Relevant bibliographies by topics / Mutual constitution

Academic literature on the topic 'Mutual constitution'

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Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Mutual constitution"

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Mutch, Alistair. "Concerns with "Mutual Constitution"." International Journal of Technology and Human Interaction 1, no. 3 (July 2005): 60–72. http://dx.doi.org/10.4018/jthi.2005070105.

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Safina, Svetlana B. "Development of Constitutional Laws of Republics in the Post-Soviet Period." Legal education and science 4 (May 10, 2018): 38–42. http://dx.doi.org/10.18572/1813-1190-2018-4-38-42.

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Purpose. Development analysis republic constitutional legislation in the Russian Federation, as well as special aspects of the structure and the content of the republic constitution in the post-Soviet period. Methodology: dialectical method, analysis and synthesis method, rather-legal method, technical legal method. Conclusions. In 1990s the great influence on the republic constitutional legislation has been made by adoption of the state sovereignty declaration and execution of an agreement with the Russian Federation delineation of jurisdiction and mutual power delegation. With regard to that by 2000 republic constitutions have been contained the great number of regulations contravene of federal constitution, hereinafter they have been corrected on the basis of the Russian Federation constitutional court decisions. Meantime the republic constitutional legislation characterizes constitutionality of the Russian Federation, reasonable variety and stability. Scientific and practical significance. There have been found out the main stages of the republic constitutional legislation development. There also have been specified the key facts that were influenced on the republic constitutional legislation content. And the development from the stages of formation to present day has been presented.
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Чиркин, Вениамин, and Vyeniamin CHirkin. "GLOBALIZATION AND THE BASIC CHANGES OF MODERN CONSTITUTIONS." Journal of Foreign Legislation and Comparative Law 2, no. 1 (March 16, 2016): 0. http://dx.doi.org/10.12737/18200.

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On the basis of a positive and contrasting comparison, as well as content analysis of new constitutions and fundamental amendments to them the changes in their content, which occur as a result of the modernization, integration and globalization are considered. Modernization and economic (in fact, the economic and political) integration of states leads to the creation of a new form of supranational public legal formation with a different quality of public authorities and supranational law (the most prominent example is the European Union), as globalization leads to the spread of the general regulations of constitutional development in new countries and peoples. The processes of internationalization of the constitutions, the new phenomenon of constitutional convergence, harmonization and antagonisms on a world scale are appeared. Constitutional globalization is seen as the most general direction of development of the constitutional law of the world countries. Modernization and economic integration of states often involves the adoption of the principal amendments to the Constitution, “the Basic Law”, or even the whole constitution in the Muslim fundamentalism countries, where such a document as the Constitution, previously was considered unacceptable and was replaced by the Quran and Sunnah. In the countries of totalitarian socialism the processes of convergence has occurred (on the aspects of regulation of economic relations), but there is no harmonization, there are antagonisms with the constitutional decision of the basic questions of social and political system. In the states — members of the European Union the traditional position of the State Sovereignty is revised, new views on the national and supranational authorities are appeared. The mutual influence of international, supranational (so far only in the EU) and constitutional law takes place.
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Styhre, Alexander, and Rebecka Arman. "The mutual constitution of legal environments and practices." Qualitative Research in Organizations and Management: An International Journal 10, no. 2 (June 8, 2015): 153–74. http://dx.doi.org/10.1108/qrom-03-2014-1211.

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Purpose – Institutional theorists treat law and regulations as external factors that is part of the organization’s environment. While institutional theory has been criticized for its inability to recognize the role of agents and to theorize agency, the growing literature on institutional work and institutional entrepreneurship, partially informed by and co-produced with practice theory, advances a more dynamic view of processes of institutionalization. In order to cope with legal and regulatory frameworks, constituting the legal environment of the organization, there are evidence of organizational responses in the form of bargaining, political negotiations, and decoupling of organizational units and processes. The purpose of this paper is to report how legal and regulatory frameworks both shape clinical practices while at the same time they are also informed by the activities and interests of professional communities and commercial clinics. Design/methodology/approach – This paper reports an empirical study of the Swedish-assisted conception industry and is based on a case study methodology including the use of interviews and formal documents and reports issues by governmental agencies. Findings – The empirical material demonstrates how scientists in reproductive medicine and clinicians regard the legal and regulatory framework as what ensures and reinforces the quality of the therapies. At the same time, they actively engage to modify the legal and regulatory framework in the case when they believe it would benefit the patients. The data reported presents one successful case of how PGD/PGS can be used to develop the efficacy of the therapy, and one unsuccessful case of regulatory change in the case of patient interest groups advocating a legalization of commercial gestational surrogacy. In the former case, scientific know-how and medicinal benefits served to “push” the new clinical practice, while in the latter case, the “demand-pull” of patient interest groups fails to get recognition in regulatory and policy-making quarters. Originality/value – The study contributes to the literature on agency in institutional theory (e.g. the emerging literature on institutional work) by emphasizing how legal and regulatory frameworks are in a constant process of being modified and negotiated in the face of novel technoscientific practices and social demands. More specifically, this process include many scientific, technological, economic, political and social relations and resources, making the legal environment of organizations what is the outcome from joint negotiations and agreements across organizational and professional boundaries.
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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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VANBERG, VIKTOR J. "Market and state: the perspective of constitutional political economy." Journal of Institutional Economics 1, no. 1 (May 27, 2005): 23–49. http://dx.doi.org/10.1017/s1744137405000032.

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The paper approaches the ‘market versus state’ issue from the perspective of constitutional political economy, a research program that has been advanced as a principal alternative to traditional welfare economics and its perspective on the relation between market and state. Constitutional political economy looks at market and state as different kinds of social arenas in which people may realize mutual gains from voluntary exchange and cooperation. The working properties of these arenas depend on their respective constitutions, i.e. the rules of the game that define the constraints under which individuals are allowed, in either arena, to pursue their interests. It is argued that ‘improving’ markets means to adopt and to maintain an economic constitution that enhances consumer sovereignty, and that ‘improvement’ in the political arena means to adopt and to maintain constitutional rules that enhance citizen sovereignty.
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Haibach, Georg. "The Mutual Recognition of Decisions in Civil and Commercial Matters in the European Union in the Light of the Full Faith and Credit Clause of the U.S. Constitution." Maastricht Journal of European and Comparative Law 10, no. 3 (September 2003): 291–300. http://dx.doi.org/10.1177/1023263x0301000304.

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In the conclusions of the European Council of Tampere and the Council Programme of Measures for Implementation of the Principle of Mutual Recognition of Decisions in Civil and Commercial Matters, the European Union approved the principle of mutual recognition of judicial decisions in order to remove barriers to the ‘free movement of judgments’. When the U.S. Constitution was drafted more than 200 years ago, the same problem had to be tackled. Article IV Section 1 of the Constitution was the solution found at the time. This article gives an overview over the state of play of the Community activities concerning the mutual recognition of decisions in civil and commercial matters, seen from the perspective of the U.S. Constitution.
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Jorba, Marta, and Maria Rodó-Zárate. "Beyond Mutual Constitution: The Properties Framework for Intersectionality Studies." Signs: Journal of Women in Culture and Society 45, no. 1 (September 2019): 175–200. http://dx.doi.org/10.1086/703499.

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Axford, Barrie. "Multi-Dimensionality, Mutual Constitution and the Nature of Systemness." ProtoSociology 20 (2004): 125–42. http://dx.doi.org/10.5840/protosociology2004208.

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Negretto, Gabriel L. "Constitution-making and institutional design. The transformations of presidentialism in Argentina." European Journal of Sociology 40, no. 2 (November 1999): 193–232. http://dx.doi.org/10.1017/s0003975600007451.

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This paper presents an analytical framework for the study of constitutional design from the point of view of the structure of interaction and mechanisms of institutional selection that affect the behavior and choices of the actors involved in a constitution-making process. This framework is used to explain the various limitations introduced to the powers of the President in the Argentine constitution of 1994. I argue that two levels of causation determined this reform. At the macro level, the limitation of presidential powers was the outcome of a distribution of political resources and a configuration of preferences among the actors that made possible the resolution of conflicts by means of compromise. At the micro level, the new set of institutions derived from the limited influence of the incumbent executive over constitutional design, the pluralism of the constituent assembly that approved the constitution, and the prevalence of bargaining as a mechanism of collective decision-making. Both levels of action facilitated a consensual constitution-making process from which emerged a powersharing structure that has the potential to lower the stakes of political competition for presidential office and create new rules of mutual trust between government and opposition.
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Dissertations / Theses on the topic "Mutual constitution"

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Brawer, Roberta. "Inflationary cosmology and horizon and flatness problems : the mutual constitution of explanation and questions." Thesis, Massachusetts Institute of Technology, 1995. http://hdl.handle.net/1721.1/38370.

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Fujioka, Taka. "Exploring mutual constitutions between management control systems and strategy." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.571668.

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Although previous literature has developed and refined Simons' levers of control framework by emphasising the interrelatedness of different control systems (e.g. Henri 2006, Tuomela 2005, Widener 2007), little evidence has been provided on how these control systems are used consistently without creating any disorders or complexities. Therefore, inspired by recent turn in management accounting (Ahrens & Chapman 2005, 2007, Chua 2007, Hansen & Mouritsen 2005) and strategy research (Jarzabkowski 2005, Johnson et al. 2003, Whittington 1996, 2006) to practice based theorising, this study aimed to contribute to 'theoretical refinement' (Keating 1995) of Simons' framework by exploring how Simons' four levers of control work in different capacities in crafting and implementing strategy. This longitudinal field study of a large Japanese supermarket chain was conducted to explore interface between MCS and strategy in the process of < strategising. More specifically, the thesis attempted to uncover the black box of the relationship between strategy and MCS.
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Dowsett, O. "'Rural restructuring' : a multi-scalar analysis of the Otago Central Rail Trail." Lincoln University, 2008. http://hdl.handle.net/10182/669.

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‘Rural restructuring’ has frequently been used to indicate the magnitude, and conceptualise the nature, of contemporary change in the countryside. Most notably, concern has focused upon the fundamental changes in economic and social organisation brought about by the increasing leverage of consumption-based activity as a path to rural development. By drawing on the relevant literature, however, I suggest in this thesis that the use of ‘rural restructuring’ as a conceptual framework has been inconsistent. The issue of scale is a case in point with scholars positioning their studies of rural change at varying levels of analysis. In response, I adopt Massey’s (2004) arguments about space and place to present an alternative model which considers ‘rural restructuring’ as a multi-scalar and mutually constitutive process. To explore the feasibility of approaching ‘rural restructuring’ in this way, the thesis focuses, in particular, upon the development of rural tourism at five different scales. These comprise the national scale (New Zealand), the regional scale (Central Otago), the sub-regional scale (the Otago Central Rail Trail), the business scale (five business case studies) and the individual scale (five entrepreneurial case studies). Reflecting the exploratory nature of the study and its multi-scalar approach, I use a number of qualitative research methods. These include interrogating the promotion of New Zealand and Central Otago as tourist destinations, cycling along the Otago Central Rail Trail, staying at accommodation businesses along the Rail Trail, and interviewing individual entrepreneurs about their experiences of business development. The analytical chapters of the thesis comprise an in-depth look at the promotion or experience of rural tourism development at each scale of analysis. Through identifying inter-scale consistencies and emphasising the reciprocal basis of such consistency, I present ‘rural restructuring’ as a multi-scalar and mutually constitutive process. Thus, I connect the national-scale targeting of the ‘interactive traveller’ to the promotion of Central Otago as a ‘World of Discovery’, before linking the development of the Otago Central Rail Trail to its regional context. I then investigate the nature of business development as intimately bound to the evolution of the Rail Trail, before finally tying these entrepreneurial creations to individual accounts of exhaustion and enjoyment that emerge from the operation of tourism businesses. The thesis ends by concluding that ‘rural restructuring’ can indeed be considered a multi-scalar and mutually constitutive process, worked out simultaneously at wide-ranging but interconnected levels of change.
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Ferreira, Doret Jr (Johanna Dorothea). "The making of the maker : a practice-based exploration into the process of signification as a mutually constitutive process for artist and artwork." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/20356.

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Thesis (MPhil)--Stellenbosch University, 2012.
ENGLISH ABSTRACT: This thesis is a practice-based investigation into the mutual coming into being of artist and artwork within the process of signification as described by Julia Kristeva. The investigation is done from an unstable subjective position and requires innovative research methodologies and a sustained close connection with the practice in order to accommodate the complexity inherent to the process. The exploration involves a closer look at the process of making of the work, the possible meaning embedded in the artworks and the impact on the maker of the work. The situated knowledge acquired through the praxis provides new insight supported by the theories of Julia Kristeva and others.
AFRIKAANSE OPSOMMING: Hierdie tesis is ’n praktykgebaseerde ondersoek na die wedersydse totstandkoming van kunstenaar en kunswerk binne die proses van signifikasie soos beskryf deur Julia Kristeva. Die ondersoek word gedoen vanuit ’n onstabiele subjektiewe posisie en vereis innoverende navorsingsmetodologieë en ’n volgehoue nóú verbintenis met die praktyk om voorsiening te maak vir die kompleksiteit inherent aan die proses. Die ontleding behels ’n verkenning van die werksproses, die moontlike betekenis verskuil binne die kunswerke en die impak op die maker van die werk. Die gesitueerde kennis wat uit die praxis voortspruit verskaf nuwe insigte, gesteun deur die teorieë van Julia Kristeva en ander.
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Pugliese, Yuri Sahione. "A assistência mútua em matéria penal e as penas vedadas no direito brasileiro." Universidade do Estado do Rio de Janeiro, 2013. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=6302.

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A criminalidade transnacional é um dos males da atualidade e tem seu crescimento associado à complexidade dos processos da globalização. Quão mais interligadas estão a economia, cultura e demais comunicações dos Estados, mais vulneráveis estão às ações criminosas. Diante desta constatação a comunidade internacional escolheu o Direito Penal Internacional como um dos instrumentos destinados a fazer frente a este problema contemporâneo. O DPI, como especialização do Direito Penal, atende às exigências da comunidade internacional, por ser constituído pelo binômio criminalização e instituições de repressão e por contemplar dois distintos referenciais, quais sejam o do observador nacional que vê a projeção de seu ordenamento jurídico para fora das fronteiras territoriais e a do observador internacional que vê a projeção das normas internacionais para dentro do território dos Estados. A importância do DPI para o combate ao crime se faz pela pluralidade de espécies de cooperação (administrativa e jurídica) e de formas, que vão desde as mais clássicas como a extradição, a carta rogatória e a homologação da sentença estrangeira às mais modernas como a transferência de presos e a assistência mútua. As formas mais clássicas da cooperação têm se mostrado pouco eficazes e muito burocráticas para alcançar os resultados pretendidos, principalmente pelas barreiras jurídicas impostas pelos Estados, A assistência mútua vai ao encontro das expectativas internacionais, por simplificar a tramitação dos pedidos, em razão da tramitação dos mesmos por Autoridades Centrais e não por vias diplomáticas, por reduzir as barreiras jurídicas, pois há a possibilidade de mitigação do princípio da identidade, a redução dos motivos de recusa e a desnecessidade de submeter ao crivo do Superior Tribunal de Justiça pedidos que notoriamente dispensam juízo de delibação. Embora a assistência mútua traga muitas vantagens para facilitar a persecução penal, o desprendimento às formalidades e às barreiras jurídicas não pode significar desapego às garantias materiais e processuais das pessoas que são os destinatários da ação estatal persecutória, em especial à garantia de não ter contra si aplicadas penas vedadas constitucionalmente (art. 5, XLVII da CF/88). Neste sentido torna-se necessário reconhecer a existência de uma obrigação de não fazer e não cooperar por parte dos Estados que possa ser invocada para obstar atos de cooperação que possam contribuir para a aplicação das penas vedadas.
The transnational criminality is one of the major problems of the present time and its growth is associated with the complexity in the processes of globalization. The more interconnect the economy, the culture and other means of communications of the State, more vulnerable they are to criminal actions. In face of this fact, the international community chose the International Criminal Law as one of the instruments developed to face this contemporary problem. The ICL, as a specialization of the Criminal Law, fulfills the demands of the international community because it is constituted by the binomial criminalization and repression institutions, and because it contemplates two different perspectives: that of the national observer who sees the projection of its own legal system to outside the territorial boundaries, and that of the international observer who see the projection of the international norms to the inside of the State territory. The importance of the ICL for the fight against crime is seen in a plurality of kinds of cooperation (administrative and judicial) and of methods which range from the most traditional ones, such as extradition, rogatory letters, recognition of foreign sentences, to the most modern ones, such as transfer of prisoners and mutual assistance. The most traditional methods of cooperation are proving themselves to be minimally efficient and excessively bureaucratic to achieve the expected result, specially due to the juridical barriers imposed by the States. The mutual assistance method, however, meets the international expectation because it simplifies the transaction of requests, since they are done by central authorities and not by diplomatic means, and also because it reduced the juridical barriers. The reduction in the juridical barriers happens because it is possible to mitigate the identity principle, to reduce the reasons for rejection and because it deems unnecessary to submit requests that notoriously bypass the approval of the brazilians Superior Court of Justice. Although the mutual assistance brings various advantages in facilitating the criminal persecution, in promoting formality detachment and in diminishing the juridical barriers, it cannot result in a dismissal of material and procedural warranties of those people who are the recipient of the persecutory state action, specially with respect to the warranty that prevents one to have a forbidden punishments applied against oneself (5 art., XLVII of the CF/88). Hence, the recognition of the existence of the obligation to not-do, and, from the side of the State, the existence of the obligation to not-cooperate are necessary, so that they can be invoked to prevent cooperation acts that can contribute to the application of forbidden punishments.
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Allsop, Geoffrey Charles. "Does the labour relations act unjustifiably limit the constitutional right of employees to freedom of assembly? Examining the constitutionality of the prohibition on purely political protest action and gatherings by off-duty employees over disputes of mutual interest." Master's thesis, Faculty of Law, 2019. https://hdl.handle.net/11427/31692.

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This thesis examines whether the Labour Relations Act 66 of 1995 (‘LRA’) justifiably limits the constitutional right to employees to freedom of assembly in accordance with s36(1) of the Constitution of the Republic of South Africa, 1996 (‘the Constitution’). This question is considered in two broad parts. The first part demonstrates two limitations. First, the inability of s77 of the LRA to provide legislative protection to employees who wish to embark on socioeconomic protest action over a purely political issue. Second, the LRA’s prohibition on off-duty employees utilising the Regulation of Gatherings Act 205 of 1993 (‘RGA’) to demonstrate against their employer over a dispute of mutual interest. While no court has yet considered if the LRA prohibits purely political protest action, the Labour Appeal Court in ADT Security v NASUWU 2015 (36) ILJ 152 (LAC) (‘ADT Security’) held that is unlawful for off-duty employees to demonstrate over a dispute of mutual interest under the RGA. The first part begins by establishing how the LRA’s statutory definition of protest action cannot, in its current form, protect purely political protest and how this limits the constitutional right of employees to free assembly. Similarly, it explains how ADT Security clearly establishes that the LRA limits the constitutional right of employees to freedom of assembly by infringing their constitutional right to assemble and demonstrate in compliance with the RGA. The second part tests both limitations against s36(1) of the Constitution, the limitation clause, to assess if either infringement justifiably limits the constitutional right of employees to freedom of assembly, enshrined in s17 of the Bill of Rights. Considering the factors in s36(1)(a)-(e) of the Constitution, and other relevant factors, it examines if the purpose and reasons for either limitation are sufficiently compelling so as to be reasonable and justifiable. It concludes by arguing both limitations unjustifiably limit the constitutional right of employees to free assembly. Two recommendations are made. First, that the LRA be amended to expressly permit employees to demonstrate over disputes of mutual interest, in compliance with the RGA, in certain circumstances. Second, that the LRA be amended to expressly permit purely political protest action, provided the protest action is limited in scope and duration and subject to oversight by the Labour Court.
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Oliveira, Sealtiel Duarte de. "A objetiva??o do controle concreto de constitucionalidade nas decis?es do Supremo Tribunal Federal." Universidade Federal do Rio Grande do Norte, 2013. http://repositorio.ufrn.br:8080/jspui/handle/123456789/13985.

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Made available in DSpace on 2014-12-17T14:27:27Z (GMT). No. of bitstreams: 1 SealtielDO_DISSERT.pdf: 3399268 bytes, checksum: 1a83565dd029a077e85e5685d4a39607 (MD5) Previous issue date: 2013-08-30
The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional
A independ?ncia dos Estados Unidos e as revolu??es surgidas na Europa no s?culo XVIII propiciaram o nascimento da Constitui??o escrita, com a miss?o de limitar o poder do Estado e assegurar direitos fundamentais aos cidad?os. Assim, a Constitui??o tornou-se a norma fundante e suprema do Estado. Em raz?o dessa superioridade sentiu-se a necessidade de proteg?-la, surgindo a partir da? a jurisdi??o constitucional, tendo no controle de constitucionalidade de normas o seu principal instrumento. No Brasil, o controle de constitucionalidade iniciou-se com a Constitui??o de 1891, quando se importou o modelo americano, que recebeu o nome de modelo difuso incidental de controle de constitucionalidade. Com efeito, permitiu-se que qualquer juiz ou tribunal poderia declarar a inconstitucionalidade de lei ou ato normativo em um caso concreto. Entretanto, o constituinte brasileiro n?o trouxe dos Estados Unidos o instituto do stare decisis, atrav?s do qual os precedentes dos ?rg?os judiciais superiores acabam por vincular os inferiores. Em raz?o dessa aus?ncia, cada juiz ou tribunal brasileiro decidia livremente a respeito da constitucionalidade de norma, de tal maneira que a decis?o s? produzia efeitos entre as parte do lit?gio. Isso levou o surgimento de decis?es contradit?rias entre os ?rg?os judicantes, o que acabou por abalar a seguran?a jur?dica e a imagem do Judici?rio. Como sa?da para o problema, incorporou-se a partir da Constitui??o de 1934 a regra segundo a qual o Senado poderia suspender a lei declarada inconstitucional pelo Supremo Tribunal Federal. Com a introdu??o do controle abstrato de constitucionalidade, a partir de 1965, o Supremo Tribunal Federal passou a ter, tamb?m, o poder de declarar a invalidade da norma inconstitucional, com efic?cia contra todos, sem a necessidade de participa??o do Senado. Por?m, permaneceu a concep??o de que na hip?tese de o Supremo Tribunal Federal declarar a inconstitucionalidade de lei atrav?s do controle difuso o Senado continuaria com a compet?ncia de suspender a lei inconstitucional, ficando a decis?o do Pret?rio Excelso restrito ?s partes. A Constitui??o de 1988 fortaleceu o controle abstrato ampliando os legitimados da A??o Direta de Inconstitucionalidade e criando novos mecanismos de controle abstrato. Somando-se a isso, a Emenda Constitucional n.? 45/2004 trouxe o requisito da repercuss?o geral e introduziu o instituto da S?mula Vinculante, ambos para serem aplicados pelo Supremo Tribunal Federal nos julgamentos dos casos concretos, provocando consequentemente uma aproxima??o entre os controles abstrato e concreto de constitucionalidade. Enxergou-se destarte que o Supremo Tribunal Federal, como guardi?o da Constitui??o, deveria ter a sua atua??o pautada para o julgamento de quest?es de interesse p?blico. Nesta nova realidade ? desnecess?ria a participa??o do Senado para que a lei declarada inconstitucional no controle difuso pelo Supremo Tribunal Federal possa alcan?ar a todos, pois, tal interpreta??o tornou-se obsoleta. Por conseguinte, para adequ?-la a essa realidade, tal regra deve ser lida no sentido de que o Senado dar? publicidade ? lei declarada inconstitucional pelo Supremo Tribunal Federal, vez que sofreu muta??o constitucional
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Guiresse, Marguerite. "Le principe juridique de confiance mutuelle entre États membres en droit de l’Union européenne." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2074.

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Le principe juridique de confiance mutuelle entre États membres existe, je l’ai rencontré », serait-on tenté d’écrire. L’étude matérielle du droit de l’UE révèle de solides fondations juridiques tandis que l’extraction et l’analyse de l’objet, sans équivalent en droit national ou international, révèlent sa valeur juridique propre et indéniable. À travers la preuve de sa nature juridique, l’ingénieuse construction de droit de l’UE qu’est le principe de confiance mutuelle apparaît. Elevée au rang de principe existentiel et constitutionnel par la Cour de Justice de l’Union Européenne (CJUE), la confiance mutuelle conditionne le fonctionnement, voire même l'autonomie de l’ordre juridique de l'Union. L’examen révèle ses effets juridiques limités et encadrés. Il reste néanmoins un principe indépassable. Il constitue un véritable enjeu pour la triple légitimité de l’Union s’articulant autour de l’efficacité de la construction, du respect de la protection des droits fondamentaux et de la reconnaissance de la place majeure donnée aux États membres. En soulignant la fragilité de l’UE, le principe peut également apparaitre comme une faiblesse inhérente de l’Union. L’analyse du système de la construction européenne à la lumière du principe permet non seulement d’éclairer les failles de l’un et l’autre mais également d’aborder d’une manière originale des questions relatives à la nature ou l’avenir de l’Union
The legal principle of mutual trust between Member States exists, I have encountered it many times ", one would be tempted to write. The study of EU law reveals the principle’s solid legal foundations while the extraction and analysis of the object reveals its own undeniable legal value. It has no equivalent in national, international, or European union law. Through the proof of its legal nature, the ingenious construction of EU law that the principle of mutual trust is appears. Raised to the rank of an existential and constitutional principle by the Court of Justice of the European Union (CJEU), mutual trust conditions the functioning and the autonomy of the EU's legal order. Its examination reveals its limits and limited legal effects. Nevertheless, it remains an unsurpassable principle. It constitutes a real issue for the threefold legitimacy of the Union. By underlining the fragility of the EU, it may appear to be an inherent weakness of the Union. By analysing the system of European integration in light of the principle, it is possible to shed light on the shortcomings of both. It also provides an original approach to questions relating to the nature of the EU
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Ross, Alexander John. "A glorious and salutiferous Œconomy ...? : an ecclesiological enquiry into metropolitical authority and provincial polity in the Anglican Communion." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/284907.

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For at least the past two decades, international Anglicanism has been gripped by a crisis of identity: what is to be the dynamic between autonomy and interdependence? Where is authority to be located? How might the local relate to the international? How are the variously diverse national churches to be held together 'in communion'? These questions have prompted an explosion of interest in Anglican ecclesiology within both the church and academy, with particular emphasis exploring the nature of episcopacy, synodical government, liturgy and belief, and common principles of canon law. However, one aspect of Anglican ecclesiology which has received little attention is the place of provincial polity and metropolitical authority across the Communion. Yet, this is a critical area of concern for Anglican ecclesiology as it directly addresses questions of authority, interdependence and catholicity. However, since at least the twentieth century, provincial polity has largely been eclipsed by, and confused with, the emergence of a dominant 'national church' polity. This confusion has become so prevalent that the word 'province' itself is used interchangeably and imprecisely to mean both an ecclesial province in its strict sense and one of the 39 'member- churches' which formally constitute the Anglican Communion, with a handful of 'extra-provincial' exceptions. The purpose of this research project is to untangle this confusion and to give a thorough account of the development of provincial polity and metropolitical authority within the Communion, tracing the historical origins of the contemporary status quo. The scope of this task is not in any way intended to be a comprehensive history of the emergence of international Anglicanism, but rather to narrowly chart the development of this particular unit of ecclesial polity, the province, through this broader narrative. The historical work of Part One in itself represents an important new contribution to Anglican Studies; however, the project aims to go further in Parts Two and Three to identify from this context key questions concerning the problems facing contemporary Anglican polity as the basis for further theological and ecclesiological reflection. Part Two examines how provincial polity has given way to an assumption of the 'national church' as the building block of the Communion. To what extent is it consonant with Anglican tradition? How is it problematic? What tensions exist with a more traditional understanding of the province? How might all this relate to wider political understandings and critiques of the 'nation- state' in an increasingly globalised world? Along with the emergence of a 'national church' ecclesiology, so too has the role of the 'Primates' been magnified. Part Three charts this development, culminating in a critique of the recent 2016 Primates' Meeting. What is the nature of primacy within Anglicanism and how does it relate to metropolitical authority? What is the right balance of honour and authority as it relates to primacy? How do Anglican understandings of primacy correspond to those of the Roman and Orthodox Communions? Finally, Part Four attempts to give some concrete focus to the preceding discussion through the illustrative example of the Anglican Church of Australia, which is frequently cited as being analogous to the Communion in having a loose federal system and resolutely autonomous dioceses. The prevalence of this 'diocesanism' has recently been criticised by the Royal Commission into Institutional Responses to Child Sexual Abuse. However, there has been a recent revival of provincial action within the Province of Victoria in response to these issues which will be evaluated to discern what the Australian example might offer toward a theologically robust and credible ecclesiology for Anglicanism into the twenty-first century.
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Achuo, George. "Partner satisfaction and renewal likelihood in consumer supported agriculture (CSA) : a case study of The Equiterre CSA network." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19555.

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Books on the topic "Mutual constitution"

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Saint John Firemen's Mutual Relief Association. Bye-laws and constitution of the St. John Firemen's Mutual Relief Association. [Saint John, N.B.?: s.n., 1986.

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Acadia Mines Athletic and Mutual Improvement Association. Constitution and by-laws of the Acadia Mines Athletic and Mutual Improvement Association. Halifax, N.S: Knight, 1987.

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Anglo-African Mutual Improvement and Aid Association of Nova Scotia. Constitution and by-laws of the Anglo-African Mutual Improvement and Aid Association of Nova Scotia. [Halifax, N.S.?: s.n., 1987.

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Potential congressional responses to the Supreme Court's decision in State Farm Mutual Automobile Ins. v. Cambell: Checking and balancing punitive damages : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, first session, September 23, 2003. Washington: U.S. G.P.O., 2003.

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Poland. The Constitutional Act of 17th October, 1992: On the mutual relations between the legislative and executive institutions of the Republic of Poland and on local self-government (Journal of Laws of the Republic of Poland of 23rd November, 1992, No. 84, item 426) : with constitutional provisions continued in force. 2nd ed. Warsaw: Sejm Pub. Office, 1993.

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Association catholique de secours mutuel. Acte de constitution, statuts et règlements du Conseil suprême, des Grands Conseils et des Succursales de l'Association catholique de secour mutuel ... Ottawa: Conseil suprême, 1993.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Parimutuel sports licensing: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, on H.R. 2611 and H.R. 4458 ... April 28, 1988. Washington: U.S. G.P.O., 1989.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Parimutuel sports licensing: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, on H.R. 2611 and H.R. 4458 ... April 28, 1988. Washington: U.S. G.P.O., 1989.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Parimutuel sports licensing: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, on H.R. 2611 and H.R. 4458 ... April 28, 1988. Washington: U.S. G.P.O., 1989.

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Austria. Bankgesetze: Bankwesengesetz, Sparkassengesetz, Bausparkassengesetz, Investmentfondsgesetz, Beteiligungsfondsgesetz, Kapitalmarktgesetz : mit den Gesetzesmaterialen zum Finanzmarktanpassungsgesetz 1993. Wien: Springer, 1993.

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Book chapters on the topic "Mutual constitution"

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Pickering, Michael. "Relations of Mutual Constitution." In History, Experience and Cultural Studies, 161–207. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-25951-9_6.

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Demirsu, Ipek. "The Language of Lawmaking and Its Effects: Mutual Constitution of Discourse and Policy." In Counter-terrorism and the Prospects of Human Rights, 41–60. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-50802-3_3.

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Rasell, Jennifer. "Care as a Frame for Understanding the Mutual Constitution of State and Kinship." In Care of the State, 1–32. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-49484-1_1.

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Cigno, Alessandro, and Furio C. Rosati. "Mutual Interest, Self-enforcing Constitutions and Apparent Generosity." In The Economics of Reciprocity, Giving and Altruism, 226–47. London: Palgrave Macmillan UK, 2000. http://dx.doi.org/10.1007/978-1-349-62745-5_12.

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Benvindo, Juliano Zaiden. "When Procedures Towards Mutual Understanding Come to Light: Balancing Within the Context of Proceduralism." In On the Limits of Constitutional Adjudication, 243–329. Berlin, Heidelberg: Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-11434-2_6.

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Wiącek, Marcin. "Constitutional Crisis in Poland 2015–2016 in the Light of the Rule of Law Principle." In Defending Checks and Balances in EU Member States, 15–33. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_2.

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AbstractThis chapter concerns the constitutional crisis in Poland that began in 2015. It was triggered by appointing judges of the Constitutional Tribunal, by the outgoing Parliament, and then by re-appointing new judges for the same vacancies. Thus, the status of three judges elected by the previous Parliament and three judges elected by the current Parliament remains disputable.One of the crucial elements of the rule of law is the principle of legality. There are two aspects of this principle: the presumption of legality that covers all acts of state bodies; the revoking of this presumption may be performed only within procedures prescribed by the law. The law should indicate a state body competent to revoke the presumption of legality and define the legal effects of such revoking. If the law is incomplete, incoherent or imprecise in that scope—that may lead to legal and political crisis. Polish legislation and Constitution fail to comply with the said standard. This is one of the causes of the constitutional crisis in Poland.In a state governed by the rule of law state bodies should mutually respect their acts. State bodies should not treat acts or decisions issued by other state bodies as invalid or non-existent, unless it is declared within a procedure prescribed by the law. Otherwise, a legal chaos may occur. Courts are not empowered to evaluate the lawfulness of the Tribunal’s judgments. One of the crucial elements of the rule of law principle is the certainty of law.
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Dupré, Catherine. "The Rule of Law, Fair Trial and Human Dignity: The Protection of EU Values After LM." In Defending Checks and Balances in EU Member States, 431–42. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_17.

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AbstractThe 2018 CJEU ruling in LM highlighted the importance of judicial independence for the rule of law and protection of the right to fair trial. In so doing, the judgment raised problematic questions about the relationship between Article 2 values and the EU Charter rights, and their connection with mutual trust. This chapter considers these issues through the lens of human dignity, which is both the first foundational value under Article 2 and the first right in the EU Charter. By discussing how the LM judgment raises the constitutional status of the right to a fair trial, this chapter argues that a focus on human dignity could effectively link Article 2 values with EU Charter rights and facilitate assessment of their respective breach.
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Bonelli, Matteo. "Intermezzo in the Rule of Law Play: The Court of Justice’s LM Case." In Defending Checks and Balances in EU Member States, 455–76. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_19.

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AbstractIn the LM case, the CJEU was called to decide on whether systemic rule of law deficiencies in Poland could lead to the suspension of EU cooperation based on mutual trust, in particular under the European Arrest Warrant system. Building on its earlier decision in Aranyosi, the Court concluded that EAWs may be suspended only after the executing authority conducts a general analysis of the situation in the country concerned and an individual assessment of the specific situation of the applicant. For some, the decision was a disappointing one, as the Court failed to take a clear stance on the Polish constitutional crisis. This chapter argues, on the other hand, that the Court reached a balanced decision: while it is true that it confirmed the strict Aranyosi test, it also sent some key messages on the crucial importance of the rule of law and judicial independence for the EU and underlined the red lines of European constitutionalism. Furthermore, a different line of cases that originated from the groundbreaking decision of the Court in the ‘Portuguese judges’ case seems much more promising for the protection of EU values. Thus, rather than a constitutional moment for the Union, LM was ultimately an intermezzo between the two main acts of the rule of law play before the Court of Justice.
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Mattarella, Bernardo Giorgio. "Sentenza 238/2014: EU Law and EU Values." In Remedies against Immunity?, 209–13. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_10.

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AbstractThe relationship between Judgment 238/2014 of the Italian Constitutional Court and EU law is, at first glance, apparently weak, as the subject matter of the former is not governed by the latter, nor there have been any judgments from EU courts regarding the case. However, if one considers the origin and purpose of the EU itself and the state of relations between Italy and Germany, one cannot help but examine the case from a European law perspective. Judgment 238/2014 is relevant to European law in several ways, all of which concern not only military cooperation in the EU but also the protection of human rights, the risk of forum shopping and, above all, how reliable member states are in their mutual relations. European law in turn is relevant to the present case not so much because it offers solutions but because it shows a method for settling clashes between legal systems and illustrates its inherent difficulties. Sentenza 238/2014 is an unpersuasive judgment and can be criticized from different angles: the legal one (international and constitutional law), the factual reconstruction and the judgment’s likely effects. There are, however, two possibilities of resolving the situation that Sentenza has produced: firstly the legal one, which involves the use of all possible tools to limit its effects; and secondly the diplomatic one, which implies further negotiations. European law does not provide a ground for a preference between these two options, but it suggests that none of these ways is neglected.
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Mansoor, Nasir, Thomas Rudhof-Seibert, and Miriam Saage-Maaß. "Pakistan’s “Industrial 9/11”: Transnational Rights-Based Activism in the Garment Industry and Creating Space for Future Global Struggles." In Interdisciplinary Studies in Human Rights, 107–20. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_6.

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AbstractThis chapter is based on an internal evaluation of the of the 2012–2019 cooperation between the Pakistani National Trade Union Federation (NTUF), the German humanitarian organisation medico international, and the Berlin-based European Center for Constitutional and Human Rights (ECCHR). Written from a first-person perspective by three members of these organisations, it offers invaluable insights into the internal coordination and strategic deliberations of the partners’ evolving transnational efforts to hold the German retail company KiK and Italian social auditing firm RINA to account on behalf of the survivors and victims’ families of the 2012 Ali Enterprises factory fire. The authors elaborate on the multi-dimensional effects and aftermath of the Ali Enterprises tragedy, and recount the lessons learned from their different perspectives as trade unionists, activists, and lawyers based in both Pakistan and Germany. On this basis, the chapter then maps additional possible avenues for supporting the transnational struggles of workers around the globe. All in all, it offers rich insights into the experiences and complex debates ongoing amongst the authors and their organisations on how to develop common positions and further enhance their mutual understanding in order to collectively imagine and work towards transformative political goals.
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Conference papers on the topic "Mutual constitution"

1

Prior, Julia, Toni Robertson, and John Leaney. "Situated Software Development: Work Practice and Infrastructure Are Mutually Constitutive." In 2008 19th Australian Conference on Software Engineering ASWEC. IEEE, 2008. http://dx.doi.org/10.1109/aswec.2008.4483204.

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Salavatian, M., and L. V. Smith. "Shear Modulus Degradation in Fiber Reinforced Laminates." In ASME 2013 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/imece2013-63035.

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Matrix damage, involving transverse and shear cracks, is a common failure mode for composite structures, yet little is known concerning their interaction. A modified Iosipescu coupon is proposed to study the evolution of the shear and transverse damage and their mutual effects. The layup and coupon geometry were selected in a way that controls the severity of the damage and allows the measurement of shear and transverse stiffness degradation directly. The results were compared to material degradation models where damage was dominated by matrix failure. While positive agreement was generally observed in the transverse direction, no model was able to predict the observed shear damage. A new elasticity solution was, therefore, proposed for the shear stress-strain field of a transversely cracked laminate. The approach used a classical shear lag theory with friction applied to the crack surfaces. Using the constitutive relations, the shear modulus reduction was found as a function of crack density, and showed good agreement with experimental measures.
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Kee, Kerk F. "Three critical matters in big data projects for e-science: Different user groups, the mutually constitutive perspective, and virtual organizational capacity." In 2015 IEEE International Conference on Big Data (Big Data). IEEE, 2015. http://dx.doi.org/10.1109/bigdata.2015.7363991.

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