143 results on '"*CONSTITUTIONS"'
Search Results
2. Civil-military relations and an inspector-general of defence for Aotearoa New Zealand
- Author
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Mehigan, James
- Published
- 2025
3. Of hobbits, collective bargaining, and false economic emergencies: Accelerated legislation and political constitutionalism
- Author
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Mueller, Sascha
- Published
- 2025
4. The Wilson government, the rise of nationalism and the road to the royal commission on the constitution, 1966-1968.
- Author
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Evans, Adam
- Subjects
- *
CONSTITUTIONAL history , *SPECIAL elections , *CONSTITUTIONS , *ELECTIONS , *DELIBERATION ,BRITISH history - Abstract
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]
- Published
- 2025
- Full Text
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5. Toward an Enactivist Account of What Constitutes Collective Action.
- Author
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Peck, Zachary
- Subjects
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MACHINE learning , *COLLECTIVE action , *CONSTITUTIONS , *THEORISTS - Abstract
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]
- Published
- 2025
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6. Defining “impact” in public guidance policies: local experts’ views on the elements of impact.
- Author
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Varjo, Janne Tapani, Kalalahti, Mira, and Vilkman, Minna
- Subjects
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YOUTH employment , *GOVERNMENT policy , *CONSTITUTIONS - Abstract
Current public policies are becoming increasingly based on and measured by impacts, even though the impact itself and the processes leading to it have not been sufficiently theorised or modelled. In this article, we discuss the multi-dimensionality of impact-driven public policies. Our study focuses on the constitution of the impacts of public guidance policies in Finland, where guidance is publicly funded and multi-sectoral service. We scrutinize the elements of the impacts by analysing local experts’ views (n = 16) on the aims of guidance services, the means chosen to achieve these aims and how they are evaluated. The article proposes that the aims, means and evaluative practices of guidance policies in education, employment and youth sectors are differentiated. This does not fit with the current understanding of guidance as a single but multisectoral system. Simultaneously, our analysis portrays the ways in which public guidance policies, and the practices involved, have been given aims that are multilevel, involving expected individual, systemic and societal impacts. These multisectoral and multilevel factors obscure the formation of a conceivable impacts of public guidance policies in Finland. [ABSTRACT FROM AUTHOR]
- Published
- 2025
- Full Text
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7. Embodying “good” and “bad”: the emergent bodily meaning of approach- and avoidance-behavior.
- Author
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Solzbacher, Johannes, Koenig, Peter, and Walter, Sven
- Subjects
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COGNITIVE bias , *CARICATURE , *EMOTIONS , *CONSTITUTIONS , *HUMAN beings - Abstract
Humans tend to approach positive stimuli faster than they avoid them and faster than negative or neutral stimuli. The mechanisms underlying this “Approach Avoidance Bias” (AAB) remain contested. First, it is not clear whether the AAB can be explained in terms of a classical “cognitivist” account based on associative connections involving internal representations or whether an “embodied” account that draws on the fact that we behave the way we do because we have a specific body with which we operate in a particular environment might not be equally viable. Moreover, while theoretical considerations and empirical evidence suggest that an embodied account might be preferable, it is still unclear how the meaning of approach and avoidance emerges from our bodily constitution in such a way that, ultimately, we end up tending to approach the good and avoid the bad. This paper addresses both points. It argues that the AAB is indeed embodied, but it also admits that a proper understanding of the way the AAB is embodied arguably has to incorporate central cognitivist insights. In doing so, it defends an ecumenical middle ground between positions that have historically too often been caricatured as irreconcilable rivals and, more generally, contributes to a better understanding of what embodiment does and does not mean. [ABSTRACT FROM AUTHOR]
- Published
- 2025
- Full Text
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8. Convention and constitutionalism in David Hume’s <italic>History of England</italic>.
- Author
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Gibson, Dennis
- Subjects
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PUBLIC officers , *CONSTITUTIONALISM , *CONSTITUTIONAL law , *LIBERTY , *CONSTITUTIONS - Abstract
David Hume’s constitutional theory is often reduced to his insights regarding the principles that should inform the design of constitutions. This interpretation has extended to his
History of England (the ‘History’), in which Hume is typically thought to show how liberty in England emerged as a consequence of establishing the proper constitutional arrangements between the institutions of Parliament and the Crown. I argue that theHistory is better understood through Hume’s theory of convention. Approaching theHistory in this way resolves the divergent scholarly interpretations of its constitutional narrative, and reveals that Hume’s conception of constitutionalism depends less on the institutional settings established by a constitutional document, than on the prevailing attitude towards law and political authority among government officials and the population more generally. Specifically, liberty is founded on the understanding that laws apply universally and inflexibly, and that all exercises of political authority must occur according to law. [ABSTRACT FROM AUTHOR]- Published
- 2025
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9. The Contradictions of James Madison and, Therefore, of American Constitutionalism.
- Author
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Levinson, Sanford
- Subjects
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LEGISLATIVE amendments , *CONSTITUTIONS , *AWARENESS - Abstract
The article expresses appreciation for Professor Jill Lepore's paper "The Philosophy of Amendment" while highlighting the urgency of addressing the shortcomings of the Constitution. Topics include the metaphorical decay of the Constitution and the need for reform, the comparison of Lepore to historical figures like Paul Revere in her calls for constitutional awareness; and the cautionary inquiry into whether the Constitution risks transforming into a destructive "suicide pact" over time.
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- 2025
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10. Dispatches From Amendment Valley.
- Author
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LaCroix, Alison L.
- Subjects
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CONSTITUTIONS , *LEGISLATIVE amendments , *DEBATE , *PHILOSOPHY - Abstract
The article discusses Professor Jill Lepore's examination of the Constitution's resistance to amendment and the broader implications of constitutional debate beyond the formal Article V process. Topics include the historical context of constitutional amendments, the concept of "the philosophy of amendment"; and the significant constitutional transformations occurring in the interbellum period between the Twelfth and Thirteenth Amendments.
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- 2025
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11. Symposium : Introductory Remarks: The Promise and Limits of State Constitutions.
- Author
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Hershkoff, Helen
- Subjects
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STATE constitutions , *STATE courts - Published
- 2025
12. Why Study State Constitutional Law?
- Author
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Gadson, Marcus
- Subjects
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STATE constitutions , *SOVEREIGNTY , *LIBERTY - Abstract
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]
- Published
- 2025
13. Foreword: The Promise and Limits of State Constitutions.
- Author
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Milov-Cordoba, Michael and Bannon, Alicia L.
- Subjects
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STATE constitutions , *FEDERAL courts , *CIVIL rights - Published
- 2025
14. On the intellectual horizons of social realism: a response to Barton.
- Author
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Hordern, Jim
- Subjects
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SOCIAL realism , *SOCIETAL reaction , *JOURNALISTS , *ARGUMENT , *CONSTITUTIONS - Abstract
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]
- Published
- 2025
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15. ÖR-Examensklausur Verfassungsrecht: Transparenz im Lebensmittelrecht und »no means no« bei der Wahl einer Ministerpräsidentin.
- Author
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Marsch D. I. A. P., Nikolaus and Rauber, Michael
- Subjects
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ELECTION law , *FEDERAL court decisions , *FOOD laws , *CONSTITUTIONAL law , *CONSTITUTIONS - Abstract
The exam in constitutional law deals with the topics of transparency in food law and the election of a female minister-president. The case refers to a decision of the Federal Constitutional Court on § 40 para. 1 a LFGB from the year 2018. It is discussed whether the publication of violations of food law regulations is compatible with the freedom of occupation. Also, a dispute before the election of Bodo Ramelow as minister-president of Thuringia in 2014 is addressed, in particular the question of whether the candidate Neuer was elected as minister-president according to Art. 70 para. 3 sentence 3 LV. Abstract norm control, state information action, freedom of occupation, and state organizational law are important keywords in this context. It is emphasized that the constitution should be interpreted in such a way that a minister-president has a sufficient basis of legitimacy, and that the principle of democracy requires a solid basis for the election of a minister-president. [Extracted from the article]
- Published
- 2025
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16. AUKUS 'behind the scenes': through the lens of militarised neoliberalism.
- Author
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Wijaya, Trissia and Hayes, Ali
- Subjects
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STATE constitutions , *GEOPOLITICS , *MILITARY science , *SOVEREIGNTY , *BIPARTISANSHIP , *NEOLIBERALISM - Abstract
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]
- Published
- 2025
- Full Text
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17. Men at Work: How Are Masculinities Constituted and Performed in Work and Employment Settings?
- Author
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Giazitzoglu, Andreas
- Subjects
ENTERTAINERS ,MALE employees ,GENDER ,EMPLOYMENT ,CONSTITUTIONS ,MASCULINITY - Abstract
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]
- Published
- 2025
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18. Otto Hintze today.
- Author
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Adair-Toteff, Christopher
- Subjects
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STATE constitutions , *HISTORIOGRAPHY , *HISTORIANS - Abstract
The two volumes under review are part of a renewed interest in the work of Otto Hintze. The volume edited by Andreas Anter and Hinnerk Bruhns concentrates on Hintze's theory of the state while the volume edited by Hans Joas and Wolfgang Neugebauer focuses on Hintze's historical writings. Together, these two volumes help expand the view that Hintze was a historian who only focused on Prussian history and contribute to a fuller understanding of the range of Hintze's scholarship. [ABSTRACT FROM AUTHOR]
- Published
- 2025
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19. Un-fathering the Constitution.
- Author
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TOLER, LORIANNE UPDIKE
- Subjects
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CONSTITUTIONS , *CONSTITUTIONAL law , *HISTORIOGRAPHY - Abstract
Constitutional law turns on Madison's vision. This because Madison is universally acclaimed by the Supreme Court and legal academe as the Constitution's father. However, Madison's constitutional parentage sounds more in lore than logic. A careful review of recent historiography, Madison's own writings, and new analytics tools available on the Quill Project reveal Madison as much less important to the Constitution than previously thought. He did not bring about the Convention, did not write the Virginia Plan, and was not that influential at the Constitutional Convention. Immediately after the Convention, Madison considered himself and the Constitution a failure, and disclaimed any singularly unique role in its framing. His influence grew post-Convention in writing the Federalist Papers and drafting the Bill of Rights but was more modest for the unamended Constitution. Madison does not a father make, especially in the singular sense. This paper focuses on the impact Madison's demotion has on the Supreme Court's interpretation of the Constitution. Without Madison on the constitutional podium, several foundational moorings of constitutional law must be reconstructed on additional or alternative grounds. [ABSTRACT FROM AUTHOR]
- Published
- 2025
20. CONSTITUTIONAL THEORY AND THE PROBLEM OF DISAGREEMENT.
- Author
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ALICEA, J. JOEL
- Subjects
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JUSTICE , *SOCIAL accounting , *THEORISTS , *ARGUMENT , *CONSTITUTIONS - Abstract
For decades, constitutional theory has been haunted by the problem of disagreement: the reality that we are deeply divided on fundamental questions of justice and the good society. Theorists have generally responded to the problem of disagreement in one of two ways. One approach minimizes the extent to which constitutional theories rely on controversial moral premises and instead grounds constitutional theories in widely endorsed social practices. The other generally discards any social practices that reflect disagreement with the moral views that the theorist holds. Neither approach is sound. Constitutional theory requires both controversial moral claims and attention to social practices; it requires both ideal and practical theory. Indeed, we can see how to address the seemingly modern problem of disagreement by attending to the work of an ancient constitutional theorist: Cicero. Despite being the subject of intense scholarly interest outside the legal academy over the last few decades, Cicero's work has been almost entirely overlooked by American constitutional theorists. But if we examine, refine, and revise his arguments about ideal and practical constitutional theory, we will find that the two dominant approaches to the problem of disagreement proposed by American constitutional theorists are mistaken. Because constitutional theory necessarily makes strong moral claims, it is not well-suited to mitigating the effects of disagreement, even as it must take into account non-ideal social practices. Rather, the task of ameliorating the problems stemming from disagreement falls to constitutional design: the enterprise of constructing a constitution that can channel disagreements productively, forge consensus, and produce a stable constitutional order. The failure to distinguish between constitutional theory and constitutional design when addressing the problem of disagreement has led to deep confusion within constitutional theory. Mitigating the problem of disagreement is a task of constitutional design, and whether that task succeeds depends on our role acting within that design as citizens, not as theorists. [ABSTRACT FROM AUTHOR]
- Published
- 2025
21. Liberdade de imprensa durante as ditaduras de Salazar, Franco e Vargas e seus efeitos.
- Author
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LOSANO, MARIO G.
- Subjects
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FREEDOM of the press , *FAKE news , *DICTATORSHIP , *CONSTITUTIONS , *COMPARATIVE law , *PRESS - Abstract
The article analyzes press freedom during the dictatorships of Salazar, Franco, and Vargas, highlighting the repression of divergent opinions and censorship of the press. It focuses on the dictatorship of Getúlio Vargas, emphasizing his fight against European dictatorships. It also mentions the protection of press freedom in the constitutions of Portugal, Spain, and Brazil, although it was not always respected. Finally, the issue of fake news and press freedom in the Brazilian Constitution of 1988 is addressed, highlighting the need for policies that promote the independence of the press. [Extracted from the article]
- Published
- 2025
- Full Text
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22. Ideological Constitutionalism.
- Author
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Duke, George
- Subjects
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POWER (Social sciences) , *CONSTITUTIONALISM , *IDEOLOGY , *CONSTITUTIONS , *INTENTION - Abstract
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]
- Published
- 2025
- Full Text
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23. THE FORGOTTEN FUNDAMENTAL RIGHT TO FREE MOVEMENT.
- Author
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Smith-Drelich, Noah
- Subjects
- *
FREEDOM of movement , *DUE process of law , *ABORTION laws , *CIVIL rights , *STATE constitutions - Abstract
There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged--though infrequently applied--fundamental right to interstate travel. The true scope of the Constitution's protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court. This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article begins by tracing the right to free movement from the Magna Carta, through Blackstone's Commentaries, colonial America, early state constitutions, and the ratification of the Fourteenth Amendment. As this analysis shows, repressive governments have routinely sought to limit movement across and within boundaries. But the English and U.S. legal traditions are marked by repeated affirmations of the right--there is strong and persistent historical support for a fundamental right to free movement. This Article then turns to judicial discussions of movement rights, both historical and contemporary. Drawing on several previously unconnected lines of decision, this examination surfaces a vibrant picture of the fundamental right to free movement recognized by the courts, including the U.S. Supreme Court. Given its firm foundation and expansive reach, this is a right that should be applied regularly--to anti-gender-affirming-care or anti-abortion laws targeting travel, to quarantine restrictions locking down a community, and to any of the wide variety of other restrictions limiting free movement. [ABSTRACT FROM AUTHOR]
- Published
- 2025
24. Charles de Gaulle and the Revolution of 1962: Caesarism in Search of Republican Order.
- Author
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Pinkoski, Nathan
- Subjects
- *
REGIME change , *SUFFRAGE , *CONSTITUTIONS , *CHARISMA , *POPULARITY , *REFERENDUM - Abstract
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]
- Published
- 2025
- Full Text
- View/download PDF
25. The Political Movement for the Republic of Kosovo - July 2, 1990.
- Author
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Krasniqi, Agon
- Subjects
POLITICAL development ,ARCHIVAL resources ,GOVERNMENT agencies ,POLITICAL movements ,CONSTITUTIONS ,SERBS ,AUTONOMY (Psychology) - Abstract
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]
- Published
- 2025
- Full Text
- View/download PDF
26. The 2020 Revision of the Algerian Constitution and the Ḥirāk: Returning to Constitutional Order after the Institutional Disorders of 2019.
- Author
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Cherbi, Massensen
- Subjects
CIVIL rights ,PUBLIC policy (Law) ,CONSTITUTIONS ,ELECTIONS ,LIBERTY - Abstract
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.)
- Published
- 2025
- Full Text
- View/download PDF
27. ما الذي تعنيه حالة الاستثناء ؟ مقاربة تعريفية وتحليلية.
- Author
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ماتياس لمكيه
- Subjects
GOAL (Psychology) ,DEMOCRACY ,EXCEPTIONS (Law) ,CONSTITUTIONS ,DISCOURSE - Abstract
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.)
- Published
- 2025
- Full Text
- View/download PDF
28. التجسس في عهد السلطان عبد الحميد الثاني ١٨٧٦ - ١٩٠٩ (دراسة تاريخية).
- Author
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كاظم حسن جاسم
- Subjects
OTTOMAN Empire ,SULTANS ,ESPIONAGE ,CONSPIRACIES ,CONSTITUTIONS - Abstract
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.)
- Published
- 2025
29. ПРАВА ЛЮДИНИ В КОНСТИТУЦІЯХ АРАБСЬКИХ АБСОЛЮТНИХ МОНАРХІЙ.
- Author
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Зінченко, О. В.
- Subjects
ISLAMIC law ,CONSTITUTIONAL monarchy ,CIVIL rights ,HUMAN constitution ,MONARCHY - Abstract
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]
- Published
- 2025
- Full Text
- View/download PDF
30. جایگاه نظارتی سازمان بازرسی کل کشور نسبت به رعایت حسن جریان امور.
- Author
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سجاد افشار
- Subjects
CRIMINAL liability ,DECISION making ,JUSTICE administration ,AMBIGUITY ,CONSTITUTIONS - Abstract
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]
- Published
- 2025
- Full Text
- View/download PDF
31. قوه مؤسس در انقلاب اسلامی سال ۱۳۵۷ ایران در پرتو نظریه کارل اشمیت.
- Author
-
حسین رحمت الهی and فریما جمالی
- Subjects
CONSTITUTIONAL law ,IRANIAN Revolution, 1979 ,POLITICAL systems ,CONSTITUTIONS ,SOVEREIGNTY - Abstract
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]
- Published
- 2025
- Full Text
- View/download PDF
32. How Census Undercount Became a Civil Rights Issue and Why It Is Increasingly Important.
- Author
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NEIDERT, LISA, FARLEY, REYNOLDS, and MORENOFF, JEFFREY
- Subjects
CONGRESSIONAL apportionment ,ELECTORAL college ,CIVIL rights ,CITIES & towns ,CONSTITUTIONS - Abstract
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]
- Published
- 2025
- Full Text
- View/download PDF
33. America's Dominant Founding Narratives, Once Again Being Challenged.
- Author
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Shain, Barry
- Subjects
CHRISTIAN conservatism ,CONSTITUTIONS - Abstract
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]
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- 2025
- Full Text
- View/download PDF
34. The Experience of Weakness and Power in Maine de Biran.
- Author
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Emma-Adamah, Victor
- Subjects
POWER (Philosophy) ,ORIGINALITY ,SELF ,GOD ,CONSTITUTIONS - Abstract
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]
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- 2025
- Full Text
- View/download PDF
35. LES DEUX CORPS DE L'ASSEMBLÉE NATIONALE.
- Author
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LE DIGOL, Christophe
- Subjects
REPRESENTATIVE government ,LEGITIMACY of governments ,CONSTITUTIONS - Abstract
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.)
- Published
- 2025
36. Gabbard, Patel Senate Confirmation Hearings Show Radical Reform Needed in Intelligence Agencies.
- Author
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Schlanger, Harley
- Subjects
CONGRESSIONAL hearings (U.S.) ,LEGISLATIVE committees ,LEGISLATIVE hearings ,REPUBLICANS ,CONSTITUTIONS - Published
- 2025
37. WHY ISRAEL'S GENERAL STRIKE FAILED.
- Author
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BONDY, ASSAF S., MAGGOR, EREZ, and PREMINGER, JONATHAN
- Subjects
POLITICAL parties ,VOTER turnout ,ARAB Spring Uprisings, 2010-2012 ,POLITICAL opposition ,CONSTITUTIONS ,REFERENDUM - Abstract
Tunisia's president, Kais Saied, won reelection by an overwhelming margin in October. Saied came to power in 2019 as a populist political outsider running on an anti-corruption platform; two years later, he declared a state of emergency, dissolved parliament, and put forward a referendum on a new constitution that would increase his power. Voters passed the referendum, and Saied began jailing his political opponents. Opposition parties boycotted the contest in protest of another wave of repression: the government prevented the most prominent anti-Saied figures from running and imprisoned one of the two authorized candidates a month before the election. With the electorate demoralized, voter turnout fell to 28.8%, the lowest since the Arab Spring toppled dictator Zine El Abidine Ben Ali and Tunisia began holding democratic elections. [ABSTRACT FROM AUTHOR]
- Published
- 2025
38. CONGRESSWOMAN HARRIET HAGEMAN DEFENDING THE CONSTITUTION: In an interview with The New American, Representative Harriet Hageman discusses globalist and domestic threats to the Constitution.
- Author
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Gomez, Christian
- Subjects
- *
CONSTITUTIONS , *MICROBLOGS , *FREE exercise clause (Constitutional law) , *HURRICANE Helene, 2024 - Abstract
The article focuses on an interview with Republican U.S. Representative Harriet Hageman of Wyoming, who discusses her political victory over Liz Cheney and her commitment to constitutional principles. Topics include Hageman's high score in The New American's Freedom Index compared to Cheney's low score, her opposition to the United Nations and the World Health Organization, and her co-sponsorship of the DEFUND Act aimed at withdrawing the U.S. from the UN.
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- 2025
39. A Matter of Collective Joy and Pride for All Citizens.
- Author
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MURMU, DROUPADI
- Subjects
- *
PRESIDENTS , *REPUBLIC Day (India) , *AUTONOMY & independence movements , *CONSTITUTIONS - Published
- 2025
40. Macau Has Undergone Earthshaking Transformation.
- Subjects
- *
PRESIDENTIAL messages , *ECONOMIC development , *CONSTITUTIONS , *COVID-19 pandemic - Published
- 2025
41. How Abortion Won in Arizona.
- Author
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ESCH, MARIA
- Subjects
REFERENDUM ,ELECTORAL college ,STATE constitutions ,COPPER ,ABORTION ,ABORTION laws - Published
- 2025
42. Jesus the Refugee: Ancient Injustice and Modern Solidarity.
- Author
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MASSARO, THOMAS
- Subjects
- *
POPES , *CONSTITUTIONS , *REFUGEES , *SOLIDARITY - Abstract
The article "Jesus the Refugee: Ancient Injustice and Modern Solidarity" by D. Glenn Butner, Jr. explores the concept of Jesus and his family as refugees, questioning whether they would be granted asylum today. The author delves into the ethical duties and obligations towards displaced people, drawing on previous theological work and proposing various levels of solidarity. The text emphasizes the need for structural change at all levels to address the historical injustices and global power imbalances that contribute to the refugee crisis. [Extracted from the article]
- Published
- 2025
- Full Text
- View/download PDF
43. Theocratic Secularism. Religion and Government in Shīʿī Thought, written by Naser Ghobadzadeh.
- Author
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Arminjon, Constance
- Subjects
- *
RELIGION & state , *ISLAMIC renewal , *RELIGION & politics , *TITERS , *CONSTITUTIONS - Published
- 2025
- Full Text
- View/download PDF
44. Fixed it in a country minute.
- Author
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LOOS, TRENT
- Subjects
UNITED States legislators ,EXECUTIVE orders ,CONSTITUTIONS - Abstract
The article discusses the issue of the National Guard being deployed outside of their home states without a declaration of war from Congress, which is deemed unconstitutional. It highlights the "defend the guard" legislation introduced in multiple states to address this issue, with varying outcomes. The author emphasizes the importance of individual freedom and expresses concern over increasing federal government involvement in areas like farm income and National Guard operations. The article calls for a reevaluation of these issues to ensure freedom and independence at the state level. [Extracted from the article]
- Published
- 2025
45. Jurisprudential Reimagination on Rights to Education and Healthcare in India: In Pursuit of a Coherent Theory.
- Author
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Chandra, Sushant and Moti, Shireen
- Subjects
- *
RIGHT to health , *WORLD War II , *CULTURAL rights , *JURISPRUDENCE , *CONSTITUTIONS , *CONSTITUTIONALISM - Abstract
The Indian Constitution, as a grand document, promised rights and interests. The members of the Constituent Assembly were divided on situating socio-economic rights such as education and healthcare as judicially enforceable rights due to budgetary constraints. Therefore, the Indian Constitution, entrenched these interests as part of Directive Principles of State Policy – the guiding principle but judicially non-enforceable. In the aftermath of Second World War, and declaration of International Covenant on Economic, Social, and Cultural Rights (1966), many jurisdictions experimented by making Socio-Economic interests as judicial enforceable rights within the framework of their Constitutions. South Africa, and Colombia, stand tall in that order of nations. Notwithstanding their declaration as judicially enforceable, most of these nations including South Africa and Colombia have struggled in developing a coherent jurisprudence on the enforcement of these rights and penumbral claims emanating from them. In this paper, we traverse the jurisprudential journey of Socio-Economic Rights in South Africa, and Colombia, and juxtapose them with the Indian experience, to sum up the jurisprudential underpinnings constituting the rationale behind the enforcement of these claims or otherwise. [ABSTRACT FROM AUTHOR]
- Published
- 2025
- Full Text
- View/download PDF
46. Place-bereavement-trajectories: Life-course experiences of loss in rural Irish communities.
- Author
-
Wanka, Anna and Walsh, Kieran
- Subjects
OLDER people ,COUNTRY life ,LIMINALITY ,BEREAVEMENT ,LIFE course approach ,GERONTOLOGY ,CONSTITUTIONS - Abstract
Despite the demographic and cultural importance of bereavement in rural places, research on place-based bereavement experiences for rural older people remains underdeveloped. Consequently, how these experiences are patterned, mediated and co-constituted by spatial components and rural processes are poorly understood. The aim of this paper is to explore the role of place in the bereavement experiences of older adults living in small rural communities. Adopting a material and relational perspective regarding lived experience of bereavement transitions in place, the analysis draws on archived qualitative data (2012) from 106 in-depth life-course interviews, across 10 case-study sites, on later life in diverse rural settings in Ireland and Northern Ireland. Data is presented on the entanglement of different stages of bereavement (separation, liminality and incorporation) and on different dimensions of place (spatial/infrastructural, relational, cultural and affective/experiential). While varying across transition stage, and resident type, findings suggest that multiple dimensions of place can buffer or compound bereavement. However, bereavement also shapes places and older adults' relationships to these places. Place and bereavement, therefore, emerge as entangled across a co-constitutive trajectory. Acknowledging this can facilitate the capacity of rural places to support bereavement as an individual and collective community experience, and enhance scholarly understandings of spatial dimensions of ageing-related transitions. • Place plays a crucial role in buffering negative impacts of bereavement. • Place and bereavement are co-constitutive within ageing in place experiences. • Place-based norms, relations and practices shapes bereavement experiences. • Bereavement experience shapes the demographic and cultural constitution of place. • Life-course transitions should be considered in age-friendly policies. [ABSTRACT FROM AUTHOR]
- Published
- 2025
- Full Text
- View/download PDF
47. The No-Content View of Contradictions.
- Author
-
Filcheva, Krasimira
- Subjects
- *
NATURAL languages , *CONTRADICTION , *POSSIBILITY , *ARGUMENT , *CONSTITUTIONS - Abstract
This paper challenges the widespread view that contradictions have semantic content. I argue that contradictory sentences in natural language, taken literally and occurring within assertoric contexts, lack content. I present an extended twofold argument, which rests on a set of considerations about the fundamental connection between meaning-constitutivity in natural language and the semantic status of contradictions. First, I argue that the contradictory negations of analytic statements cannot have semantic content as a necessary condition for the possibility of meaning-constitutive facts in natural language. Second, I argue that the special role of contradictions in the constitution of sameness and difference of content in natural language is incompatible with the view that non-analytic contradictions could have semantic content. These two arguments jointly imply that all contradictions in natural language lack content. [ABSTRACT FROM AUTHOR]
- Published
- 2025
- Full Text
- View/download PDF
48. Levitsky, S., & Ziblatt, D. (2024). Die Tyrannei der Minderheit.: München: Deutsche Verlagsanstalt. 352 S., ISBN: 978-3-421-07003-6, € 26,–.
- Author
-
Thimm, Johannes
- Subjects
POLITICAL attitudes ,BOOK industry exhibitions ,SELF-perception ,DEMOCRACY ,CONSTITUTIONS - Abstract
Copyright of Zeitschrift für Aussen- und Sicherheitspolitik is the property of Springer Nature 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.)
- Published
- 2025
- Full Text
- View/download PDF
49. Investigating the Olfactory Impact of Monoterpenic Compounds on Fruity Aroma Perception in Model Red Wine Solutions.
- Author
-
Garbay J, Tempere S, Ballet L, Barbe JC, and Lytra G
- Subjects
- Humans, Adult, Female, Male, Flavoring Agents chemistry, Vitis chemistry, Young Adult, Taste, Wine analysis, Odorants analysis, Smell, Fruit chemistry, Monoterpenes analysis, Monoterpenes chemistry
- Abstract
This study investigated the impact of monoterpenic compounds on red wine fruity aroma perception in different matrices and at different concentrations typically found in red wines. Fruity aromatic reconstitutions (FAR) containing sixteen esters that represent the fruity pool of red wine and eight monoterpenic compounds at low, medium, and high concentrations were prepared in dilute alcohol solution (FAR-DAS) and in dearomatized red wine (FAR-DRW). Sensory analysis applied to the olfactory detection threshold of the fruity pool revealed that α-terpineol, at the subthreshold level, and 1,8-cineole, at the suprathreshold level, significantly boosted the olfactory detection threshold of the fruity pool. The results of sensory profiles showed that the presence of a mixture of monoterpenic compounds at a medium concentration in FAR-DAS and in FAR-DRW induced changes in fruity perception. Their addition increased the intensity of black-berry fruit descriptors, such as fresh and jammy blueberry and blackcurrant fruit notes. Moreover, the presence of α-terpineol (130 μg/L), 1,8-cineole (4 μg/L), and linalool (38 μg/L), respectively, increased the fresh raspberry, fresh and jammy blueberry, and jammy blackcurrant notes in FAR-DAS. Across all matrices, the presence of monoterpenic compounds at medium levels consistently amplified black-berry fruit notes. This research provides insights into the impact of monoterpenic compounds on red wine fruity aroma, shedding light on specific enhancing effects of certain monoterpenic compounds via perceptual interactions at various concentrations and in different matrices.
- Published
- 2025
- Full Text
- View/download PDF
50. In other news.
- Subjects
INTELLIGENCE service ,CONSTITUTIONS ,GENERALS - Abstract
President Trump has broken tradition by taking control of the press pool that covers him, choosing which reporters are allowed access to his daily activities. This responsibility was previously held by the independent White House Correspondents' Association. The change has led to right-wing outlets like Blaze Media and Newsmax being assigned pool slots over more traditional outlets like Reuters and the Associated Press. The move has sparked concerns about press freedom and the ability of leaders to select their own press corps. [Extracted from the article]
- Published
- 2025
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