135 results on '"*CONSTITUTIONS"'
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2. Emulation in Drafting the Constitutional Law of Mashruteh; Examining Conformities, Innovations and Shortcomings
- Author
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Reza Sharifyazdi, Farnoush Fakhar, and Mohammad Jalali
- Subjects
constitutional law of mashruteh ,democratic constitution ,model constitutions ,public powers ,rights and freedoms. ,Law - Abstract
The first constitution written in Iran consisted of the "Nezam Nameh Asasi" and its supplement, drafted following the Constitutional Movement's victory, called "Mashruteh" in 1906 and 1907. This document, which marked a turning point in the constitutionalism movement in Iran, was influenced by the constitutions of countries such as Belgium, France, Bulgaria, Germany, and the Ottoman Empire. In this regard, the authors in another text have examined the extent and manner of this emulation. This article analyzes constitutional laws using a comparative approach, examining their patterns and comparing them to the "Mashruteh" constitution. The model laws are evaluated using two criteria: rights and freedoms, and public powers. Then, the "Mashruteh" constitution's position regarding these laws is analyzed through a comparative study. As a result of this research, it becomes clear that the Iranian law, in the classification of types of constitutional laws, is placed in the category of semi-authoritarian laws similar to its model laws and among them, with a greater inclination towards democratic Regulations, follows countries such as Belgium and Bulgaria. Meanwhile, the influence of the specific conditions of Iran during the Qajar era and the necessity of paying attention to religious and Islamic issues have created many unique examples in this constitution that distinguish it from all of its models.
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- 2024
3. Barriers to language maintenance and multilingual schooling: examining the language policy provisions in Nepal’s constitutions
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Puskar R. Joshi and Zohreh R. Eslami
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Critical discourse analysis ,democratic constitutions ,language policy ,Nepal ,standard language ideology ,Arif H Kabir, Deakin University School of Education, Australia ,Education (General) ,L7-991 - Abstract
Despite Nepal’s huge linguistic diversity, maintaining minority languages and providing the mother tongue-based education to non-dominant language children are Nepal’s two major obstacles. Scholars have pointed to a negative consequence of the standard language ideology on non-dominant language maintenance and mother tongue-based schooling. Using the critical discourse analysis, this paper analyzed the discourse of Nepal’s two recent constitutions, which have largely been celebrated as transformative language policy texts in favor of non-dominant languages. Analysis of constitutional discourse has implications for language-based equity, home language-based schooling, and the maintenance of non-dominant languages. The current analysis revealed that Nepal’s recent constitutions have employed marginalizing linguistic categories of foregrounding, indexicality, backgrounding, and erasure in promoting the dominant language ideology, which can be rationalized to deny or delay linguistic rights and the mother tongue-based education. While the current research found the new constitution being more assertive than the previous one in support of multilingual schooling and the maintenance of non-dominant languages, existing constitutional provisions are insufficient to alter the current dominant language-based medium of instruction priority and linguistic domination. The continuation of the current language practices weakens the prospects for non-dominant language maintenance and home language-based schooling and legitimizes the state’s inaction in implementing constitutional provisions. This paper concludes that analysis of language policy discourse is important to dig up the roots hindering non-dominant language development and the mother tongue-based schooling and locating the sites of linguistic marginalization.
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- 2024
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4. Constitutions as Mediums of Collective Identities
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Lukáš Lev Červinka
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Constitutions ,social systems theory ,imaginary ,identity ,Czechia ,Italy ,Law of Europe ,KJ-KKZ ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
When we think about constitutions, we tend to see them predominantly through the normative lens of legality, forgetting about the social implications of constitutions and the lives thereof. And even when we do study them from a more socio–legal perspective, we usually associate them solely with the state. This understanding of constitutions is the legacy of not only a state–centric approach in legal science but also of an institutional approach, particularly in political science. It shapes our understanding of constitutions as legal regulations of an institutional framework of the state and the conduct of politics. Moreover, the liberal tradition compels us to see constitutions as tools to restrain the power of the state and ensure the rights and liberties of individuals; that is, as tools of the liberal rule of law.
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- 2024
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5. Reconstitution of oral antibiotic suspensions for paediatric use in households: a cross-sectional study among caregivers of 3–5-year-old children from a selected district, Sri Lanka
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Malith Kumarasinghe and Manuj C. Weerasinghe
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Antibiotic ,Pediatric ,Reconstitutions ,Oral suspension ,Primary caregiver ,Pediatrics ,RJ1-570 - Abstract
Abstract Introduction Reconstitution of oral pediatric antibiotic suspension by primary caregivers plays an essential role in determining the overall health outcome of the child. Incorrect reconstitution techniques could lead to underdosing, overdosing, or introduction of infection. Underdosing could lead to non-resolving infection and antimicrobial resistance. Objectives To assess the practice and associated factors on reconstitution of oral pediatric antibiotic suspensions (OPAS) among primary caregivers of 3–5-year-old children in a selected district in Sri Lanka. Methods A cross-sectional study was carried out among 835 primary caregivers selected using two-stage cluster sampling at field clinics to assess practices for the reconstitution of OPAS. A live demonstration of the reconstitution of the OPAS was assessed by a checklist. Associated factors with caregiver practices on reconstitution were assessed using Chi-square with the statistical significance level set at 0.05. Results A total of 820 respondents were recruited and completed the study (response rate = 98.2%). Overall, 56.0% displayed good performance in the demonstration of reconstitution of oral pediatric antibiotic suspension. Poorest performances were observed in shaking the bottle to loosen the powder (Correct: 53.7%), topping up the bottle with water up to the marked line (Correct: 58.0%), and filling the water below the marked line in the bottle (Correct: 59.0%). Caregivers in urban areas compared to rural and estate regions (45.6% vs. 22.7% and 26.5% respectively) and caregivers aged 35 years or above compared to less than 35 years age group (31.5% vs. 22.5%) performed the reconstitution of OPAS poorly. Parental factors, namely age, gender, level of education, and geographical region (urban/rural/estate) were significantly associated with the performance in reconstituting the oral paediatric antibiotic suspension (p = 0.002, p
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- 2024
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6. Diversity of Monastic Life in the Historical Perspective
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Piotr Krawczyk
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history of religious orders ,rule of the order ,religious constitutions ,religious institutes ,evangelical counsels ,Law - Abstract
In the history of the Catholic Church, various ways of implementing the consecrated life and its specific type in religious life have been revealed. To this day, there are monastic orders, cloistered orders, canons regular, hospitaller orders, mendicant orders, and congregations performing works of mercy. The author briefly presents the history of the evolution of these orders, from antiquity to the present day. The article shows how they have changed throughout history and how they undertake contemporary tasks in a new way. The nature of religious life is still the same, but, depending on the circumstances, it constantly takes new forms to implement the ideal of imitating Christ by pursuing the evangelical counsels in the present times.
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- 2023
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7. Legal Protection of Employee Work Agreements with the Contract System Based on Law Number 6 of 2023 (Study of PT Sunwoo Garment Indonesia)
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Rizka and Urug Muhammad Hatta
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law ,companies ,workers ,constitutions ,Law - Abstract
The main purpose of this research is to find out how the implementation of the employment agreement between PT Sunwoo Garment Indonesia and its workers is based on Law Number 6 of 2023 and review the extent to which the employment agreement brings welfare to the workers. This research includes a literature study with an empirical juridical method in which primary, secondary, and tertiary legal sources are used. As a result, the employment agreement is an important thing that PT Sunwoo Garment Indonesia pays attention to. The employment contract they have is made based on the applicable legislation. It's just that currently the employment agreement is still based on the old law and has not been updated to follow the new law because it is still waiting for a circular letter from the government. The existing work agreements have generally been able to provide welfare for the workers, such as wage increases every year, compensation, severance pay, benefits, and working leave. However, in terms of reimbursement of working leave, the company has not yet fulfilled it. Even though the workers have felt sufficient with the wages given, the company is still obliged to pay the workers' rights so that workers' welfare can be truly achieved.
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- 2023
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8. Droit et gouvernement de l’Empire (284-410 apr. J.-C.)
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Hélène Ménard
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Roman Empire ,Late Antiquity ,Roman Law ,Justice ,Imperial Constitutions ,Roman Jurists ,Social Sciences - Abstract
The legal experience of Late Antiquity is marked by the centrality of the emperor in establishing norms through imperial constitutions. The transmission of these constitutions through the Theodosian Code encouraged a bias that focused attention on general laws, while a “government by rescripts” was maintained. Jurisprudential literature continued to circulate: it permeated the training of jurists and civil servants, as well as judicial practices. Jurists were present at every level of the empire’s administration. The iudices were assisted by legal technicians known as assessors. Emphasis was also placed on minor players who were nonetheless essential to the functioning of justice: notaries and court clerks. Other players also appeared, notably the defenders of the cities and the bishops, through the audientia episcopalis. “Forum shopping” and rivalry between jurisdictions undoubtedly contributed to the negative impression of a late justice system that was not very efficient: literary sources paint a negative picture that needs to be assessed in the light of recent research.
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- 2023
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9. The UDHR at 75: Analysing the Prevalence of the Use of the UDHR and Other Human Rights Treaties in the Work of the Constitutional Court of South Africa
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Angelo Dube
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UDHR ,human rights ,constitutions ,Bill of Rights ,international law ,Law - Abstract
South Africa’s democracy turned 30 years old in 2024. At the same time, its constitutional order and jurisprudence marked three decades since the Interim Constitution and its successor, the 1996 Constitution, came into operation. Coincidentally, the Universal Declaration of Human Rights (UDHR) turned 75 years old in the previous year, 2023. The confluence of these facts is quite poignant in the context of a constitutional text that is often lauded for its commitment to the protection of human rights and the eradication of the injustices of the past, which were firmly entrenched by the segregationist policies of the apartheid regime. At the centre of this hype about South African constitutional jurisprudence is the centrality of international law to the interpretation of the Bill of Rights as well as the development of the common law, customary law, and statutory law. With the UDHR being such a central pillar in the human rights sector, this study set out to determine the extent to which the Constitutional Court of South Africa relied on the UDHR and other international instruments in carrying out the mandate set out above. The study analysed cases delivered by the Court in two separate years, spaced ten years apart. The study did not necessarily attempt to determine a correlation, but simply to use descriptive statistics to determine how often, in those two years, the Court relied on international law in general, and on the UDHR in particular, in its interpretive and legal development mandate.
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- 2024
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10. De la protection de l’environnement dans les Constitutions Algeriennes
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Rabah Tabti
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Algérie ,constitutions ,chartes ,environnement ,nature ,r(évolution) ,Language. Linguistic theory. Comparative grammar ,P101-410 ,Comparative law. International uniform law ,K520-5582 - Abstract
Depuis son indépendance en 1962, l’Algérie a subi des transformations politiques et environnementales. Malgré les obstacles de la reconstruction, la préoccupation environnementale s’est graduellement inscrite dans les textes fondamentaux du pays, notamment les chartes et les constitutions. Même si la constitution de 1963 était muette sur l’environnement, révélant un manque d’attention à l’époque ; mais depuis 1976, des évolutions significatives ont surgi, avec l’implémentation de politiques environnementales axées sur la préservation de la nature. Les chartes nationales de 1976 et 1986, ainsi que les constitutions de 1976, 1989, 1996, 2008, 2016 et particulièrement celle de 2020, ont toutes impulsé des mesures pour la protection de l’environnement. Ces textes fondamentaux sont sans équivoque quant à l’urgence de préserver la nature face au dérèglement climatique et à la nécessité d’une action immédiate. Ces évolutions législatives, notables et révolutionnaires, ont élevé le statut de l’environnement dans le cadre législatif et juridique algérien, témoignant d’une harmonie retrouvée entre l’Algérie, ses valeurs culturelles, son histoire et ses engagements internationaux. Dans ce contexte, une lecture critique a scruté la prise en charge de l’environnement et du climat dans les diverses constitutions et textes juridiques algériens. Les résultats mettent en avant l’importance attribuée à la protection de la nature dans ces documents, tout en soulignant le besoin d’une mise en œuvre plus efficace sur le terrain. Malgré les progrès notables depuis l’indépendance, avec l’émergence de politiques environnementales et l’intégration de la question environnementale dans les textes fondamentaux, l’Algérie doit encore déployer d’importants efforts pour concrétiser ces lois et véritablement préserver la nature sur son territoire.
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- 2024
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11. Patterning Constitutional Conflicts in the Church of Christ in Zimbabwe
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Gift Masengwe and Bekithemba Dube
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constitutions ,conflicts ,conflict resolution mechanisms ,church of christ in zimbabwe ,Christianity ,BR1-1725 ,The Bible ,BS1-2970 - Abstract
This paper set out to analyse the patterning of conflict in the Church of Christ in Zimbabwe (COCZ) with the introduction of the Constitution; which has been described as an unfair proposition, given that conflict is inevitable in a postmodern society. Conflicts in communities have largely been caused by resource scarcity, group affinities, and poor leadership. The study used data collected from participants who were purposively selected to answer electronic questions posted on a WhatsApp group platform for this study. They were randomly chosen from the national fellowship of the COCZ pastors. The study observed that conflict was caused by the shifting centres of power through the adoption of the Somabhula Conference Centre. These conflicts thus bolster a deeper appreciation of Christian identity and mission in contemporary ecclesiastical circles. The data analysed revealed that there are three frameworks: concept, content, and composition of constitutions. It also revealed that conflicts in Zimbabwean churches happened in the Anglican Diocese of Harare; the Apostolic Faith Mission of Zimbabwe; the Baptist Convention of Zimbabwe and the Marange Apostles’ succession battles. Positively, conflicts have been observed to remove complacency among the leadership and followership. It concluded that citing the 2015 Constitution, therefore, becomes an unfair proposition as conflicts occurred in the history of mission churches in Zimbabwe inclusive of the conflicts in the COCZ history. This study contributes in a small measure to discussions around international best practices for resolving church conflicts.
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- 2023
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12. Presidential Power and Cabinet Design in Sub-Saharan Africa
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Nico Steinert and Tim Steinert
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presidential power ,sub-saharan africa ,constitutions ,cabinet design ,Political science - Abstract
How do sub-Saharan presidents form and manage their cabinets? Previous research on intra-executive relations has focused predominantly on patterns of patronage. Although informal mechanisms remain relevant in the policy-making process, formal institutions have gained in importance in sub-Saharan Africa since the early 1990s. However, little is known about the link between presidents’ constitutional power and their decisions to appoint, remove and reshuffle ministers. This article addresses this gap by analysing the impact of presidential power on three ministerial-level variables: ethnic cabinet composition, cabinet size and ministerial stability. Based on a framework combining formal and informal institutions, we argue that presidents use formal cabinet roles and relationships to employ informal power-sharing strategies. To capture presidential power, we construct a new index of eight powers specifically related to the presidential-ministerial relationship. The theoretical model is tested with a new dataset of 41 sub-Saharan African countries from 1990 to 2016. OLS regressions show that presidents with greater constitutional power form ethnically exclusive cabinets, increase cabinet size and raise minister stability, albeit the latter effect is not statistically significant. These findings shed new light on the impact of different institutional designs on intra-executive processes in general and, in particular, on presidential actions vis-à-vis cabinet ministers in sub-Saharan Africa.
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- 2023
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13. Sovereignty, Race, and Freedom in Constitutions, Citations, and Corpuses
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Katrina Jagodinsky
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Database ,Unpublished Archival Records ,Tribal Constitutions ,Slavery ,Habeas Corpus ,History of Law ,KJ2-1040 - Abstract
Tribal Constitutions, Citing Slavery, and Petitioning for Freedom are digital legal history projects focused on expressions of sovereignty within tribal constitutions, the remnants of slavery in modern law, and the underexamined role of habeas petitioners in challenging coercion and confinement in the long-nineteenth-century United States. Each project deploys legal databases differently, but with the shared goal of contributing key insights to legal historical scholarship and offering interfaces that appeal to a broad, public audience.
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- 2023
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14. Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924
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Cory Young and Katrina Jagodinsky
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Database ,Unpublished Archival Records ,Tribal Constitutions ,Slavery ,Habeas Corpus ,History of Law ,KJ2-1040 - Abstract
Tribal Constitutions, Citing Slavery, andPetitioning for Freedom are digital legal history projects focused onexpressions of sovereignty within tribal constitutions, the remnants of slaveryin modern law, and the underexamined role of habeas petitioners in challengingcoercion and confinement in the long-nineteenth-century United States. Eachproject deploys legal databases differently, but with the shared goal ofcontributing key insights to legal historical scholarship and offeringinterfaces that appeal to a broad, public audience.
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- 2023
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15. Citing Slavery Project
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Audrea Dakho, Henry Morgan, Ilina Krishen, and Justin Simard
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Database ,Unpublished Archival Records ,Tribal Constitutions ,Slavery ,Habeas Corpus ,History of Law ,KJ2-1040 - Abstract
Tribal Constitutions, Citing Slavery, andPetitioning for Freedom are digital legal history projects focused onexpressions of sovereignty within tribal constitutions, the remnants of slaveryin modern law, and the underexamined role of habeas petitioners in challengingcoercion and confinement in the long-nineteenth-century United States. Eachproject deploys legal databases differently, but with the shared goal ofcontributing key insights to legal historical scholarship and offeringinterfaces that appeal to a broad, public audience.
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- 2023
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16. Tribal Constitutions Project
- Author
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Beth Redbird and Erin Delaney
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Database ,Unpublished Archival Records ,Tribal Constitutions ,Slavery ,Habeas Corpus ,History of Law ,KJ2-1040 - Abstract
Tribal Constitutions, Citing Slavery, and Petitioning for Freedom are digital legal history projects focused on expressions of sovereignty within tribal constitutions, the remnants of slavery in modern law, and the underexamined role of habeas petitioners in challenging coercion and confinement in the long-nineteenth-century United States. Each project deploys legal databases differently, but with the shared goal of contributing key insights to legal historical scholarship and offering interfaces that appeal to a broad, public audience.
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- 2023
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17. Schlüsselwörter in Grundgesetzen. Ein korpusbasierter Vergleich am Beispiel der Verfassung der Republik Polen und des Grundgesetzes für die Bundesrepublik Deutschland
- Author
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Lesław Cirko
- Subjects
constitutions ,similarities ,hierarchy of content ,limitations of the corpus-based method ,Language. Linguistic theory. Comparative grammar ,P101-410 - Abstract
In the article, a hierarchy of values set in keywords is presented using the example of the Constitution of the Republic of Poland and the Basic Law for the Federal Republic of Germany. The second objective is the practical verification of the research method using text word frequencies (tokens) and the so-called TTR (Type-Token-Ratio). Keywords are understood in their colloquial sense as conspicuous carriers of certain contents against the background of the text as a whole. Constitutions have a broad identity of function and form, contain a similar message, are similarly located in the legal order as a legal act of the highest rank, are characterised by a similar content structure and exhibit a high stylistic level in the field of legal language. It is thus investigated whether the aforementioned similarities also apply to the hierarchy of content implied in keywords. The investigation confirmed that differences in the form of government (Germany as a federal state, Poland as a unitary state) do not lead to clear differences at the level of keywords. However, the analysis revealed some limitations in the application of the corpus-based method.
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- 2022
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18. Reimagining the Secular Imaginary: A Theological Turn
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Neil Turnbull
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modernity ,gnosticism ,political constitutions ,theology ,the sacred ,Fine Arts ,Arts in general ,NX1-820 ,Social sciences (General) ,H1-99 - Abstract
In this paper, I interrogate some of the key assumptions of contemporary secularism in order demonstrate the presence of a concealed sacrality within the secular. My aim is to show that what philosophers and social theorists refer to as ‘secularity’ is simply a theological mutation within the Christian theological imaginary; one that we can, in its dis-incarnational rejection of the sacrality of nature in favour of grace, following Voeglin, position as ‘Gnostic’ (see Voegelin, 2012). In this vein, I will suggest that the sacred within the secular is fundamentally acosmic; residing beyond the realm of nature, which is now handed over to the dark fate of impersonal mechanism; as a series of causes within a larger order of causal necessity. In its radical separation of the sacred from the comsos, I will claim that the secular relocates the sacred within the infinitude of the subject; within a realm of radical freedom, where the self no longer has any spiritual communion with things but only with other selves to the extent that politics itself takes on a spiritual dimension (see Jonas, 2001). In making this claim, I will endeavour to show what, at first glance, appears to be the waning of sacrality of modern contexts, in reality is simply an effect of a hard-to-discern transformation: from a conception of sacrality primarily located in the outer realms of people and things, to one found in the relative immateriality of political discourse - from ‘the invisible in natural things’ to ‘the visible in political words’. My approach is deliberately and self-consciously ‘theoretical’. In the present era, when various forms of bland empiricism and the ideology of scientism blind us to any need for new ideas and alternative ways of imagining the social-historical, it is essential that work in the Humanities again begins to move along critical and speculative paths. For ‘facts without theories are blind’ – and it is only the vision of the theorist that is able to transform the crises of our age into something thought-worthy and, ultimately, to render our responses choice-worthy. In so doing, I willmake the theory-driven claim that in the passage to modernity the sacred was sublimated into a new form: abstracted and further esoterisised as it was uprooted from its cosmological groundings and rearticulated into the modern imaginaries of politics and law. My key claim will be that within modern contexts the ‘sacrality of the secular’ ultimately resides within a new type of political textuality – in the idea of a sacred constitution that manifests itself in the utopian recognition and obligation of a people with/to itself and to all other peoples. In other words, I will suggest that in modern contexts, the sacred becomes disembedded within the futurity of political symbolic orders and is therefore neither diminished nor diluted but simply relocated and rearticulated within founding political texts – texts that possess quite specific ontological, world-transforming, effects. In this way, I claim that within secular modernity the sacred emerges as a geo-political ideal of universal freedom that presents itself as necessary a priori political truth that applies universally to all peoples, all places, and for all time. It is in this sense that the modern sacred retains its link with the eschaton via its implicit connection to the ideal of an end of history, the time when the moral and political obligations of the founding political text will be fulfilled and realised for all peoples. By way of conclusion, I will suggest that recognition of this requires a new ‘theological turn’ in contemporary Philosophy and Social Theory.
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- 2022
19. Del Convento al Mundo
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María Paula Castillo
- Subjects
Order of the Friars Minors ,external life ,movement ,regulation ,general constitutions ,History (General) ,D1-2009 ,Medieval history ,D111-203 - Abstract
Medieval religious orders implemented a series of devices to control the behavior of their members. In the case of the Order of Friars Minor, the systematization of the general constitutions that regulated the life of the brothers came with the generalship of Fray Buenaventura. The behavior of the friars that was standardized affected the interior and exterior spatiality of the convents. The aim of this article is to analyze to what extent the behavior of the friars is regulated and conditioned in the directives given by the chapter; as well as to establish which are the main spheres of interference on the movement of the friars between the conventual space and the outside and what guidelines of conduct and punishment are established.
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- 2023
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20. Dynamic equilibrium of the surface oxide film during plasma oxynitrocarburising and its effect on performances
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Yangyang Lu, Jiqiang Wu, Kunxia Wei, Wei Wei, Lili Chen, and Jing Hu
- Subjects
Oxide films ,Dynamic equilibrium ,Microstructure ,Phase constitutions ,Hardness ,Mining engineering. Metallurgy ,TN1-997 - Abstract
In order to investigate the effect of oxide film on performances, evolution of surface oxide film during PNCO (Plasma Oxynitrocarburising) was studied. The microstructures, surface morphology, phase constitutions, cross-sectional hardness profile, and wear performances were evaluated by scanning electron microscope (SEM), X-ray diffraction (XRD), microhardness tester and wear tester. The research results showed that nanoparticles oxide film formed on the surface of samples by oxidation could be simultaneously decomposed by reduction, thus a dynamic equilibrium between the oxidation and reduction could be obtained under appropriate processing condition, resulting in a similar surface morphology of an oxide film and with the same thickness of 1–2 μm during PNCO process, while the compound layer thickness increases with treating time. Meanwhile, it is found that the maximum hardness of 760 HV0.05 is not obtained on the utmost surface, and almost the same friction coefficient of 0.45 and wear rate of 1.38 mg·(N·m)−1 was obtained under light load due to the oxide layer on the top surface; while better wear resistance can be obtained for longer time PNCO-treated samples under heavy load due to thicker compound layer. Therefore, the study provides a significant guide for plasma surface modification technology.
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- 2022
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21. Discrimination of TCM constitutions by biochemical and routine urine indexes
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Xiaoling Liu, Pengfei Zhao, Jianhua Zhen, Shen Zhang, Hesong Wang, Yuxiu Sun, Wei Wang, Tingjian Wang, Kaiwen Hu, and Guangrui Huang
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Traditional Chinese medicine ,Constitution classification ,Balance constitution ,Unbalanced constitutions ,Biochemical indexes ,Routine urine indexes ,Miscellaneous systems and treatments ,RZ409.7-999 - Abstract
Objective: To investigate whether the specific traditional Chinese medicine (TCM) constitution of individuals can be defined by certain biological indexes instead of answering the questionnaire, and to explore the possibility of discriminating nine TCM constitutions from each other simultaneously using biological indexes. Methods: Blood and urine samples from 152 individuals with nine TCM constitutions were collected, and the related biological indexes were analyzed combining ANOVA, multiple comparison, discriminant analysis, and support vector machine. Results: We found that 4 out of 24 blood routine indexes, 7 out of 10 urine routine indexes, and 12 out of 32 biochemical indexes showed differences among the constitutions. High-sensitivity C-reactive protein, apolipoprotein A1, and alkaline phosphatase were potential candidates for screening out individuals with unbalanced constitutions. Combining uric acid, high-density lipoprotein, apolipoprotein A1, creatine kinase, total protein, aspartate aminotransferase, total bile acid, dehydrogenase, sodium, and calcium levels had the potential to directly distinguish the nine TCM constitutions from each other. Among these indexes, the highest ratio of discriminant analysis between two constitutions was 95.5%, while the lowest was 66.1%. Conclusion: Our results suggest that some biochemical and urine indexes are related to various TCM constitutions, and thus they have the potential to be used for TCM constitution classification.
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- 2022
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22. What’s wrong with depoliticisation?
- Author
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Graziella Romeo
- Subjects
European economic governance ,national politics ,constitutions ,constitutional culture ,new constitutionalism ,Law of Europe ,KJ-KKZ - Abstract
The tension between the cosmopolitan vocation of the economy and the national character of politics has lately reached a considerable level of pressure, as control over some political economic determinants of growth has been gradually acquired by European Union (EU) institutions at the expense of national political communities. In his book Authoritarian Liberalism, Michael Wilkinson calls this development a depoliticisation of fundamental decisions concerning economic and socio-economic relationships, a process which has culminated in the Maastricht Treaty. In my comment, I intend to explore the argument concerning depoliticisation, by examining the relationship between economy and politics from a constitutional standpoint. While I agree with the author that depoliticisation has been systematically translated into a political mode of screening decisions concerning economy behind the narrative of necessary and unavoidable developments within the European project, I take a difference stance on the meaning and risks of depoliticisation. I shall argue that a certain form of depoliticisation is intrinsic to any process of constitutionalisation understood as a reflex of a political will. I then shall explain that European constitutional culture’s anti-political prejudice may have at times transfigured depoliticisation into a technique to tame and restrict disagreement.
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- 2022
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23. Constitutional Derogations of Human Rights in a State of Emergency – European Experiences in the Covid-19 Pandemic
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Biljana Karovska Andonovska
- Subjects
human rights ,derogations ,state of emergency ,constitutions ,covid-19 ,european experiences ,Military Science - Abstract
In a state of emergency when the safety of citizens usually is seriously endangered, in state constitutions special powers are provided for the state bodies. These special powers are imposed by the need to successfully deal with the threats. In those circumstances the governments impose extraordinary measures for citizens which usually derogate some fundamental human rights. Hence, from a human rights perspective declared state of emergency is a huge challenge because it could pave the way for human rights unjustified restrictions and violations. The explanation and justification from the state officials usually is that this is the way of protection wider public interest. However, because emergency powers could be abused, it is essential to create strict constitutional limits regarding the circumstances, duration and scope of such powers. In this paper we made a comparative overview of the conditions under which a state of emergency could be declared according to constitutions of various European countries. Special focus was placed on the provisions for restriction of human rights in extraordinary situations with review on experiences of European countries during the COVID-19 pandemic.
- Published
- 2022
24. The Rights of the National Minorities in Romania from an Educational Perspective in the Interwar Period
- Author
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Alexandru Gheorghe MOCERNAC
- Subjects
constitutions ,legislation ,stages ,changes ,political power ,International relations ,JZ2-6530 - Abstract
The educational rights of minorities have always reflected not only the degree of openness of a state, but also the regime in power in that country. Currently, the national minorities in Romania enjoy full rights, which make our state an example of good practices in this regard, but this has not always been the case. This is the reason why, in this article, I chose to focus on the interwar period, a period that offers us an overview of the stages that Romania has gone through in regard of educational rights for the national minorities.
- Published
- 2021
- Full Text
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25. Constitutions, minorities and superdiversity
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Eduardo Ruiz Vieytez
- Subjects
Superdiversity ,Minorities ,Discrimination ,Constitutions ,Cultural diversity ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Superdiversity is an interesting concept that needs to be incorporated into the field of legal sciences. A comparative analysis of the European Constitutions shows that constitutional references to culturally based minorities reflect the particular political context of each country, although there is a correspondence between the categories generally employed in comparative constitutional law and those in common use in international institutions. In addition to the cultural elements that characterise minorities (language, ethnicity, religion, nationality), other identity factors such as sex (gender), physical appearance (phenotype), opinions or convictions and social or economic status are generally included in anti-discrimination provisions. However, other elements that are relevant to the idea of superdiversity, such as place of residence within an urban environment and employment status, hardly appear in the European constitutional texts. If superdiversity is implemented without calibrating it to each context it may pose a threat to the fair and appropriate treatment of traditional minorities.
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- 2022
26. Schreiner family narratives: Written and oral sources in biographical research
- Author
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Graham A. Dominy
- Subjects
biography ,buthelezi ,constitutions ,liberalism ,oral history ,research techniques ,schreiner ,south africa ,universities ,The Bible ,BS1-2970 ,Practical Theology ,BV1-5099 - Abstract
This article reflects on the research required in biographical studies. The biographical focus is on the role of three generations of the Schreiner family: W.P. Schreiner (one-time Prime Minister of the Cape Colony), Justice O.D. Schreiner (judge of the Appellate Division of the Supreme Court) and Professor G.D.L. Schreiner (scientist, academic, liberal and early conceptualiser of alternative models to apartheid). All three were involved in developing, defending and sustaining liberal policies and values in South Africa from the late 19th century until the advent of democracy in 1994. The clarifications and contradictions within and between oral and written sources are examined, and individual cases are discussed in which they are highlighted. The research sources include family papers, official archives, publications and, crucially, oral testimony. The oral testimony includes formal and informal interviews. This study is a contribution to the history of a family, a university and a set of values. It covers a long period in South African history during which colonialism tightened into apartheid, resistance developed and the eventual vision of a democratic South Africa came to fruition. Contribution: The primary scientific contribution is the exploration of liberal policies and values in South African political and academic history through the prism of biography. Methodologically, the article discusses possible shortcomings with oral testimony when relied on as a sole source and examines how oral evidence can be utilised in conjunction with research based on archival and published sources to develop a fuller and more nuanced picture in biographical research.
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- 2022
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27. O INTRODUCERE. Ex Occidente Lux!
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CRISTIAN-ION POPA
- Subjects
states ,constitutions ,treaties ,laws ,institutions ,Political science ,Political science (General) ,JA1-92 - Abstract
This is an exploratory and provisional Introduction to the Fundamental Research Project Encyclopedia of the Contemporary State conducted by our Institute in 2021-2022. The main object of study of this Project are the essential attributes of the state – precisely, of the Romanian state and of the other contemporary states, current members of the European Union (chronological: from 1989 to the present) –, established in their Constitutions, in the founding Treaties of the EU and in the international Treaties to which they are a part. Of course, these time and space limits are not constraining. For the purposes of argumentation, some thematic Chapters of the Project will inevitably refer to the attributes of the former communist states in Central and Eastern Europe, of the candidate and associated states of the EU (e.g., Moldova), but also of other contemporary states such as USA, China, Russia etc. Along with its intrinsic academic and cognitive objectives, the Project also pursues institutional, pragmatic objectives, namely that, upon its completion, each of its co-authors can provide a good expertise in (at least) one of the major thematic areas they have dealt with preponderantly.
- Published
- 2021
28. International Consecration of CEDAW’s Hegemony Over National Laws
- Author
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عبد الحق جبار
- Subjects
cedaw ,family law ,constitutions ,ligislations ,Law ,Economic history and conditions ,HC10-1085 - Abstract
Contrary to what many researchers believe, that the effect that follows the signing of the cedaw is related to family law only, the signing of it extends its impact to all areas of social, economic, political and legislative life. This is because the CEDAW agreement brought in faculties intended to reformulate constitutions and legislation, and reprogram human priorities according to a vision that does not recognize the Islamic religion, and reduces its legacies over the years. Because of what the agreement is keen on, and does not accept to waive, that there is no religion, tradition, and other heritage, regardless of its sanctity, that stands without the full implementation of the principle of absolute equality. Those responsible were able to implement its provisions according to a strategic vision. This vision derived its strength from the accurate view, both horizontally and vertically, based on understanding the network of roles distribution between institutions from the highest to the lowest, starting from international institutions, passing through government to organizations, to associations distributed in smaller regions and neighborhoods. To complete the idea, I tried to list something related to the Algerian obligations towards CEDAW, and the amount of its impact on legislation and society.
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- 2021
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29. Research progress on clinical application of fire dragon moxibustion (火龙灸临床应用的研究进展)
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WANG Pu (王璞), WU Qiaomei (吴巧媚), LIU Yu (刘宇), XU Jianying (徐健莹), CHEN Lijia (陈莉佳), and GUAN Lijuan (关丽娟)
- Subjects
fire dragon moxibustion ,traditional chinese medicine nursing ,sleep ,constitutions ,火龙灸 ,中医护理 ,睡眠 ,体质 ,Nursing ,RT1-120 - Abstract
Fire dragon moxibustion, as one type of sandwiched moxibustion, has advantages of larger area of moxibustion, bigger moxa, stronger heating power and therapeutic effect compared with other types of moxibustion. The aim of this paper is to reviewed the studies about clinical application of fire dragon moxibustion, summarized the application mechanism and research status, find superiorities and principles of treatment on dominant diseases . (火龙灸为“隔物灸”中的一种灸法, 与其他灸法相比, 火龙灸具有施灸面广、艾柱大、火力足、温通力强等优点。本文通过对近年来火龙灸临床应用的论文进行分析、总结, 概述火龙灸疗法的临床应用机制与临床研究现状, 找寻火龙灸的优势病种, 并对火龙灸今后的研究进行展望。)
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- 2021
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30. About the imperial constitutions issued in Serdica. The imperial constitutions for the Orient and the Occident
- Author
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Malina Novkirishka-Stoyanova
- Subjects
roman empire ,imperial constitutions ,galerius ,constantine the great ,edict of serdica ,edict of milan ,Law ,Political institutions and public administration (General) ,JF20-2112 - Abstract
Imperial constitutions make the basic source of Roman law in the period of the Principate or the Dominate. They present the Roman manner of unifying multicultural law of the Empire, consisting of various legislative practices and organization of the judiciary, in which it was necessary to solve different problems resulting from managing the state. Following the division of the Empire into the eastern and the western parts, there arose the problem of securing legal power of constitutions implemented by one of the rulers to be binding on the whole territory of the Empire still treated as one whole body. The analysis of the imperial constitutions introduced in the Serdica of old provides certain answers in this respect. The city appears to have been one of the temporal capitals of the Empire in the East, while awaiting Constantine who would confirm its key position by uttering the words: “Serdica mea Roma est”. In the years 2011-2012, in the University of Sofia there was a scientific project run, whose goal was to present the palingenesis of the imperial legislation enacted in Serdica as well as the position of the city in the period of late Empire. Apart from this, it was attempted to prove that the imperial law remained ‘alive’ in the uneasy period between the end to the 3rd century and the beginning of the 4th century. The analysis of the kinds of constitutions and their content allows us to discover the first stages of deep transformations of the Emperor’s power, which occurred at that time, as well as to get to know about the realization of the reforms launched by Diocletian and implemented until the rule of Constantine. First of all, we can see the picture of Emperor Constantine the Great – legislator, administrator, judge, who would promote abiding by the Emperor’s cult in the time when Christianity was winning more and more stable position in the Empire. The Edict of Tolerance, which was issued by Galerius in Serdica on 30 April 311 CE, should be regarded as the one laying the foundations of legislature favourable to Christians and, at the same time, opening the door to passing the Edict of Milan in 313 CE.
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- 2020
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31. Rule of Law in Tough Times–A Case Study on the Romanian Sanctioning Policy During the COVID-19 Pandemic
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Laura Ștefan and Cezara Grama
- Subjects
covid-19 sanctions ,constitutions ,state of emergency ,access to information ,police ,gendarmerie. ,Political institutions and public administration (General) ,JF20-2112 - Abstract
The COVID-19 pandemic was a genuine stress test for societies around the globe. Societal values were put under public scrutiny, while fear reigned supreme allowing large margins of maneuver for governments in taking restrictive measures promising at least to win some time for health systems to adapt to the new challenges. Along with health systems governments, judicial systems and societies at large had to change the way they function to face the pandemic. In this paper we will present a case study on Romania and the usage of sanctioning mechanisms by the Police and Gendarmerie during the state of emergency, March 16–May 14, 2020. We will explore the challenges regarding the adoption of a sound legal basis for restrictive measures in line with the constitutional provision and the actual implementation of these restrictions with a focus on the performance of two enforcement institutions – the Romanian Police and the Gendarmerie – in this process. In times of crisis, or particularly in times of crisis when the government enjoys even more power than usual, the governmental action must be transparent to build trust and ensure that abuses do not happen. Moreover, the data gathered during the first wave of COVID-19 could help shape public policies for the subsequent waves with the view to improve efficiency while possibly decreasing the restrictions of human rights.
- Published
- 2020
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32. A critical legal perspective on the context and content of the right to access to adequate housing in South Africa
- Author
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Mashiene Katlego and Kola O. Odeku
- Subjects
low quality houses ,the poor ,corruption ,government officials ,interventions ,the constitutions ,south africa. ,Law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The oppressive Apartheid government policy and laws of the past deliberately entrenched inequality, forced segregation and denied the majority of black Africans unfettered right of access to various socio-economic rights, goods and services, particularly housing. However, after the apartheid government was defeated in 1994, the African National Congress (ANC) became the new ruling government in South Africa and in a bid to redress the past injustices, particularly the imbalances in social, socio- and economic amenities where the majority blacks were excluded, the new government enacted the Constitution of the Republic of South Africa, 1996. It provides that all citizens are equal before the law and have the same rights, privileges and benefits for the mere fact of being citizens of the Republic of South Africa. Despite this, it is disheartening that most citizens, particularly the poor, indigent and the vulnerable still do not have access to adequate housing guaranteed in the Constitution. This article highlights poor quality housing delivery by the government as the major barrier to the realisation and fulfilment of access to adequate housing. It accentuates that this barrier is intensified because of the endemic corruption by the executive arm of government that have been bestowed with the responsibility to provide adequate housing for all. As part of the solution, the article examines comparative law and international law on the right to access to adequate housing using salient jurisprudence from the courts’ decisions to clarify and ascertain the content of adequate housing.
- Published
- 2020
33. Sui rapporti tra Carte e Corti: nuovi sviluppi nella ricerca di un sistema rapido ed efficace di tutela dei diritti fondamentali
- Author
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Andrea Mastroianni
- Subjects
charter of fundamental rights of the eu ,national constitutions ,italian constitutional court ,supremacy clause ,national courts ,principle of proximity ,Law ,Law of Europe ,KJ-KKZ - Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 493-522 | European Forum Insight of 19 June 2020 | (Table of Contents) I. Introduzione: il quadro è chiaro... ma non troppo. - II. Le più recenti pronunce della Corte costituzionale: la sentenza n. 11 del 2020. - III. Segue: la sentenza n. 44 del 2020. - IV. Prove di "doppio rinvio contemporaneo": le ordinanze della Corte di Appello di Napoli in materia di licenziamenti collettivi. - V. Il necessario recupero del ruolo centrale del giudice comune. - VI. Il rapporto tra parametri interni e parametri europei nel giudizio della Corte costituzionale. | (Abstract) This Insight deals with the recent case-law of the Italian courts regarding the relationship between domestic and Community rules on fundamental rights, taking into account in particular the substantial and procedural problems that arise when a law is suspected to violate both the Charter of the Fundamental Rights of the EU and the Italian Constitution. After an analysis of the most recent rulings of the Italian Constitutional Court on this subject, it focuses critically on the initiative, taken by a court of appeal, to adopt simultaneously two different orders of referral to the Court of Justice and the Constitutional Court on the same matter, thus creating a difficult situation to manage by both Courts. Finally, this article suggests that the best solution to prevent conflicts among the various actors can only start form a revaluation of the role of the national judge as "juge de droit commun du droit de l'Union européenne".
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- 2020
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34. Emerging Quantitative Biochemical, Structural, and Biophysical Methods for Studying Ribosome and Protein–RNA Complex Assembly
- Author
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Kavan Gor and Olivier Duss
- Subjects
RNP assembly ,ribosome assembly ,protein–RNA interactions ,RNA folding ,assembly intermediates ,in vitro reconstitutions ,Microbiology ,QR1-502 - Abstract
Ribosome assembly is one of the most fundamental processes of gene expression and has served as a playground for investigating the molecular mechanisms of how protein–RNA complexes (RNPs) assemble. A bacterial ribosome is composed of around 50 ribosomal proteins, several of which are co-transcriptionally assembled on a ~4500-nucleotide-long pre-rRNA transcript that is further processed and modified during transcription, the entire process taking around 2 min in vivo and being assisted by dozens of assembly factors. How this complex molecular process works so efficiently to produce an active ribosome has been investigated over decades, resulting in the development of a plethora of novel approaches that can also be used to study the assembly of other RNPs in prokaryotes and eukaryotes. Here, we review biochemical, structural, and biophysical methods that have been developed and integrated to provide a detailed and quantitative understanding of the complex and intricate molecular process of bacterial ribosome assembly. We also discuss emerging, cutting-edge approaches that could be used in the future to study how transcription, rRNA processing, cellular factors, and the native cellular environment shape ribosome assembly and RNP assembly at large.
- Published
- 2023
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35. Rights and Deliberative Systems
- Author
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Ron Levy
- Subjects
Deliberative systems ,constitutions ,human rights ,constitutional theory ,representation ,Political theory ,JC11-607 - Abstract
This article maps a significant area of contribution to (and control of) deliberative democratic systems: human rights enacted in law. Thus it takes up John Dryzek’s call for ‘close study of actual deliberative systems in the terms that theorists specify’. The article shows how the theory and practice of legal rights often provide a good fit with, and sometimes help to elaborate and advance, aspects of systemic deliberative democratic theory. One rationale for presenting a more detailed legal map of deliberative systems is descriptive: to look more comprehensively at the set of participants and activities within such systems. Yet the project may also be framed as normative. To try to ensure that legal rights do not displace, but rather align with, systemic deliberative democracy, courts and other legal actors may engage in what the article terms (pace John Hart Ely) ‘deliberative system reinforcement’.
- Published
- 2022
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36. Do Religion Clauses in Constitutions Predict Government-Based Discrimination against Religious Minorities?
- Author
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Jonathan Fox
- Subjects
religious freedom ,religious minorities ,constitutions ,separation of religion and state ,state religion ,Religions. Mythology. Rationalism ,BL1-2790 - Abstract
This study examines whether religion clauses in countries’ constitutions predict levels of government-based discrimination (GRD) against religious minorities. Using the Religion and State (RAS) and Religion and State-Constitutions (RAS-Constitutions) datasets, I find that clauses declaring official religion, separation of religion and state (SRAS), and religious freedom have no significant influence on GRD. In fact, 152 of 154 types of religion clauses found in constitutions measured by the RAS-Constitutions dataset do not significantly predict GRD. However, constitutional clauses banning religious hate speech and protecting the right to not be religious are associated with higher levels of GRD. I theorize that these causes likely represent an anti-religious form of secularism, which can be hostile to religious minorities.
- Published
- 2023
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37. The Procedure for Amending the Satversme of the Republic of Latvia and the Substance of Restrictions Established by It
- Author
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Ringolds Balodis
- Subjects
Satversme [Constitution] ,restrictions to amending constitutions ,amendments to Satversme ,procedure for amending Satversme ,basic articles of Satversme ,core of Satversme ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The article is dedicated to the mechanism for protecting the Satversme [Constitution] of the Republic of Latvia (hereafter – the Satversme) – procedure for amending it and elements thereof – restrictions (quotas of participation, approval, readings, etc.), examining the amendments to the general and basic articles, as well as the theory of core. The parliament and the people may amend the Satversme in a referendum, therefore the article also turns briefly to the institution of the people’s vote or plebiscite or referendum (Latin – referendum). The article aims to elucidate the effectiveness of the procedure for amending the Satversme and provide answers to the following questions: (1) Whether the procedure for amending the Satversme ensures protection of the national constitutional order on sufficient level and does not permit introduction into the Satversme of ill-considered or antidemocratic proposals; (2) Whether the legislator, aiming to ensure constitutional stability, has not set the exaggeratedly high quorum of voters’ participation in the referendum for all articles of the Satversme and whether the mechanism of referendum in Latvia has not become incapable of functioning? In the framework of the article, the author also will try to reach concrete proposals that would improve the procedure for amending the Satversme, would increase citizens’ involvement in the matters of public administration, which, in turn, would reinforce the people’s trust in their State. In considering the proposals, the author will focus also on the issue of national security because amendments to the Satversme and referendums, clearly, may be used as factors for destabilising the State.
- Published
- 2021
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38. KUZEY AFRİKA’DA BİR BAĞIMSIZLIK MÜCADELESİ ANALİZİ: POLİSARİO CEPHESİ VE SAHRA ARAP DEMOKRATİK CUMHURİYETİ (SADC)
- Author
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Cantürk CANER and Betül ŞENGÜL
- Subjects
batı sahra ,bağımsızlık mücadelesi ,polisario cephesi ,sahra arap demokratik cumhuriyeti ,anayasa ,western sahara ,independence ,polisario front ,sahrawi arab democratic republic ,constitutions ,Social sciences (General) ,H1-99 - Abstract
ÖZ: Bugün Afrika Kıtasının son sömürge coğrafyası olarak bilinen Batı Sahra sorunu yüzyılı aşkın bir süredir dünya kamuoyundaki yerini sessizce korumaktadır. Yaklaşık iki yüzyıl boyunca İspanyollar, ardından da Fas hükümeti tarafından ilhak edilmek istenen bölge, halen dünyanın çözülememiş jeopolitik sorunlarından birisidir. Batı Sahra’nın bağımsızlığı Polisario Cephesi liderliğinde yetmişli yıllardan bu yana örgütlü olarak yürütülmektedir. BM tarafından kendisini idare edemeyen topraklar olarak tanımlanmasına karşın; de facto biçimde onlarca devlet tarafından tanınan ve Afrika Birliği’nin tam üyesi olan Sahra Arap Demokratik Cumhuriyeti (SADC), Polisario Cephesinin başarısını gösteren en somut aşamadır. Polisario Cephesi’nin yürüttüğü bağımsızlık mücadelesi esasen 20. yüzyılda örneğine az rastlanan bir mücadele biçimidir. Ülkemiz gündeminde tam olarak bilinmemekle birlikte Batı Sahra’da yaşanan gelişmeler, uluslararası ilişkiler yazını bakımından göz ardı edilmemesi gereken bir konudur. İşte bu çalışma Batı Sahra’da yaşanan bağımsızlık sorununu tarihsel açıdan ele almakta ve Polisario Cephesi’nin ulus devlet kurma yolundaki çabalarını siyasal, yapısal ve hukuksal çerçevelerde, tarihi boyutlarıyla ortaya koymayı amaçlamaktadır. ABSTRACT: The problems of the Western Sahara known as the latest colony of Africant continent still keeps its significance in world public opinion silently. The region which was annexed by the Spanish and Morocco during the approximately two centuries is still one of the unsolved geopolitical questions of the world. The independence of the Western Sahara has been initiated under the leadership of the Front Polisario as an organized manner since the 70s. Despite the fact that Sahrawi Arab Democratic Republic defined as non-self-governing territory by the United Nations (UN), it was recognized by many states and became the full member of the African Union as a concrete success of the Front Polisario. As a matter of fact, the struggle of the Front Polisario for the sake of the independence is a kind of unique way in 20th century. The developments in Western Sahara cannot be ignorable matter for the literature of the international relations. In this context, this study elaborates the matter of independence in the Western Sahara historically and aims to explain the nation-building strategies of the Front Polisario with its historical, political, structural and legal dimensions.
- Published
- 2019
- Full Text
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39. O crepúsculo do republicanismo militar conservador: José Vicente de Freitas Perante a Constituição de 1933
- Author
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José Miguel Sardica
- Subjects
republicanism ,constitutions ,José Vicente de Freitas ,Oliveira Salazar ,military dictatorship ,Army ,History (General) ,D1-2009 - Abstract
During the Portuguese Military Dictatorship (1926-1933), there existed always a rivalry between the republican and liberal-conservative higher ranks of the armed forces and the new civilian, authoritarian, catholic and technocratic forces, of which Salazar was the ruling face as from 1928. The confrontation between these two positions was very visible in the constitutional question, and climaxed, at the beginning of 1933, in the presentation by General José Vicente de Freitas (head of government in 1928-1929) of a constitutional counter-project, critical of Salazar’s own constitutional project. The goal of this article is to recall the political action of Vicente de Freitas in the Military Dictatorship and to explore his public positions, namely his constitutional manifesto, demonstrating how his defeat at the hands of Salazar’s anti-liberalism, and the ensuing institutionalization of the “Estado Novo”, meant the waning of the military conservative Republicanism. This article is part of the special theme section on Failed Constitutional Projects in Portugal and Brazil, 20th Century, guest-edited by Paula Borges Santos and Ivo Veiga.
- Published
- 2019
- Full Text
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40. Parliamentary immunity in today’s world – a comparative-law approach
- Author
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Andrzej Jackiewicz
- Subjects
parliamentary immunity ,comparative law ,constitutions ,Political science ,Social Sciences - Abstract
The purpose of the article is to determine the current form of parliamentary immunity in various countries. The author uses the comparative-law method to analyse constitutions that represent the most common solutions, taking into account the geographic criterion, used in countries located on different continents and having different legal cultures. The author analyses the subjective scope of non-accountability and non-violability and focuses on the time and place in which the protection is provided, and trace the objective scope of the protection and the solutions related to the possibility to lift the parliamentary immunities. The analysis leads to the conclusion that non-accountability is similar in different countries, has undergone few modifications over the years, and it is permanently formed. In the case of non-violability, there are more extensive differences, in particular in the objective scope and the degree of protection. However, various solutions prove that there is not a single universally accepted model of immunity and that the scope of the guaranteed protection can be more diverse, it can be subject to change, and be adapted to the changes in political systems and the political and social expectations.
- Published
- 2019
- Full Text
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41. The Essence of Rights: An Unreliable Boundary?
- Author
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Takis Tridimas and Giulia Gentile
- Subjects
Essence of rights ,fundamental rights ,EU Charter of Fundamental Rights ,European Court of Justice ,national constitutions ,Law of Europe ,KJ-KKZ ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Article 52(1) of the EU Charter of Fundamental Rights lays down respect for the essence of right as one of the requirements that limitations on rights must respect. This provision is not innovative, as it formalizes into EU law the distinction between “core” and “periphery” of rights present in many national constitutions and in the ECJ and ECtHR case law. Nonetheless, the express reference to essence has given unprecedented resonance to that concept. Essence as the “limit of limits” has a Janus-like character. On the one hand, it pronounces that every fundamental right bears a minimum content which is ringfenced from interference by public and private actors. On the other hand, it stresses the malleability of rights and their social function. The core/periphery dichotomy reflects a balancing act moored in European legal tradition whose symbolism outperforms its utility as a judicial tool. This Article examines the essence clause of the Charter in light of the ECJ case law and the constitutional traditions of the Member States and assesses its role in the framework of fundamental rights protection in EU law. The Article first attempts a classification of rights limitations clauses in national constitutions, following which it discusses the interpretation of essence by the Spanish and the Italian Constitutional Courts. The Article then engages with a theoretical discussion of the concept of essence and examines the case law of the ECJ. Lastly, it looks at the limitations of the concept as a rights protection instrument in EU law.
- Published
- 2019
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42. Reisner vs. Stalin: The RSFSR Constitution of 1918
- Author
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S. Shakhray and K. Krakovskiy
- Subjects
legal history ,soviet constitutions ,constitutionalism ,russia ,federation ,reisner ,stalin ,Law - Abstract
In 2018, the centenary of the Constitution of the Russian Socialist Federative Soviet Republic (RSFSR) was celebrated. Scholarly debate over this legal and political document – Russia’s first constitution – has continued across time up to the present day. The process of drafting the Constitution of 1918 has received very contradictory coverage in the historical and legal literature. Writers’ assessments of the works on this topic have often been influenced by political circumstances. In particular, for a long time the role of the famous Soviet legal scholar and lawyer Mikhail Reisner in the preparation of the draft of the first Soviet Constitution was hushed up. This article examines Reisner’s contribution to the creation of the draft of the first Soviet Constitution and his confrontation with Joseph Stalin over the issue of federation in the Constitutional Commission. These two men proposed diametrically opposed approaches to the principles and foundation of the Soviet Federation. If Stalin believed that the Soviet Federation should be built on the national-state principle, Reisner considered this principle bourgeois and offered to abandon the national principle and build a Federation of Russia as a multi-stage Federation of Soviets. The article then analyzes the content of the draft of the Constitution prepared by Professors Reisner and Goikhbarg (the “professorial project”) and identifies its provisions, borrowed by the authors of the final text of the Constitution of the RSFSR of 1918. Additionally, the article describes a number of the provisions of the draft prepared by Reisner and Goikhbarg and distinguishes it from the final text of the Constitution of the RSFSR of 1918.
- Published
- 2019
- Full Text
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43. Constitutions—Their Role Through the Ages: Notes on the 59th Meeting of German-Speaking Public Law Assistants in Frankfurt am Main
- Author
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Jan Keesen and Jacob Ulrich
- Subjects
German constitutional law ,constitutions ,constitutional interpretation ,interdisciplinary approaches ,Law of Europe ,KJ-KKZ ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Once a year, the German-speaking public law assistants meet to discuss recent developments in their working areas. This year, the anniversary of several enactments of constitutions, such as the Grundgesetz, suggested to discuss issues with regard to the role of constitutions for the democratic state, constitutional change, and the relevance of constitutions for societal cohabitation. During the lively discussions, one could observe a trend towards interdisciplinary research in the work of young public law scholars.
- Published
- 2019
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44. SEJM CONSTITUTIONS OF 1611–1632 ABOUT STATE OF ZEMSKY AND GRODSKY BOOKS IN THE UKRAINIAN VOIVODESHIPS
- Author
-
Yana Grazhevska
- Subjects
zemsky court books ,grodsky court books ,sejm constitutions ,proceedings ,chancellery ,History (General) and history of Europe - Abstract
The article highlights how the chancellery of zemsky and grodsky court function on the throws of Ukrainian voivodeships in the Sejm Constitutions of Polish-Lithuanian Commonwealth. The author investigates the history of forming zemsky and grodsky courts as institntions on Ukrainian land, the process of formation of chancellery bodies and also underlines the regional peculiarities of vodeships. The article analyses the texts of the Sejm Constitutions of 1611–1632 as to the points devoted to functioning of the courts and their typical and unique features. The specificity of the studio lies in the investigation of zemsky and grodsky court bodies as a subject of work of Sejms of Polish-Lithuanian Commonwealth. The present survey can be used for the following reconnaissance on the history of judicial system on the principals of functioning of zemsky and grodsky chancelleries and the peculiarities of their work.
- Published
- 2019
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45. SELECTIVE ASPECTS ON THE EVOLUTION OF THE REGULATIONS REGARDING THE JUDICIARY IN THE ROMANIAN CONSTITUTIONS AND IN THE ROMANIAN LAW 100 YEARS AFTER THE GREAT UNION
- Author
-
Nicolae PAVEL
- Subjects
the judiciary ,the romanian constitutions ,the doctrinal references ,the constitutional court decisions ,Social sciences (General) ,H1-99 - Abstract
This study has the following title: Selective aspects on the evolution of the regulations regarding the judiciary in the Romanian constitutions and in the Romanian law 100 years after the great union Using a Key- Scheme, the following parts of the study are analyzed successively, called: 1. Preamble. 2. The identification of the constitutional regulations on the judiciary in the Romanian constitutional system - selective aspects. 3. Romanian doctrinal references on the judiciary. 4. Judicial references on the judiciary in the decisions of the Constitutional Court of Romania. 5. Conclusions.
- Published
- 2019
46. Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared
- Author
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Manon Julicher, Marina Henriques, Aina Amat Blai, and Pasquale Policastro
- Subjects
personal scope ,eu charter ,european convention on human rights ,national constitutions ,fundamental rights ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The personal scope of the Charter of Fundamental Rights of the European Union (the Charter) is an area that still needs to be defined by the Court of Justice of the European Union (CJEU). The issue surrounding the personal scope entails the question of who can claim the protection of fundamental rights. A particularly controversial matter has proved to be the question whether, and if so under what circumstances, private legal entities and public authorities can invoke fundamental rights. This article aims to provide a detailed examination of the ‘landscape’ the CJEU must take into account when dealing with the personal scope of the Charter in the future. Firstly, this landscape is made up of the background and objectives of the EU and the European Convention on Human Rights (ECHR) legal systems. Secondly, it is shaped by the personal scope application of the Charter as interpreted by the CJEU so far, and the personal scope application of the ECHR as interpreted by the European Court of Human Rights (ECtHR). Finally, the application by Member State courts of fundamental rights, via the Charter, ECHR and constitutional rights, forms an element in this landscape. An examination of these aspects will provide answers to the question of how the three main players on the European fundamental rights stage – the CJEU, the ECtHR and the national courts – have applied the personal scope of their fundamental rights up to now. This also encompasses answers to the question of how these applications relate to the different background and objectives of the ECHR and the EU legal systems. These answers will provide the CJEU with tools to deliver well-informed rulings on the personal scope of Charter provisions in the future.
- Published
- 2019
- Full Text
- View/download PDF
47. CONSTITUTIONAL FOUNDATIONS FOR THE COORDINATION OF RECEIPTED AND NATIONAL LITHUANIAN LAW IN 1918–1920
- Author
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Jevgenij Machovenko and Dovile Valanciene
- Subjects
Legal history ,Lithuanian Provisional Constitutions ,law reception ,particularism of law ,Western legal tradition ,legal pluralism ,Law - Abstract
The research object of this study is the provisions of the Provisional Constitutions of 1918, 1919 and 1920 concerning the establishment of the Lithuanian legal system. The aim of the study was to determine what was the basis for the reception of foreign law and the particularism of the law, what law was recepted and what was the relationship between it and the newly created national law. The main methods used are systematic, teleological, historical, linguistic, and comparative. This article presents an original vision of recepted law and a critical assessment of the interwar Lithuanian governmental decision to completely eliminate recepted law. In the authors' opinion, law reception and particularism enshrined in the Provisional Constitutions met the expectations of the citizens, and the government’s ambition to completely eliminate recepted law in all areas of people’s activities in the intensive development of the national law was in line with the strategic interests of the state and society. Particularism was a natural expression of pluralism inherent in the Western legal tradition and had a great potential for the development of Lithuanian law, which was not exploited due to the negative appreciation of particularism and the attempt to eliminate it completely. Acts issued by the Russian authorities in 1914-1915 and by the German authorities in 1915-1918 restricted the rights of Lithuanian residents, severely restricted monetary and property relations, made it difficult to rebuild the country’s economy, providing for repressive or restrictive measures against the citizens of hostile states. The restored state of Lithuania endeavoured to establish peaceful relations with all states, including those with whom Russia and Germany were at war. Cancelling the law imposed by the Russian and German authorities during the war was a reasonable and useful decision of the Lithuanian State authorities. The interpretation of the constitutional provision «[laws] which existed before the war» as «which existed before August 1, 1914», common in the historical legal literature of Lithuania, is incorrect. The question what laws were recepted has to be addressed not by the date of the adoption o a certain act, but by its content – insofar it is linked or unrelated to the First World War. All acts by which the Russian Empire intervened or were preparing to intervene in this war shall be considered to be excluded from the legal system of the restored State of Lithuania in the sense of the constitutional norm «[laws] which existed before the war» and the general spirit of this Constitution. The system of constitutional control entrenched in the Provisional Constitutions, where a court or an executive authority verified the compliance of a recepted law with the Constitution before applying it is subject to criticism from the standpoint of contemporary legal science, but under the conditions of Lithuania of 1918-1920, it was flexible, fast, allowing citizens to raise the issue of the constitutionality of the law and present their arguments.
- Published
- 2021
- Full Text
- View/download PDF
48. Parliaments versus Raising Extremist Member of Parliament
- Author
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Manferd Dauster
- Subjects
Manifestations of modern right-wing extremism ,the historical right of parliament to get to expel its unruly members (Paulskirchen Constitution 1849) ,impeachments against Members of Parliament in constitutions of the 20th century do not go far enough and conflict with similar elements of criminal law ,return to the Paulskirchen solution by amending current constitutions ,Law ,Law of Europe ,KJ-KKZ - Abstract
(Right-wing) extremism is on the rise across the continent. Propaganda and other activities affect European societies and parliaments. Extremists do not stop their activities in front of parliaments’ buildings. As far as extremist performance within parliaments is concerned, parliaments may react to them using measures of order, as provided for by their Rule Books but cannot apply them to harmful activities outside the parliament in the ordinary (political) arena. Parliamentarian means of defence appear inadequate and at the end not efficient to defend our representative democracies. By comparing the present German constitutions in perspective of the German constitutional history, the article seeks to find „sharper armoury“ for parliamentary defence. In conclusion, some consideration is given to constitutional amendment providing parliaments with the authority to expel the unruly Members of Parliament.
- Published
- 2021
- Full Text
- View/download PDF
49. Effects of Element (Al, Mo, Sn and Fe) Doping on Phase Structure and Mechanical Properties of the Ti-Nb-Based Alloys
- Author
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Suyi Gu, Zhengcun Zhou, and Na Min
- Subjects
Ti-Nb alloys ,phase constitutions ,mechanical properties ,Young’s modulus ,superelastic strain ,Mining engineering. Metallurgy ,TN1-997 - Abstract
In the paper, Ti-18Nb-5X (X = Mo and Sn) and Ti-33Nb-2X (X = Al, Sn, Fe and Mo) alloys were investigated to evaluate the effects of Al, Mo, Sn and Fe doping and different heat treatments on the properties and microstructures of the Ti-Nb-based alloys. The results show that Al decreased the volume of βM in the water-quenched Ti-33Nb-2Al alloy and promoted the formation of β phase in the furnace-cooled Ti-33Nb-2Al alloy. Fe-doping was proven to stabilize the β phase. Sn-doping plays a complicated role to promote the formation of α′′ phase in the water-quenched Ti-33Nb-2Sn alloys but increases the β phase in the furnace-cooled Ti-33Nb-2Sn alloys and Ti-18Nb-5Mo-5Sn. The alloys containing α′′ and βM phases show larger superelastic strains and lower Young’s moduli. In the water-quenched Ti-based alloys, the Young’s modulus decreases, and the superelastic strain is enhanced with the increasing volume of α′′.
- Published
- 2022
- Full Text
- View/download PDF
50. Are constitutional characteristics a proxy for institutional quality? Evidence from 109 countries
- Author
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Ayse Y. Evrensel
- Subjects
constitutions ,institutions ,colonialism ,culture ,income ,Finance ,HG1-9999 ,Economic theory. Demography ,HB1-3840 - Abstract
The paper investigates the question whether constitutions are a proxy for institutional quality. It provides a discussion of institutions and states that constitutions are an example of a formal institution. As any other formal institution, constitutions are also influenced by countries’ informal institutions, including customs and belief systems. The novel content analysis goes beyond the often-used constitutional characteristics of government systems and electoral rules. In addition to the mentioned characteristics, the length, the number of revisions, and over 30 additional characteristics are coded for 109 constitutions, such as state religion and religious freedom as well as referring to state as mother, father or holy. Based on the content analysis, alternative constitutional scores are calculated. Statistically significant correlations are observed between measures of institutional quality such as corruption control and some of the constitutional scores. Based on the two widely-used economic development models, the OLS and two-stage least squares estimations are conducted with and without the institutional quality-related variables, where in the latter case the institutional quality-related variables are replaced by constitutional scores. Especially in two-stage least squares estimations, constitutional scores that emphasize the length, mention state religion, and refer to state as mother, father or holy statistically significantly and negatively affect income per capita. These findings point out to possible limitations to change that is aimed by constitutional revisions.
- Published
- 2021
- Full Text
- View/download PDF
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