of the July 2nd event holds significant importance for Albanian historiography, marking the first major step by Albanians of Kosovo in opposing the March 1989 constitution, which had revoked Kosovo's autonomy a status initially achieved through the 1974 constitution. As a result, Kosovo was reclassified as a subject under the Serbian Republic. My study's focus on the July 2nd event aims to examine archival sources and interpret them using an analytical method, to offer a perspective on one of Kosovo's most pivotal events in the 1990s. The objectives of the paper will focus on the political situation in Kosovo following the abolition of Kosovo's autonomy, which influenced the political developments in Kosovo during 1990. The focus will then shift to the constitutional declaration of July 2nd, the delegates, the developments during the declaration of the republic, the decisions made during the session, as well as the developments after the July 2nd event and the international reactions. This work relies heavily on archival resources from the State Agency of Kosovo Archives (ASHAK), the Municipal Archive of Kaçanik, the "Sadik Tafarshiku" Library, and the "Rilindja", "Bujku", "Bota Sot" newspapers. In addressing this topic, my focus has been on uncovering archival sources and interpreting them. Based on this approach, I will present various archival documents, including the minutes from July 2, 1990--a historical event symbolizing the declaration of Kosovo's republic within the framework of the Socialist Federal Republic of Yugoslavia (SFRY). This act demonstrates Kosovo's reaction against the 1989 constitution, which revoked its autonomy, indicating Kosovo's position as equal to the other republics within the SFRY. This reaction was marked in the hall of the Kosovo Assembly on July 2, 1990, with the participation of 114 delegates; by July 3, the final delegate was also present, bringing the total to 115 delegates who signed the declaration for Kosovo to become the seventh republic of Yugoslavia. The reason for the delay of the 115th delegate refers to extraordinary events and difficult conditions for attending the session. Thus, with the 115 signatures of the delegates of the Kosovo Assembly, Kosovo was declared a Republic of Yugoslavia, which was a success of the political movement, a success that surpassed even the declaration of autonomy in 1974.Through the use of archival sources and their scientific interpretation, we will draw key conclusions regarding the topic, helping to understand the role and significance of the July 2nd event in Kosovo's history. [ABSTRACT FROM AUTHOR]

Copyright of Arab Law Quarterly is the property of Brill Academic Publishers and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In 1958, Charles de Gaulle, with no official standing other than his personal charisma, returned to power with the help of the military. For this reason, Raymond Aron and others, without necessarily criticizing de Gaulle, have interpreted the origin of the French Fifth Republic as a revolution or regime change. In recent years this interpretation has become less common, but this essay aims to defend it. However, most interpreters regard the regime change as completed in 1958, when de Gaulle returned to power and rewrote the constitution. Instead, this essay argues that the circumstances of 1958 created serious ambiguities in the new Fifth Republic. It did not specify what kind of regime the new republic was. These ambiguities were resolved by the constitutional change that de Gaulle executed in 1962, when he called a referendum to establish the direct election of the president through universal suffrage. 1962 completed the regime change begun in 1958. Because of the present popularity of direct universal suffrage, the referendum of 1962 now has the aura of a footnote to the events of 1958. But for the participants, 1962 was a high-stakes, regime-level struggle, and this essay explains why. [ABSTRACT FROM AUTHOR]

Copyright of Tabayyun is the property of Arab Center for Research & Policy Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

A renewed interest in the concept of ideology is evident in recent constitutional theory. Ideology has featured prominently not only in restatements of traditional Marxist positions and attempted retrievals of the material conception of the constitution, but also in democratic critiques of liberal constitutionalism and theories of constitutional identity. The intention of this article is twofold. Firstly, the article defends the explanatory power of a conception of constitutional ideology that is centred on political domination and the 'universalisation' of contingent power relations, rather than more diffuse notions like the symbolic construction of reality or worldviews. Secondly, the article considers distinctive ideological dimensions of modern constitutionalism. An analysis of these dimensions, I contend, confirms modern constitutionalism's strong ideological 'potential'. [ABSTRACT FROM AUTHOR]

Based on a comparative analysis of the constitutions of Qatar, Oman, Saudi Arabia and the United Arab Emirates, the article examines the problem of enshrining human rights in absolute Arab monarchies at the constitutional level and its relationship with the principles of Muslim law. In the modern Arab world, the issue of human rights is regulated quite specifically. On the one hand, Arab countries are increasingly covered by the global trend of establishing and observing the principle of priority of human rights. On the other hand, in the vast majority of Arab countries, Muslim law officially operates as either a component or the basis of the national legal system, which affects significant differences in the interpretation of the principle of priority of human rights in secular legal systems. One of the features of religious legal systems is the non-recognition of the principle of formal equality of human rights. It was concluded that in all four countries, the basis of the national legal system is Muslim law, which is enshrined at the constitutional level and means that all human rights and freedoms are interpreted taking into account the approaches and principles of Muslim law, including non-absolute equality. All four constitutions have a special section devoted to the rights, freedoms and duties of a person and a citizen. In the Constitutions of Qatar and Oman, there are separate sections of the Constitution, which are devoted to various principles of public life, which also deal with human rights, which is not characteristic of the Constitution of the United Arab Emirates. The constitution of Saudi Arabia contains a section devoted only to the economic principles of the state. It is proved that in all studied Arab absolute monarchies there is an appearance of combining absolutism with constitutionalism; legal consolidation of the principles of the absolutist form of government by constitutions; proclamation of human rights by constitutions without a mechanism for their practical implementation. The implementation of democratic principles and the rights and freedoms of citizens proclaimed by the Constitutions of Arab absolute monarchies has no real basis. The mentioned norms do not provide material and legal guarantees that would provide all citizens with the opportunity to exercise these rights and freedoms, and do not constitute a real basis for the protection of individual rights, despite the established list of rights and freedoms of a person and a citizen. [ABSTRACT FROM AUTHOR]

Article 174 of the [Iranian] Constitution grants the General Inspection Organization the authority to supervise institutions in terms of implementing laws and the proper conduct of affairs. The concept of supervising the proper conduct of affairs has many ambiguities. Aside from inherent linguistic ambiguities, there are no regulations in practice to determine what constitutes proper conduct, leaving the assessment of this matter solely to the inspectors of the General Inspection Organization. This is particularly significant because the organization can, based on its interpretation of proper conduct, issue binding recommendations to institutions, and failure to implement these recommendations can result in criminal liability for the authorities of those institutions, regardless of whether they agree or disagree with the proposed recommendations. This study employs a descriptive-analytical method to identify the concept and scope of the General Inspection Organization's supervision power over the proper conduct of affairs within the legal system of the Islamic Republic of Iran. Among various solutions, it appears that the best approach is for the General Inspection Organization and the Judiciary to establish standards so that any administrative decision adhering to these standards falls under the category of proper conduct, while decisions outside this process can be reviewed and amended by the organization. [ABSTRACT FROM AUTHOR]

Unfortunately, the concept of the founding power remains neglected in discussions on the constitutional law of Iran. It has become a prevailing view that after determining the type and form of the regime and the formation and ratification of the constitution, this creative power comes to an end and dissolves in order to ensure the stability of the established system. This is dangerous because it may lead to the overlooking of the vital role of the people, who are the true creators of a political system. However, it must be noted that the creator cannot dissolve and disappear within its creation. Such a viewpoint leads to dictatorship and the erosion of the people's sovereignty. Therefore in this research, which is conducted using a descriptive-analytical method and library sources, important concepts that are often conflated will first be clarified. Then, the status of the founding power and its role in the 1979 Islamic Revolution will be examined based on Chapter VIII of Carl Schmitt's book, Theory of the Foundation. [ABSTRACT FROM AUTHOR]

This article traces the history of census undercount and its importance to civil rights. The Constitution mandates a census and calls for Congress to use the results to apportion seats in Congress and the Electoral College. A substantial undercount in the census will misallocate congressional and electoral college votes. More recently, census-derived statistics are used for the geographic allocation of federal and state funds. This linkage of the census count to the distribution of federal and state funds puts the undercount on the radar for states and municipalities. Closely tied to the undercount and becoming a more central issue to the Census Bureau is the difficulties in reaching hard-to-count populations. Is the Census Bureau up to the task? We end our story with a discussion of Detroit's experience with the 2020 Census, including its unsuccessful challenge to its housing count. [ABSTRACT FROM AUTHOR]

In the three books under review, mid- to late twentieth-century American founding narratives and their supporting myths—of a democratic, liberal, and enlightened revolutionary-era America—are in varying ways challenged. Richard Bensel, for instance, rejects the truthfulness of any founding narrative and suggests that if one were to make public the dishonesty of one's own country's founding myths, it would be heretical. The ideological coherence of the rebellious colonists, owners of a half-million slaves, is also questioned by Peter Moore. As much as one might consider such attacks novel, they are not. One hundred years ago, Progressives attacked the class and cultural biases of the American founding, especially those of the US Constitution. Today, the same is true of contemporary progressives and, in some instances, a subset of the Christian Right—a subset Cooper and Dyer are keen to refute. It is in this intellectual context that these three works offer their revisionary fare. [ABSTRACT FROM AUTHOR]

The originality of Maine de Biran's philosophy is his discovery of the apperceptive intuition of effort as the basis for the constitution of the conscious (my)self. Yet, although Biran routinely associates this effort with the exercise of force, his late philosophy is often characterized as a philosophy of the renunciation of power for a quietist embrace of passivity. Biran's life-long struggle with physical debilitation perhaps speaks in support of a philosophy of weakness over strength. However, this paper takes the opposite view and sees in Biran's personal experience of sickness, not weakness but 'phenomenology' of a will to triumphing power. Further, it argues that in this desire for strength is a Biranian theological opening to a power, which impossible to give myself, is the ground for a transcending aspiration into the power of God. The experience of weakness is the experience of a deeper longing for the transformation of effort. [ABSTRACT FROM AUTHOR]

Copyright of Annales Historiques de la Révolution Française is the property of Librairie Armand Colin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Polyisoprene (PI) melts have been studied, with most reports focusing on systems with high 1,4-cis content. In contrast, 1,4-trans PI homopolymers or random copolymers have seldom been examined, despite a handful of investigations suggesting a distinct dynamic behavior. Herein, we employ all-atom simulations to investigate the effect of chemical architecture on the dynamics of cis and trans-PI homopolymers, as well as copolymers. We examine the thermodynamic, conformational, and structural properties of the polymers and validate the performance of the models. We probe chain dynamics, revealing that cis-PI presents accelerated translation and reorientation modes relative to trans as recorded by the mean square displacement of the chain center-of-mass as well as by the characteristic times of the lower modes in a Rouse analysis. Interestingly, progressing to higher modes, we observe a reversal with trans units exhibiting faster dynamics. This was further confirmed by calculations of local carbon–hydrogen vector reorientation dynamics, which offer a microscopic view of segmental mobility. To obtain insight into the simulation trajectories, we evaluate the intermediate incoherent scattering function that supports a temperature-dependent crossover in relative mobility that extends over separations beyond the Kuhn-length level. Finally, we analyzed the role of non-Gaussian displacements, which demonstrate that cis-PI exhibits increased heterogeneity in dynamics over short-timescales in contrast to trans-PI, where deviations persist over times extending to terminal dynamics. Our all-atom simulations provide a fundamental understanding of PI dynamics and the impact of microstructure while providing important data for the design and optimization of PI-based materials. [ABSTRACT FROM AUTHOR]

Copyright of ASBU Law Journal is the property of Social Sciences University of Ankara and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Politics in Latin America is the property of Sage Publications Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As most state constitutions classify pandemics as state emergencies, the government or executive branch is responsible for responding to the COVID-19 pandemic in most countries around the globe. Nonetheless, no nation, including Indonesia, can win the pandemic war without the assistance of other governmental authorities, such as the Parliament. This article argues that because the Indonesian Parliament contributed little to the government's efforts to combat the pandemic, governments frequently fight pandemics alone, prolonging the crisis and wreaking havoc on the health and economic well-being of society. The legislature's oversight of the government's efforts to combat COVID-19 was limited due to two factors. The Indonesian political tradition's awkward attitude toward confronting the executive is influenced by the country's long period of authoritarian rule and the fact that most Parliamentarians belong to government alliances. This article concludes that oversight of the government's efforts to combat the pandemic falls squarely on the shoulders of the legislature. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho (15105172) is the property of Universidad de Montevideo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Materia Arquitectura is the property of Universidad San Sebastian and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines references to tikanga Māori (Māori (the Indigenous Peoples of New Zealand) values) by New Zealand political parties. The article grounds itself in some of the wider debates relating to the incorporation and application of tikanga, Māori values, across New Zealand in both legal and political contexts, with particular review of legislative references. An analysis of New Zealand political party policies and constitutions from the 2020 General election showed that over half of the political parties who campaigned made some reference to tikanga, but there was great variation in how tikanga was interpreted. This article assesses some of the opportunities and complexities of New Zealand political party engagement with tikanga Māori. [ABSTRACT FROM AUTHOR]

The paper comprehensively responds to critical comments by F. Michelman, D. Rasmussen, J. van der Walt, S. Winter, P. Niesen, and B. Schupmann on Sovereignty Across Generations. Constituent Power and Political Liberalism. The themes debated include: whether Rawls's dualist view of democracy, including his idea of legitimation by constitution, intimates or calls for a concretistic view of a subject of constituent power as creator of the constitutional order (Michelman); the relation of the normative to the historical in political liberalism and whether Plato's allegory of the cave is helpful for elucidating the meaning of the 'most reasonable for us' (Rasmussen); Rawls's stance vis-à-vis the unbridgeable divisiveness of pluralism, the virtuality of overlapping consensus, and the dissolution of constituent power into a panoply of constituent powers (Van der Walt); democratic sequential sovereignty contrasted with serial sovereignty, the sensibleness of distinguishing legal principles from the cognitive assumptions undergirding their application, the justification of sequential sovereignty, and the nexus of vertical reciprocity and freedom across generations (Winter); the implications of the gap between 'the people' and the population for constitutional legitimacy, and the distinct prospects for a Habermasian and a political liberal conception of constituent power to be applicable at a supranational level (Niesen); the cogency and effectiveness of 'implicit unamendability' for safeguarding constitutional essentials compared with entrenching them via eternity clauses, the extent to which measures of militant democracy are compatible with political liberalism (Schupmann). [ABSTRACT FROM AUTHOR]

In noncausal explanations, some noncausal facts (such as mathematical, modal, or metaphysical) are used to explain some physical facts. However, precisely because these explanations abstract away from causal facts, they face two challenges: (1) it is not clear why one rather than the other noncausal explanantia would be relevant for the explanandum ; and (2) why would standing in a particular explanatory relation (e.g., "counterfactual dependence," "constraint," "entailment," "constitution," and "grounding"), and not in some other, be explanatory. I develop an explanatory relevance account that is based on erotetic constraints and show how it addresses these two challenges. [ABSTRACT FROM AUTHOR]

Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the 25th of February 2024, four years since the first Act of Legislative Content of the Greek Government concerning the prevention and limitation of the spreading of coronavirus COVID-19 were completed. The regulatory production of this period is huge and has a series of unique characteristics with prevailing one the use of means of extraordinary legislation as foreseen in the Greek Constitution. All these measures are presented in a consolidated form in the "Special Administrative Codification of urgent regulatory measures to prevent and limit the spreading of coronavirus COVID-19 and to deal with relevant problems" under the short name of PANDEKTIS, conducted by the Department of Administrative Codifications – Raptarchis of the Secretariat General for Legal and Parliamentary Affairs of the Presidency of the Greek Government. The study of this monumental work gives rise to very interesting findings, about the way Hellenic Government handled the Pandemic crisis. This article presents the law-making process and the process of issuing secondary legislation during the Pandemic, its quantitative and qualitative characteristics with special comment on the fulfillment of the rules and principles of Better Regulation and discusses the use of administrative codification as a means of reflecting an holistic picture of the regulatory production during a period of crisis. [ABSTRACT FROM AUTHOR]

Copyright of Trans/Form/Ação is the property of Trans/Form/Acao and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This essay investigates and describes the political regime that dominated much of Irish political life in the twentieth century. It was marked by the rise, and eventual fall, of Fianna Fáil as the nation's government party. It charts the creation of the Fianna Fáil regime – the building of a government party to manage a state deliberately cast in its own terms – and then identifies and explores the long decade that saw the slow collapse of both. In the aftermath, the fragmentation of national political competition, and the challenges to the constitutional framework, have left a political regime bereft of the party and constitutional frames that long defined its core political moorings. [ABSTRACT FROM AUTHOR]

Of Ukraine's six presidential transitions, only those in 2010 and 2019 proceeded entirely as envisioned in the constitution. In several cases, elections and transitions resulted from ad hoc arrangements made to address political crises. In one case, street protests forced the rerunning of elections seen as rigged, and in another street protests led to the departure of a president whose election had been seen as free and fair. In some cases, procedures that were entirely improvised were widely seen as legitimate, while in other cases established formal procedures were insufficient to legitimize a leader's rule. This raises the question of how elections and legitimacy interact. Under what conditions are elections sufficient to legitimate rule, and in what cases are they insufficient? Under what circumstances do non-legal means of changing rulers gain popular legitimacy? By reviewing Ukraine's seven presidential elections and six transitions of power, this article explores variation in the power of elections as a legitimating force. [ABSTRACT FROM AUTHOR]

In this paper, I address the significance of the key notions of coordination, constitution and convention. My aim in so doing is to provide a better understanding of their relation to conventionalism and to evaluate the prospects for a version of the relativized a priori based on a refinement of the notion of coordination. I stress the Kantian roots of all three concepts. Moreover, I argue that the link between the early logical positivist requirement for the uniqueness of coordination and the Kantian account of empirical objectivity provides an interpretive key that sheds light on the alleged incompatibility between constitutive principles and conventionalism. [ABSTRACT FROM AUTHOR]

The article is devoted to the little-studied issue in Ukraine of the legislative ban on holding extraordinary, or early, elections of People’s Deputies of Ukraine during the period of the special legal regime of martial law. The subject of the research is such a type of early parliamentary elections as mid-term elections of a people’s deputy. The urgency of the researched issue is due to the ongoing martial law regime in Ukraine and the need to hold these elections. The complexity of the investigated issue is due to the legal ban on holding any elections in Ukraine during this martial law. A significant difference between ordinary and extraordinary parliamentary elections in the conditions of this martial law has been identified: the ban on holding ordinary parliamentary elections leaves the country with a valid parliament, and the ban on holding extraordinary parliamentary elections deprives the country of its current parliament. In order to investigate the legality of this ban on mid-term elections of people’s deputies, the following were analyzed: firstly, the publications of Ukrainian scientists regarding these mid-term elections of people’s deputies in the conditions of this martial law; secondly, the legislative justification of the body of state management of the election process in Ukraine regarding the non-appointment and non-holding of these interim parliamentary elections during martial law, using the example of the case of December 13, 2023. Among the main things, it was clarified: firstly, that this ban is not a norm of the Constitution of Ukraine neither for scientists nor for the state election management body; secondly, that this prohibition does not have sufficient legal force without a constitutional justification; thirdly, that this ban does not have an undeniable link of consistency with the Constitution of Ukraine: some claim that this ban corresponds to Article 64 of the Constitution of Ukraine, others claim that it does not correspond to it, but contradicts it. It is proposed to consider as an alternative to this ban on elections during this martial law the electoral qualification of martial law - a special and temporary restriction of the circle of voters for holding these byelections in the conditions of this war. A specific version of this qualification is proposed - the qualification of a legal entity [ABSTRACT FROM AUTHOR]

Copyright of Journal of Comprehensive Science (JCS) is the property of Green Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Question (1669-6581) is the property of Universidad Nacional de La Plata and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The caudillo strongman remains emblematic of Latin American authoritarianism, but scholarship has seldom reflected on the semantic shifts that this concept suffered over time and its implications for the history of political thought. Numerous political experiments have been marginalized from historical and state-building narratives as the irrelevant work of caudillos , such as the short-lived Rio Grandense Republic in southern Brazil (1836–45). By explaining the Rio Grandense caudillos ' engagement with constitutionalism, this article argues that ' caudillo ' can be a useful category of analysis if historically contextualized. The article thus reconsiders the history of political thought and state-building in Latin America and beyond in the age of revolutions, suggesting the serious need to scrutinize 'failed' states and revolutions. This argument is pursued in three steps. First, the article describes shifting understandings and usages of ' caudillo ' in nineteenth-century Brazil and neighbouring River Plate states. Second, it analyses the Rio Grandense Republic's 1842–3 constituent assembly and the novel electoral procedures it employed. Third, it examines the never-promulgated constitutional draft produced by its assemblymen. This constitutional draft is then compared to contemporary River Plate and Brazilian constitutions and its rejection is explained through the assemblymen's divergent understandings of constitutionalism and democracy. [ABSTRACT FROM AUTHOR]

The Academic Freedom in Constitutions dataset is a new resource that empirically maps constitutional guarantees of the freedom of science, of academic freedom, and of university autonomy in 203 countries, spanning the period from 1789 to 2022. While the topic of academic freedom has been gaining increasing prominence in political and legal research over the past decade, it is so far largely absent from the comparative constitutional literature. However, its global codification process holds interesting insights for the study of international norm diffusion, both with respect to its functional connection to higher education development and its distinct constitutional genealogies. The paper first introduces the dataset and explains how it is different from previous coding efforts, before discussing its significance and potential contributions to the comparative legal literature, political science, and other research. [ABSTRACT FROM AUTHOR]

The introduction of algorithms in courts is currently the object of much scrutiny, attempting to find balance between increasing efficiency to the legal system and avoiding associated risks. This paper aims to explore how the judiciary organisations responsible for implementing algorithms describe the temporal demands of continuity and change, through a case-study of the Brazilian National Council of Justice (CNJ). Through its centralised, collaborative and open-access based platform, the CNJ views algorithms as a necessary step to deal with excessive case-load, and as a rationality-instituting mechanism for a currently dysfunctional situation. It attempts to deal with risks of disruption by placing itself in a supervisory role regarding all algorithms developed by courts across the country, ensuring the quality of the data and excluding the moment of judicial decision-making from automation, but this does not exclude the representation of the new technology as an instrument to implement specific doctrinal positions. [ABSTRACT FROM AUTHOR]

What would the 'sharing economy' look like if platform providers optimised for racial and other forms of diversity? This article considers that question. Following the Introduction, Part 2 of this article reviews the widespread nature of race and other forms of discrimination in platform technologies. Part 3 uses core strands of property theory to analyse the ways in which racial privilege translates into property entitlements. Part 4 discusses a range of reforms within property law that can contribute to eliminating the value – and ultimately the fact – of whiteness as a property entitlement in the platform economy. [ABSTRACT FROM AUTHOR]

This paper presents an analytical mapping of institutional design possibilities for alternative ways for digital platforms to institutionalise property and corporate form. It builds on the institutional imagination catalysed by three vignettes of experimental sharing economy initiatives presented towards the start of the paper, each of which highlights the imbrication and interdependence between economic and social dimensions of the sharing economy. The paper then interrogates the vignettes through three analytical entry points to the institutional design of commons-based sharing economies: platform, care and place. By remapping the vignettes' practices around these three entry points, the paper shows how they help constitute the incipient formalisation of commons-based approaches to the sharing economy. The prospects for carrying out a redesign of property and corporate forms more generally thereby become more visible, providing a sound foundation for more in-depth empirical and historical work on alternative trajectories of the sharing economy in the future. [ABSTRACT FROM AUTHOR]