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Journal articles on the topic 'Constitutional engineering'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

Kuqi, Driton. "Constitutional – Legal Engineering of the Model of Democracy in North Macedonia." Studia Europejskie - Studies in European Affairs 25, no. 1 (April 12, 2021): 147–67. http://dx.doi.org/10.33067/se.1.2021.7.

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This thesis is a critical analysis of the constitutional and legal order of the Republic of North Macedonia, following the chronological process dating from the gaining of the county’s independence, through the armed confl ict in 2001 that brought constitutional changes, to today. The first decade after the breakup of Yugoslavia was crucial for the North Macedonian state and its citizens. The writing/creation of the constitution of the new, independent state was not an easy process and it did not pass peacefully nor did it pass without any problems. The complex social process and relations have initiated the need for amendments to the Constitution, which, since its adoption in 1991 until today, has been changed 32 times in order to adapt to new, emerging situations and to give constitutional and legal responses to the inherent challenges. Of course, proper changes also occurred in the political system itself as a result of numerous factors, which have more or less influenced its character and shape.

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2

Ковбан, А. В. "ORIGINS OF MODERN CONSTITUTIONAL ENGINEERING." Constitutional State, no. 30 (June 4, 2018): 74–77. http://dx.doi.org/10.18524/2411-2054.2018.30.132843.

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Reynolds, Andrew. "Constitutional Engineering in Southern Africa." Journal of Democracy 6, no. 2 (1995): 86–99. http://dx.doi.org/10.1353/jod.1995.0035.

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4

Masuta, Dieu-Merci Ngusu. "La justiciabilité de la Constitution en droit congolais. Note d’observation sous Cour constitutionnelle (RDC), Matière d’appréciation de la conformité à la Constitution, R. Const. 0038, 28 Août 2015." Recht in Afrika 24, no. 1 (2021): 96–108. http://dx.doi.org/10.5771/2363-6270-2021-1-96.

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The jurisdictional protection of the Constitution is designed to guaranty the affectivity of the legal state in the Democratic Republic of the Congo. The fulfillment of this requirement has passed through the establishment of the constitutional Court which received from the Constitution the main competence of knowing the requests related to the conformity of the public authorities’ acts to the Constitution. This paper has tried to determine the effective sweep of this protection by making a criticism-analysis of its juridical base with regard to the judgment of the constitutional Court delivered under R. Const. 0038. By this judgment, the constitutional Court extended its competence to the act that normally should not be submitted to its appreciation. This extension was justified by the need of protecting the human rights and the public liberties furthered in the Constitution. However, it is important to insert in the Constitution this new competence in order to protect the constitutional principles as well as the human rights and the public liberties.

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Muslim, Nazri, Wan Zulkifli Wan Hassan, Jamsari Alias, Norazila Mat, and Abdullah Ibrahim. "Malaysian Federal Constitution from Constitutional Sociology Contexts." Journal of Engineering and Applied Sciences 14, no. 11 (November 30, 2019): 3761–70. http://dx.doi.org/10.36478/jeasci.2019.3761.3770.

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LIJPHART, AREND. "Democracies: Forms, performance, and constitutional engineering." European Journal of Political Research 25, no. 1 (January 1994): 1–17. http://dx.doi.org/10.1111/j.1475-6765.1994.tb01198.x.

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7

Litwin, Tomasz. "The Reflection on the Human Nature and the Power in the Constitution of the Republic of Poland of 1997 from the Legal-Constitutional Research Perspective." Horyzonty Polityki 12, no. 39 (August 5, 2020): 67–88. http://dx.doi.org/10.35765/hp.1841.

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RESEARCH OBJECTIVE: The main research aim of the article is the analysis of the relations between the conception of the human nature and the main purposes of the power in the rules of the Constitution of Poland. THE RESEARCH PROBLEM AND METHODS: The research problem of the article is how the constitutional conception of the human nature influences the conception of power and its purposes expressed in the Constitution. The article presents the legal-constitutional research perspective and is based on various methods of interpretation of the constitutional rules. THE PROCESS OF ARGUMENTATION: The article analyses the constitutional conceptions of the human nature, power and its purposes, as well as their mutual relations. RESEARCH RESULTS: It seems that the constitutional conception of the human nature has only partial influence on the rules of the constitution describing the power and its purposes. CONCLUSIONS, INNOVATIONS AND RECOMMENDATIONS: The conception expressed in the preamble of the Constitution describing the Polish citizens as accepting such fundamental and universal values as truth, justice, good and beauty is inadequate. It should be removed and these values could be introduced to art. 8 along with such value as “wisdom”, as the set of fundamental values protected by the Constitution.

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Malherbe, Rassie. "A New Beginning: Introducing the South African Constitution and Bill of Rights." Netherlands Quarterly of Human Rights 18, no. 1 (March 2000): 45–65. http://dx.doi.org/10.1177/092405190001800104.

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Few would argue that the democratisation of South Africa is one of the most fascinating examples of constitutional engineering during the latter half of the 20th century. This article recounts the negotiating process leading up to the adoption of the Constitution of 1996, and highlights the main features of the Constitution. The features discussed are majority government, the principle of constitutional supremacy, the content and application of the Bill of Rights – with some emphasis on its impact so far on social change –, the role of the independent judiciary, the principle of co-operative government which governs the relationship between the three spheres of government, and the ways in which the diversity prevalent in the South African society has been accommodated. Some comments are also made on the necessity for the creation of a human rights culture to support the new Constitution. The article concludes with the remark that, although serious obstacles remain, a solid start has been made on the road to a constitutional democracy with justice for all.

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Kim,Hong-Koo. "Democratic Deepening and Constitutional Engineering in Thailand." Southeast Asian Review 23, no. 1 (February 2013): 45–87. http://dx.doi.org/10.21652/kaseas.23.1.201302.45.

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10

Newman, Karl, and Sophie Boyron. "I. Constitutional Aspects." International and Comparative Law Quarterly 48, no. 3 (July 1999): 703–7. http://dx.doi.org/10.1017/s0020589300063533.

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Article N of the Treaty on European Union (TEU ) called for an intergovernmental conference (IGC) in 1996 to reform the articles of the Treaty for which a revision is provided. Also, it was felt that the institutional question should be addressed before the next wave of enlargement; the institutional structure which was adopted to deal with six member States could hardly be stretched further to include the Eastern European applicant States. A complete re-engineering of the institutional framework was required. Furthermore, the reform of the institutions should tend to increase democracy in the Union.

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Sebastián, Sofía. "Constitutional Engineering in Post-Dayton Bosnia and Herzegovina." International Peacekeeping 19, no. 5 (November 2012): 597–611. http://dx.doi.org/10.1080/13533312.2012.721998.

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12

Razi, Naseem, Rashida Zahoor, and Ghulam Abbas. "The Nexus between Fundamental Rights and Necessities of Life: A Case Study of Pakistan." Global Legal Studies Review VI, no. I (March 30, 2021): 9–16. http://dx.doi.org/10.31703/glsr.2021(vi-i).02.

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The Constitution of Pakistan 1973 protects its citizens by guaranteeing some fundamental rights. It is, however, a matter of great concern that these rights do not cover the "right to access the necessities of life like access to clean water, food, clothing, shelter, and medicine etc". It, thus, leads imperfection of the constitutional rights. Therefore, this study aims to highlight this gap by evaluating the constitutional fundamental rights in the light of the necessities of life. This study concludes that lack of access to the necessities of life has made the people least concern towards the national issues and development of the country. Hence, this paper recommends filling up this gap and to incorporate the "right to access to the necessities of life" in the Constitution 1973.

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Chornopyskyy, Petro. "Constitutional reform as the demonstration of constitutional engineering in the practice of an individual state." Aktual’ni problemi pravoznavstva 1, no. 4 (December 15, 2017): 145–52. http://dx.doi.org/10.35774/app2017.04.145.

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Gönenç, Levent. "Presidential Elements in Government: Turkey." European Constitutional Law Review 4, no. 3 (October 2008): 488–523. http://dx.doi.org/10.1017/s1574019608004884.

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History of the Turkish Presidency – Powers and status of presidents under the Constitutions of 1961 and 1982 – Parlementarisme attenué – A veto players system – Performance of individual presidents: guardian and partisan presidencies – Introduction of the principle of direct election of the president in 2007: not part of a well-thought out constitutional engineering scheme – Seeds of instability

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Asim, Muhammad, Muhammad Akram Zaheer, and Yasmin Roofi. "Constitutional Economics under an Official Thought to be Divinely Guided: Implication on Islamic Republic of Iran." Journal of Islamic Thought and Civilization 10, no. 101 (June 2020): 273–87. http://dx.doi.org/10.32350/jitc.101.15.

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Constitutional economics is an interdisciplinary subject of constitutionalism and economics where political government tries to constitutionalize the economic activities within the state. Although, every political government tries to deal with all the economic aspects during constitutional engineering but, in theocratic states, the supreme religious institution performs the respective task because of having an official thought to be divinely guided. This study comprehensively describes the concept of Vilayat-e-Faqih (introduced by the Imam Khomeni) in Iran, by which, the entire political system including the economic and financial affairs of Iran has become the subjects of Supreme Leader and his Guardian Council. Similarly, articles 20, 21, 26, 27, 28, 29 and 31 of the Iranian constitution emphasize upon economic rights of the nation in general. On the other hand, articles 43, 44, 45, 46, 47 and 48 of the constitution define Iranian economic infrastructure, which is comprised of state, corporate and private sectors.At the same time, articles from 100 to 106 of the constitution focus on the power and authorities of“the councils” at the town, city, district and provincial levels. Moreover,this study also provides constitutional economic analysis of article 05, articles 107 to 112, article 150,and article 176 that exhibits hegemony of Supreme Leader (in consultation with Guardian Council and Revolutionary Guards)regarding looking after, controlling and directing all the economic activities within the state. Furthermore, the study also investigates how and why each constitutional provision is the subject of the post of Supreme Leader (also called Vilayat-e-Faqīh; considered to be divinely guided).

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Nelson, Michael H. "Institutional Incentives and Informal Local Political Groups (Phuak) in Thailand: Comments on Allen Hicken and Paul Chambers." Journal of East Asian Studies 7, no. 1 (April 2007): 125–47. http://dx.doi.org/10.1017/s1598240800004872.

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Post-1997 Thai politics have been shaped by the effects of two momentous events that occurred almost at the same time: the introduction of far-reaching structural changes by the 1997 constitution, and the appearance of a singularly overbearing and centralizing political leader—Thaksin Shinawatra. To political analysts, this situation has provided uniquely rich opportunities to observe over a number of years whether constitutional engineering had the envisaged effect of restricting the politicians' “undesirable” actions, and whether the intended institutional change was realized. However, the coincidence of constitutional change and the occurrence of Thaksin has also made it necessary to distinguish the effects of structural changes from the effects of the new form of political leadership.

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Reyntjens, Filip. "Institutional Engineering, Management of Ethnicity, and Democratic Failure in Burundi." Africa Spectrum 51, no. 2 (August 2016): 65–78. http://dx.doi.org/10.1177/000203971605100204.

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This article argues that constitutional engineering along consociational lines in Burundi – explicitly accommodating ethnicity rather than attempting to suppress it – was instrumental in reducing the political role of ethnicity, but that other endogenous and exogenous factors also played a role. After surveying developments since 1988, this article focuses on the 2005 polls. The outcome of the parliamentary elections suggests that the “disappearance of the ethnic factor,” extolled by many at the time, was achieved by constitutional constraints rather than by social or political dynamics. Nevertheless, with regard to the country's most important and lethal historical problem, the ethnic divide, constitutional engineering has proved hugely effective. Burundi's main cleavage is now between (and within) parties rather than ethnic groups, and when violence occurs it is political rather than ethnic. Burundi's current crisis is therefore not a failure of consociationalism but of democracy.

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18

Dos-Santos-Dionisio, F. "Making privatization constitutional." IEEE Spectrum 33, no. 6 (June 1996): 38–39. http://dx.doi.org/10.1109/mspec.1996.499947.

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19

Fleischer, David, and Celina Souza. "Constitutional Engineering in Brazil: The Politics of Federalism and Decentralization." Journal of Interamerican Studies and World Affairs 40, no. 4 (1998): 145. http://dx.doi.org/10.2307/166459.

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20

Adam, Heribert, and Donald L. Horowitz. "A Democratic South Africa? Constitutional Engineering in a Divided Society." Contemporary Sociology 21, no. 3 (May 1992): 323. http://dx.doi.org/10.2307/2076249.

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Adam, Heribert, and Donald L. Horowitz. "A Democratic South Africa? Constitutional Engineering in a Divided Society." Canadian Journal of African Studies / Revue Canadienne des Études Africaines 27, no. 1 (1993): 133. http://dx.doi.org/10.2307/485464.

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22

Ingham, Kenneth. "A democratic South Africa? Constitutional engineering in a divided society." International Affairs 67, no. 4 (October 1991): 832. http://dx.doi.org/10.2307/2622549.

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23

Gerhart, Gail M., and Donald L. Horowitz. "A Democratic South Africa? Constitutional Engineering in a Divided Society." Foreign Affairs 70, no. 3 (1991): 184. http://dx.doi.org/10.2307/20044901.

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24

Ordeshook, Peter C., and Giovanni Sartori. "Comparative Constitutional Engineering: An Inquiry into Structures, Incentives and Outcomes." Political Science Quarterly 110, no. 2 (1995): 316. http://dx.doi.org/10.2307/2152371.

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25

Sadek, Maria Tereza. "Constitutional engineering in Brazil: the politics of federalism and decentralization." Revista Brasileira de Ciências Sociais 15, no. 42 (February 2000): 153–54. http://dx.doi.org/10.1590/s0102-69092000000100011.

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26

Venter, Albert. "Designing an executive for South Africa: a constitutional engineering perspective." Politikon 23, no. 1 (June 1996): 62–78. http://dx.doi.org/10.1080/02589349608705030.

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27

Waylen, Georgina. "Constitutional engineering: what opportunities for the enhancement of gender rights?" Third World Quarterly 27, no. 7 (October 2006): 1209–21. http://dx.doi.org/10.1080/01436590600933305.

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Ciepły, Filip. "Anthropological foundations of Polish Penal Law in the light of the 1997 Constitution of the Republic of Poland." Nowa Kodyfikacja Prawa Karnego 52 (December 13, 2019): 55–64. http://dx.doi.org/10.19195/2084-5065.52.4.

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When making penal law regulations, the legislator is faced with axiological choices of tremendous impact, hence it should take into consideration the moral conditions that are inherent to the specific civilisation and culture, particularly interpreted from constitutional axiology. In the doctrine of penal law and penal sciences that aspire to influence the content of penal legislation, the perspective of constitutional values, principles and norms should always be taken into account. However, the constitutional context does not only offer strict and express legal rules, precisely formulated guarantees, imperatives and prohibitions, constitutional or competence-related provisions but also generally worded optimising norms and, often only implicit preferences, assumptions and axiological views of the author, among them the vision of human nature. The specific anthropological concept that the constitution-maker has assumed as the axiological basis of its law-making decisions proves to be heterogeneous and becomes a necessary reference point for various law-making and law-applying bodies, all recipients of legal norms, and also the representatives of scientific disciplines recommending changes to the law.The anthropological stance adopted in the Constitution can be inferred primarily from the principle of human dignity as well as from the foremost position of the personal freedom of the individual in the hierarchy of constitutional values or from the interpretation of the constitutional concept of common good. The principle of human dignity entails the axiomatisation of the normative content of the Constitution. The Constitution of the Republic of Poland, in its Article 30, does not aspire to re-invent the concept of the human being or prioritise specific rights and freedoms but only confirms that they exist and obliges public bodies to respect and protect them. The analysis of the content of the Constitution of the Republic of Poland reveals that it is founded on the personalistic concept of a human being. This indeterministic concept implies that the individual takes rational and free choices and socially relevant decisions manifested in their actions and is subject to liability, including penal liability, based on these actions. This is relevant to the definition of the paradigm of expert assessments of penal law and to the legislative effort.Under effective constitutional law, it is impossible to develop a system of penal law response based on such anthropological concepts as behaviourism, determinism, post-humanism, anti-humanism, trans-humanism, biotechnology, trans-species approaches, etc. The idea of the rejection of the subjective nature of a human being and departure from the classic rules of penal liability based on the perpetrator’s actions and guilt are out of the question. These notions should be interpreted in the light of personalistic anthropology. Any concepts that rationalise penal sanctions exclusively on the grounds of protection of public safety or crime prevention which make penal liability instrumental and objectify perpetrators are in conflict with constitutional axiology. Moreover, constitutional anthropology cannot endorse solutions that implement a strictly behavioural vision of crime response, that is, one in which the application of penal sanctions is understood as a kind of social engineering or correctional tool separated from liability. The perpetrator of a prohibited act cannot be subject to interventions regarded as forced therapy or psychotechnical correction of non-conformist attitudes and pathological personality. It is also unacceptable to attempt to treat animals or artificial intelligence as subjects of law or making them fall under penal liability.All in all, due to the hierarchical structure of the sources of law, any proposals and conclusions in the field of penal law-making and interpretation must be aligned not only with the norms but also with the axiology of the Constitution of the Republic of Poland. If criminology and other penal sciences do not want to turn into purely theoretical science, detached from the axiological, legal and social reality of combating crime, and if their findings are to be taken into account in practical state policy, they must follow a paradigm consistent with the context of the fundamental values and norms embedded in the Constitution. From the perspective of constitutional anthropology, the paradigm of penal sciences that corresponds to the axiological assumptions behind the existing political system is the classical paradigm in which a human being is perceived as a rational, self-determining and free being, creating and responsible for their own actions. The property of scientific pursuits within the classical paradigm also confirms the repeated references of the constitution-maker to the concept of justice and the treatment of justice as the fundamental and universal value of the legal system.

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Luzhanskyy, A. V. "Special guarantees as a component of the constitutional and legal mechanism for ensuring human rights and freedoms in Ukraine." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 175–79. http://dx.doi.org/10.33663/2524-017x-2021-12-29.

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Since the constitutional and legal mechanism for ensuring human rights and freedoms in Ukraine is a rather complicated theoretical construction, not all of its components can be qualified as those that have been studied at the proper level. This makes it necessary to determine the basic constitutional guarantees of human rights in Ukraine and to clarify the content of special guarantees as a component of the constitutional and legal mechanism for ensuring these rights. On the basis of the study, it was noted that legal guarantees should have a legislative form of their consolidation. The main constitutional guarantees of human rights in Ukraine are highlighted, as well as special guarantees of human rights are identified as the integral system of legal conditions, methods and means that, in combination, ensure the process of unhindered implementation of the right, its protection and restoration in case of violation. Taking into account this definition, the author’s vision of the content of special guarantees of human rights is proposed by specifying a list of its structural components: ensuring the legal regime of inviolability of law – the impossibility of its cancellation, prohibition of narrowing the content and scope of law when adopting new laws or amending existing laws, prohibiting limitation of rights even under martial law or a state of emergency; it is guaranteed by law, incl. at the level of an act of supreme legal force – by the Constitution of Ukraine; the existence of legal guarantees of rights as a component of human rights; the obligation to carry out activities by public authorities, their officials only on the basis, within the powers and in the manner provided for by the Constitution and the laws of Ukraine; the possibility of protection both nationally and internationally; conditionality of its protection by the coercive force of the state or by the control functions of international organizations; the inexhaustibility of the list of human rights defined by the Constitution of Ukraine, which is a prerequisite for both the legislative introduction of new rights and the expansion of the content and scope of existing rights. Keywords: special guarantees human rights and freedoms, constitutional and legal mechanism.

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Heringa, Aalt Willem. "Book Review: Politics in Western Europe, Comparing Constitutions, Comparative Constitutional Engineering (An Inquiry into Structures, Incentives and Outcomes)." Maastricht Journal of European and Comparative Law 4, no. 3 (September 1997): 321–26. http://dx.doi.org/10.1177/1023263x9700400307.

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Dong-Yeob Kim. "Philippine Democracy and Constitutional Engineering: Power Sharing, Accountability, Effectiveness and Stability." Southeast Asian Review 23, no. 1 (February 2013): 1–44. http://dx.doi.org/10.21652/kaseas.23.1.201302.1.

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Dreijmanis, John. "A Democratic South Africa?: Constitutional Engineering in a Divided Society.Donald L. Horowitz." Journal of Politics 54, no. 1 (February 1992): 313–15. http://dx.doi.org/10.2307/2131673.

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Barry, Norman. "Editorial: constitutional deliberations over Europe." Economic Affairs 24, no. 1 (March 2004): 2–4. http://dx.doi.org/10.1111/j.1468-0270.2004.00449.x.

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Orlov, Viktor. "NON-STATE FORMS OF LAW ENFORCEMENT IN UKRAINE: CONSTITUTIONAL AND LEGAL DIMENSION." Ukrainian polyceistics: theory, legislation, practice 1, no. 1 (April 2021): 107–15. http://dx.doi.org/10.32366/2709-9261-2021-1-1-107-115.

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The article is devoted to the study of the constitutional and legal essence of non-state forms of law enforcement in Ukraine. The author emphasizes that in Ukraine law enforcement has always been associated with the activities of state bodies, but these bodies today under various circumstances are not able to fully ensure the security of all systems operating in society. The development of the European vector of Ukraine, the processes of decentralization and deconcentration of power, the urgent need to create a safe environment have led to the development of non-state forms of law enforcement. The relevance of the study is due to the existing problems of determining the constitutional and legal content of existing non-state forms of law enforcement in Ukraine. The author reveals the problematic issues of defining the term «law and order» and «protection of law and order» in the Constitution of Ukraine and legislation. It is determined that the format of modern problem definition requires the search for opportunities for the development of security engineering with the involvement of non-governmental elements of law enforcement. The author believes that the function of law enforcement is implemented in two forms: state and non-state, respectively, under the form of law enforcement we mean the external manifestation of specific actions carried out by state and non-state elements of law enforcement to protect human rights and freedoms, law enforcement. The opinion that it is necessary to distinguish between private, municipal and public forms of law enforcement is substantiated. Private forms of law enforcement should include the activities of: private security companies; private detectives. The municipal forms of law enforcement include the activities of: the municipal guard; municipal parking inspectors; municipal officials performing law enforcement functions. The public forms of law enforcement include the activities of: public formations for the protection of public order; security coordination offices; public assistants of a district police officer on a voluntary basis. It is concluded that the constitutional and legal design of the definition of law and order with the involvement of non-state forms of its protection is an important form of security engineering and an effective institution for ensuring human and civil rights and freedoms in Ukraine.

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Carlos Caetano Junior, Antonio, and Walter Gonçalves Ferreira Filho. "O GERENCIAMENTO DE RESÍDUOS SÓLIDOS NA ENGENHARIA CIVIL, DESAFIOS E POSSIBILIDADES." Revista Científica Semana Acadêmica 9, no. 207 (September 17, 2021): 1–25. http://dx.doi.org/10.35265/2236-6717-207-9174.

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According to Article 225 of the Federal Constitution, all Brazilians have the constitutional right to enjoy a preserved Environment; in this context, Civil Engineering may play a fundamental role if the professionals in the field comply with the rules in force in specific laws. In this way, this article was developed with the general objective - to describe briefly how the solid waste management process in Civil Engineering should be done. Thus, in order to achieve this objective, it was developed using two investigative tools; the bibliographic survey and data collection performed through the use of a questionnaire that was applied to 12 volunteers who undertook to answer it. Therefore, it was evident in this research, how much can be done to comply with the current rules, remembering that this does not compromise the production of companies, according to the data collected in this research, in addition to reducing unnecessary expenses.

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Caron, Brandiff, Govind Gopakumar, Deborah Dysart-Gale, and Matthew Harsh. "Navigating a Constitutional Moment: Reflections on Implementing Graduate Attributes in Canadian Engineering Education." Engineering Studies 6, no. 1 (January 2, 2014): 44–61. http://dx.doi.org/10.1080/19378629.2014.905790.

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37

Fromage, Diane. "National parliaments fighting back? Institutional engineering as a successful means to become active actors in EU affairs." Perspectives on Federalism 8, no. 3 (December 1, 2016): E—69—E—86. http://dx.doi.org/10.1515/pof-2016-0017.

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Abstract The European integration process has long been characterised by the predominance of national executive powers. National parliaments were recognised as European actors after several decades only, in the Maastricht Treaty first and to an even larger extent in the Lisbon Treaty. Parliaments were hence long dependent on national constitutional, legal and administrative arrangements to be able to participate in EU affairs. This paper analyses how national parliaments (and their members) have reacted to the challenge the European integration process has represented for them while it also takes due account of the role other institutions, such as constitutional courts, have played in this field. It is argued that while these arrangements may have been successful in allowing national parliaments to play a greater role in this field, they should remain temporary for they are characterised by uncertainty and instability and make it generally difficult for citizens to follow up on national parliaments’ actions and to be fully informed.

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Salazar Benítez, Octavio. "La deseable composición paritaria del Tribunal Constitucional: una propuesta de reforma constitucional // The desirable parity composition of the Constitutional Court: A proposal for constitutional reform." Revista de Derecho Político 1, no. 101 (April 28, 2018): 741. http://dx.doi.org/10.5944/rdp.101.2018.21977.

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Resumen:La progresiva pérdida de prestigio y autoridad del Tribunal Constitucional es consecuencia, entre otros motivos, de un proceso de nombramiento y selecciónde sus magistrados ciertamente discutibles. Si bien los principales remedios a dicha situación deban venir más de la cultura política que de la ingeniería jurídica, también es cierto que determinadas carencias reclaman simplemente el efectivo cumplimiento de los mandatos legales. Así sucede con el mandato de equilibrio de sexos que la LO 3/2007 dispone para los poderes públicos y que el TC no ha teniendo en cuenta en ninguna de sus renovaciones. Un mandato que deriva a su vez de la necesidad de interpretar nuestro sistema constitucional en términos de democracia paritaria.Abstract:The progressive loss of prestige and authority of the Constitutional Court is a consequence, among other reasons, of a certainly debatable process of appointment and selection of its judges. Although the main remedies to this situation must come more from the political culture than from legal engineering, it is also true that certain deficiencies simply demand the effective compliance with legal mandates. This is the case with the mandate of «gender balance» that the LO 3/2007 provides for the public authorities and that the Constitutional Court has not taken into account in any of its renewals. A mandate that derives from the need to interpret our constitutional system in terms of parity democracy.Summary:1. Introduction: Legal Engineering vs. Political Culture. 2. The appointment of men and women judges. 3. The composition of the Constitutional Court from the point of view of Gender. 4. Conclusions and Proposals.

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Moreno Alfonso, René. "The fallacy of the social State in Colombia." Análisis Jurídico - Político 3, no. 5 (January 31, 2021): 59–94. http://dx.doi.org/10.22490/26655489.4585.

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This document carries out a normative and jurisprudential analysis on the model of the Social State of Law and Social Rights introduced by the 1991 Constitution, to validate its development. The main goal is to contrast the normative design with the reality of Colombian society to consider whether the social purposes of the state are met or if, on the contrary, the Social State of Law is a legal discourse and not a reality. To achieve such goal, the emergence and evolution of the concept of Social State of Law and its application in Colombian constitutionalism are taken into account; The study of social rights is carried out in conceptual and quantitative terms with satisfaction/deficiency indicators to identify the effectiveness degree those rights that allow the progress or setbacks of the Social State of Law to be concluded. The contrast among constitutional norms, jurisprudential rules and empirical data on the effectiveness of social rights lead us to the conclusion that in 30 years of legitimacy of the Colombian Constitution 1991-2021, the Social Rule of Law in our country is a fallacy that needs to be transformed into reality by social actors to undertake the programmatic content of the constitution. To fulfill social needs, there are legalpolitical instruments such as the National Development Plan and the Multi-Year Budgets, which meet public policy to procure the improvement and quality of life of Colombians and show that the Social State of Law is not a simple constitutional formula.

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Borisov, O. V., Ye B. Zhulina, and T. M. Birshtein. "Constitutional diagram and collapse of grafted chain layers." Polymer Science U.S.S.R. 30, no. 4 (January 1988): 772–79. http://dx.doi.org/10.1016/0032-3950(88)90188-8.

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Ramzan, Muhammad. "Kwangju Incident and Role of the Judiciary in South Korea." GATR Global Journal of Business Social Sciences Review 5, no. 2 (April 16, 2017): 35–39. http://dx.doi.org/10.35609/gjbssr.2017.5.2(6).

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Objective - The Constitutional Court of South Korea ('the Court') is the guardian of the constitution and has jurisdiction to decide cases concerning potential violations of the constitution. In the Kwangju incident, innocent citizens were murdered and injured while they were protesting against the military government. Their demand was to be provided the basic rights which are granted by the constitution of South Korea, as well as seeking democracy in the country. This paper analyses the judgment of the Court and observations of the judges. Further, it discusses the effects of the judgment on legislation, as well as analysing the situation involved in deciding the case in which unconstitutional actions of the military government were declared inhumane. Methodology/Technique - The research reviews articles in related area. Findings - Through this judgement, the Court played a major role in strengthening the constitution and democracy, through the way in which it reached a conclusion in the Kwangju incident case. The Court suggested the legislator should introduce new legislation to remove the latches of the case. Novelty - The study intends to learn the effects of the judgement on South Korean legislation. Type of Paper - Review Keywords: Kwangju Incident; Special-Legislation; Justice System; Democratization Movement.

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Qvortrup, Matt. "The Logic of Constitutional Engineering: Institutional Design and Counterterrorism from Aristotle to Arend Lijphart." Studies in Conflict & Terrorism 41, no. 2 (February 2, 2017): 96–108. http://dx.doi.org/10.1080/1057610x.2016.1249779.

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Cripps. "The Art and Science of Genetic Modification: Re-Engineering Patent Law and Constitutional Orthodoxies." Indiana Journal of Global Legal Studies 11, no. 1 (2004): 1. http://dx.doi.org/10.2979/gls.2004.11.1.1.

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Cripps, Yvonne M. "The Art and Science of Genetic Modification: Re-Engineering Patent Law and Constitutional Orthodoxies." Indiana Journal of Global Legal Studies 11, no. 1 (2004): 1–30. http://dx.doi.org/10.1353/gls.2004.0003.

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Eiselt, Isabella, and Peter Slominski. "Sub-Constitutional Engineering: Negotiation, Content, and Legal Value of Interinstitutional Agreements in the EU." European Law Journal 12, no. 2 (March 2006): 209–25. http://dx.doi.org/10.1111/j.1468-0386.2006.00316.x.

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Vandeginste, Stef. "Legal Loopholes and the Politics of Executive Term Limits: Insights from Burundi." Africa Spectrum 51, no. 2 (August 2016): 39–63. http://dx.doi.org/10.1177/000203971605100203.

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The nomination of incumbent Pierre Nkurunziza to stand again for president in the 2015 national elections triggered a political and security crisis in Burundi. A crucial element in the controversy around his third term was the legality of his candidacy. This paper analyses how domestic and international actors responded to the legal loopholes that characterised Burundi's term-limit legislation. Three responses are distinguished. First, quite paradoxically, an argument was put forward by third-term supporters that stressed constitutional legality, a value usually invoked by third-term opponents. Second, a peace agreement was referred to as a source of legitimacy and as a legal norm. Third, a Constitutional Court ruling was invoked to address the legal loophole. Despite the apparent irrelevance of legal norms in an increasingly authoritarian environment, law significantly shaped the dynamics of the third-term debate and of the wider crisis. The Burundi case also illustrates the limitations of constitutional engineering of democratic governance.

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Mormann, Werner, Karl-Heinz Hellwich, Jiazhong Chen, and Edward S. Wilks. "Preferred names of constitutional units for use in structure-based names of polymers (IUPAC Recommendations 2016)." Pure and Applied Chemistry 89, no. 11 (October 26, 2017): 1695–736. http://dx.doi.org/10.1515/pac-2016-0502.

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AbstractA list of constitutional units (CU) used for naming polymers according to IUPAC nomenclature rules is provided. This list contains CUs of commercial and well-known polymers, as well as CUs which have been used in polymer-nomenclature-related IUPAC documents. A preferred name is provided for each constitutional unit. Other acceptable names and names which must not be used because they are outdated or incorrect, although they may have been correct in the past or in a different context, are also listed. A second table contains names of common polymers: structure-based, source-based, and retained traditional polymer names, as well as names that are not acceptable, again because they are outdated or incorrect. These tables supersede similar tables and names in previous documents. The rules given in those documents are still valid, but names of constitutional units should be checked for agreement with the present document. The preferred names of constitutional units should be used in structure-based names of regular and irregular polymers.

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Ternavska, V. M. "Interpretation of law as a form of implementation of the constitutional and legal policy of the state." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 323–28. http://dx.doi.org/10.33663/2524-017x-2021-12-54.

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The interpretation of law plays a special role in the process of legal communication. Subjects of law, entering into legal relations of a certain type, interpret the content of legal norms already at the subconscious level with the aim of better satisfying their subjective rights, realization of legitimate interests and the proper implementation of legal obligations. The rule of law has general and abstract character that permit to cover a large number of specific situations, but which always differ in their individuality, their personalized nature. Taking into account this, as well as the existing shortcomings of the rule-making process, such as the presence of the vast majority of blanket and reference norms in constitutional law and non-compliance with the rules of legal technique, resulting in difficulty of expression or lack of normative definition of special legal terms, there is a need for interpretation of legal acts. The article is devoted to determining the nature of the interpretation of law and its role in the implementation of the constitutional and legal policy of the state. Various methodological aspects of the concept of legal interpretation and techniques of interpretation of law, as well as the criteria of truth and correctness of interpretation of law in the process of learning the content of legal norms are studied. The ratio of the categories «legal interpretive policy» and «legal interpretive form of legal policy implementation» is analyzed. It is concluded that the state-authorized subjects of legal interpretation, based on legal doctrine, form a legal interpretive policy aimed at developing a strategy and tactics for unification of legal ideas on adequate and uniform understanding and application of norms of the Constitution of Ukraine and other legal acts by all subjects of constitutional law. The means of achieving the goals of legal interpretive policy and fulfilling its tasks are legal doctrine, legal interpretation technique, interpretive practice, information resources and legal interpretative acts. Legal interpretive policy gives grounds to single out legal interpretation as an independent form of implementation of constitutional and legal policy along with law enforcement form, which is important for proper protection of human rights and freedoms, development of civil society and principles of sovereignability of the Ukrainian state on the basis of their equal understanding and application. Keywords: interpretation of law, legal interpretative acts, legal interpretive technique, constitutional and legal policy, legal interpretive policy.

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ARSENI, Alexandru, and Veronica POZNEACOVA. "The Concept of Sovereignty in the Political Philosophy – From Antiquity to the Contemporary Epoch." Humanities and Social Science Research 4, no. 3 (August 4, 2021): p1. http://dx.doi.org/10.30560/hssr.v4n3p1.

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The concept of state power represents the dominant theme of the whole political philosophy. The concept of sovereignty, which in contemporary epoch became the norm of constitutional law and unanimously recognized principle of international law, has concerned philosophical minds since antiquity to nowadays. The best minds of humanity contemplated about the essence of the state power. The major thinkers of all times were finding out the answer to the question “How should be organized the state so that all people to be happy?” The answer to this question is connected with the concept of sovereignty, which was developed during the humanity’s history. The idea of sovereignty refers to the state body or the person who exercises state power. So, for each epoch is characteristic its own vision of this concept, that reflects, on the one hand, the entire structure of society, and, on the other hand, the state’s ruler position. The sovereignty, which appeared as the concept in the Greek Antiquity, was developed in the Meddle Age and Modern Era and fully formed in the contemporary era, being the component part of majority national constitutions. This article is a study dedicated to determining the specific aspects of sovereignty in the background of the idea’s history. A doctrinal and practical interest in the concept of sovereignty is based on the political and legal dimension of this notion in the actual state construction. As a result of this research, we aimed to determine the role and the regulation of sovereignty in the cotemporaneous state order at national and international level. This research paper focuses on the presentation of the philosophical aspects of this concept of constitutional law.

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Anderson, Richard N. M. "Adjudication in the United Kingdom: Constitutional Implications." Journal of Professional Issues in Engineering Education and Practice 134, no. 3 (July 2008): 309–14. http://dx.doi.org/10.1061/(asce)1052-3928(2008)134:3(309).

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