Journal articles on the topic 'Mutual constitution'
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1
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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Jiménez, Luis Arroyo. "Mutual Recognition in the Spanish Multi-level Administrative State." Review of European Administrative Law 13, no. 3 (October 15, 2020): 159–82. http://dx.doi.org/10.7590/187479820x16007576818889.
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Mutual recognition is a shorthand for the obligation of authorities of jurisdiction A to give effect to legal rules or acts passed by authorities of jurisdiction B. Thus, mutual recognition gives rise to cross-border effects of general or individual decisions. Such an obligation can arise from an agreement reached by those jurisdictions, or from a higher law that imposes it upon them. In this paper, I explore the role of mutual recognition between Spanish autonomous regions. The case of Spain is interesting from a comparative standpoint because regions enjoy important competences in the field of market regulation, the implementation of which can create risks in terms of market integration. These risks have traditionally been managed with the principles of cooperation and market unity. In 2013, the Spanish Parliament decided to go beyond that and passed a law establishing a region of origin rule. This was subsequently declared unconstitutional by the Constitutional Court, by virtue of the principle of regional autonomy under Article 2 of the Spanish Constitution. The story of Spain shows the scope, limits and constitutional problems of mutual recognition in a multilevel administrative State.
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Rizwan, Muhammad, Manzoor Ahmad, and Syed Asif Anwar Bukhari. "Constitutional Dilemma of Pakistan: 1947 -1956." Global Legal Studies Review III, no. I (December 30, 2018): 1–9. http://dx.doi.org/10.31703/glsr.2018(iii-i).01.
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Soon after its creation, Pakistan confronted many issues including refugee problem, scarcity of able political leadership, absence of mutual consensus between both wings of the country and confusing nature of the relationship between Islam and state etc. took almost nine years to frame the permanent constitution for Pakistan. Constitution, the basic document of a state, determines the shape of its laws, structure of governance and system of rights and duties. The effectiveness of a constitution is judged by its practicability in the given area where it is enforced by the state machinery. Although, all civilized states of the world do possess a constitution, yet a good constitution is one which must protect the basic human rights by ensuring the independence of judiciary. Due to countless hurdles at the beginning of its journey, Pakistan’s constitutional development in the right direction could not take place. The main objective of the present study is to provide deep insight into the events and factors causing a delay in the constitution-making for the newly created state of Pakistan. The various events which took place from 1947 to 1956 have been analyzed in a subtle way.
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Olofsson, Anna, Jens O. Zinn, Gabriele Griffin, Katarina Giritli Nygren, Andreas Cebulla, and Kelly Hannah-Moffat. "The mutual constitution of risk and inequalities: intersectional risk theory." Health, Risk & Society 16, no. 5 (July 4, 2014): 417–30. http://dx.doi.org/10.1080/13698575.2014.942258.
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Söderlund, Jonas, and Jörg Sydow. "Projects and institutions: towards understanding their mutual constitution and dynamics." International Journal of Project Management 37, no. 2 (February 2019): 259–68. http://dx.doi.org/10.1016/j.ijproman.2019.01.001.
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Arjomand, Saïd Amir. "The 1906-07 Iranian Constitution and the Constitutional Debate on Islam." Journal of Persianate Studies 5, no. 2 (2012): 152–74. http://dx.doi.org/10.1163/18747167-12341242.
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Abstract After a brief sketch of the historical background, the mutual impact of Islam and constitutionalism is examined by looking closely at the process of constitution-making in the broad context of the constitutional politics of Iran between 1905 and 1911. The modification of modern constitutional concepts under the impact of Shiʿi Islam and through its custodians in the course of the reception of Western constitutionalism in this period is followed by an analysis of the impact of modern political ideas on Islam. The analysis is based on the texts of the Fundamental Law of 1906 and its 1907 Supplement, and on the contemporary tracts for and against constitutionalism from opposite Islamic viewpoints. Our detailed examination of these sources indicates no presumption that a constitution had to be based on Islam. Nor was there any notion of ‘the Islamic state,’ the slogan of the Islamic revolution of 1979. For the constitutionalists and anti-constitutionalist pamphleteers of the first decade of the twentieth century alike, the counterpart to the constitutional government was not the Islamic state but the autocratic monarchy of ‘the king of Islam.’
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Maksimović, Nebojša. "State supervision over the local self-government in the Vidovdan Constitution." Zbornik radova Pravnog fakulteta Nis 60, no. 90 (2021): 207–23. http://dx.doi.org/10.5937/zrpfn0-32306.
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In the process of adopting the Vidovdan Constitution of the Kingdom of Serbs, Croats and Slovenes (1921), one of the topical issues was the form of supervision that the state government would exercise over the local self-government. In this article, the author first elaborates on the development of this constitutional document, with specific reference to the constitutional drafts proposed by the governments of Milenko Vesnić and Nikola Pašić, the amendments introduced by the Constitutional Committee, and the adoption of the constitution in the Constituent Assembly on 28 June 1921 (St. Vitus Day). The Vodovdan Constitution was the legal ground for adopting two important legislative acts in April 1922: the Law on General Administration and the Law on Regional and District Self-Governmnent. The author analyzes the constitutional and statutory provisions that regulated the legal position of state authorities in the administrative districts, counties and local self-government bodies, as well as their mutual relations. State supervision over the local self-government activities, primarily at the regional (district) level, has been observed in the context of state supervision over the administrative acts/ documents and local administrative bodies. In particular, the author focuses on the supervision over regional finances, considering not only the importance of these funds for the functioning of the regional self-government but also the restrictions which the regional government was exposed to. The aim of the research is to point out to the legal relations between the central (state) administration and local self-government in the Kingdom of Serbs, Croats and Slovenes, which were initially envisaged in the Vidovdan Constitution and subsequently instituted by the the 1922 Law on Regional and District Self-Government.
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Arianto, Aris, Afif Hasbullah, and Sholihan Sholihan. "MAKNA PERSETUJUAN BERSAMA DPR DAN PRESIDEN DALAM PEMBENTUKAN UNDANG-UNDANG." MIMBAR YUSTITIA 3, no. 1 (June 25, 2019): 44–59. http://dx.doi.org/10.52166/mimbar.v3i1.1843.
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The establishment of the Act must be approved by the President as stated in Article 20 of the 1945 Constitution paragraph (2). Interesting when Indonesia uses a presidential system with the separation of powers. However, in the formation of the Act involving the President. Article 20 paragraph (2) of the 1945 Constitution confirms the necessity of mutual agreement in the discussion and ratification of the Law. However, there are other assertions, namely that in Article 20 paragraph (5) of the 1945 Constitution, even without the President's signature, the Act can still be promulgated within 30 days of the Draft Law being discussed. Things like that can't just happen without a reason. Therefore, the writing of this study will look for the meaning of the agreement between the DPR and the President in the formation of the Law and how the legal politics of Article 20 paragraph (5) of the 1945 Constitution.
The writing of this study is focused on researching and searching for the meaning of mutual agreement and focusing on legal politics from Article 20 paragraph 5 of the 1945 Constitution. The research method in this writing is normative juridical. The results of the research can be concluded that the meaning of the joint agreement between the DPR and the President in the establishment of the Law is an agreement in determining the policy in the form of a Law which is a reflection of the principle of checks and balances. Legal politics Article 20 paragraph (5) of the 1945 Constitution is an affirmation of Article 20 paragraph (2) of the 1945 Constitution or can be called an affirmation of collective agreement.
The establishment of the Act must be approved by the President as stated in Article 20 of the 1945 Constitution paragraph (2). Interesting when Indonesia uses a presidential system with the separation of powers. However, in the formation of the Act involving the President. Article 20 paragraph (2) of the 1945 Constitution confirms the necessity of mutual agreement in the discussion and ratification of the Law. However, there are other assertions, namely that in Article 20 paragraph (5) of the 1945 Constitution, even without the President's signature, the Act can still be promulgated within 30 days of the Draft Law being discussed. Things like that can't just happen without a reason. Therefore, the writing of this study will look for the meaning of the agreement between the DPR and the President in the formation of the Law and how the legal politics of Article 20 paragraph (5) of the 1945 Constitution.
The writing of this study is focused on researching and searching for the meaning of mutual agreement and focusing on legal politics from Article 20 paragraph 5 of the 1945 Constitution. The research method in this writing is normative juridical. The results of the research can be concluded that the meaning of the joint agreement between the DPR and the President in the establishment of the Law is an agreement in determining the policy in the form of a Law which is a reflection of the principle of checks and balances. Legal politics Article 20 paragraph (5) of the 1945 Constitution is an affirmation of Article 20 paragraph (2) of the 1945 Constitution or can be called an affirmation of collective agreement.
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Şaramet, Oana. "EXECUTIVE POWERS IN RELATIONS WITH THE PARLIAMENT. PART I." Agora International Journal of Juridical Sciences 9, no. 4 (February 3, 2016): 69–77. http://dx.doi.org/10.15837/aijjs.v9i4.2322.
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By art. 1 para. (4), Romanian Constitution, republished, enshrined the principle of separation and balance of powers. Therefore, this principle implies the existence of collaboration but also of a mutual control between these powers, including between the legislative and executive power, thus being expressed the balance between these two powers. By constitutional established powers, the two central authorities of the executive power - the President of Romania and the Government - will participate at the observance and application of this principle, including by those duties they perform in their relations with the legislative power.
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Schwarze, Jürgen. "ENLARGEMENT, THE EUROPEAN CONSTITUTION, AND ADMINISTRATIVE LAW." International and Comparative Law Quarterly 53, no. 4 (October 2004): 969–84. http://dx.doi.org/10.1093/iclq/53.4.969.
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The subject of this article is the current state of administrative law in the context of the European integration. It will indicate the prospects for development of administrative law offered by the Convention on the Future of Europe, and its proposed European Constitution, as well as the enlargement of the EU which has taken place. The focus is on rules and general principles of European administrative law. They constitute the main sources of administrative law—written rules as well as unwritten judge-made law, and both the development of these sources and their mutual influence are subjects of the present article.
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Morgan, Bethan. "Organizing for digitalization through mutual constitution: the case of a design firm." Construction Management and Economics 37, no. 7 (January 11, 2019): 400–417. http://dx.doi.org/10.1080/01446193.2018.1538560.
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Babaeva, Parvana Bayram. "General nature of legal regulation of constitutional legal relations." SCIENTIFIC WORK 62, no. 01 (February 8, 2021): 147–50. http://dx.doi.org/10.36719/2663-4619/62/147-150.
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Summary Constitutional legal norms are general rules of compulsory behavior established or sanctioned by the state for the purpose of protection and regulation of certain public relations. There are implemented through specific rights and obligations and provided by the coercive force of the state. Constitutional legal norms are general rules of coercive behavior established by the state for the purpose of protecting and regulating certain social relations. These are legal norms implemented through certain rights and obligations and provided by the coercive force of the state. The content of constitutional legal relations reflects the mutual rights and obligations of the parties. These rights and responsibilities are closely related. Traditionally, the obligation of one party is considered to correspond to some right of the other party. Key words: constitution, legal relationship, general character, regulation, normative
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Yadrikhinskiy, S. A. "The Principle of Priority of Public Interests in Financial Activity of the State: In Search for a Compromise." Actual Problems of Russian Law 15, no. 1 (February 20, 2020): 62–71. http://dx.doi.org/10.17803/1994-1471.2020.110.1.062-071.
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The paper examines one of the key problems in financial relations, namely: how to ensure the balance between private and public interests as values protected under the Constitution. Taking into account the modern constitutional axiology (Article 2 of the Constitution of the Russian Federation), the principle of priority of public interests, which has already been settled in the doctrine, is subjected to critical analysis. The author concludes that the priority of public interest and its perception as a methodological framework, in fact, does not promote and even impedes the development of relationships in the system “a taxpayer — the State” based on the principles of open cooperation and trust. The priority of one interest over another does not comply with the requirement of their equilibrium. On the basis of the analysis of the practice of constitutional justice, the author concludes that it is necessary to shift the values and rethink the former statist scientific views. The author substantiates an egalitarian approach that takes into account both private and public interests as equally important legal values and provides for dialogue and mutual respect between the taxpayer and the state.
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Eastman, Susan Grove. "The Shadow Side of Second-Person Engagement: Sin in Paul's Letter to the Romans." European Journal for Philosophy of Religion 5, no. 4 (December 22, 2013): 125–44. http://dx.doi.org/10.24204/ejpr.v5i4.209.
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This paper explores the characteristics of debilitating versus beneficial intersubjective engagements, by discussing the role of sin in the relational constitution of the self in Paul’s letter to the romans. Paul narrates ‘sin’ as both a destructive holding environment and an interpersonal agent in a lethal embrace with human beings. The system of self-in-relation-to-sin is transactional, competitive, unidirectional, and domineering, operating implicitly within an economy of lack. Conversely, Paul’s account in romans of the divine action that moves persons into a new identity of self-in-relationship demonstrates genuinely second-personal qualities: it is loving, non-transactional, non- competitive, mutual, and constitutive of personal agency.
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Nainggolan, Mangido. "Eksistensi Penganut Agama Parmalim Dalam Negara Demokrasi Indonesia." Journal of Education, Humaniora and Social Sciences (JEHSS) 4, no. 1 (June 24, 2021): 494–502. http://dx.doi.org/10.34007/jehss.v4i1.686.
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Every belief system are strongly influenced by culture, owned by adherents of that belief. North Sumatra is one of the areas in Indonesia who uphold the values of democracy which has been formulated in Pancasila and the 1945 Constitution. Parmalim religion group is a movement of spiritual exercises that move to defend and uphold the values and custom of the ancient belief are endangered. This spiritual movemen develoved in batak lands at once became a political movement that unifies batak to oppose the Netherlands 1883 or seven year before death Sisingamangaraja XII. Its diversity of tribes and religions in Indonesia should be made into a pride and wealth of is priceless because it is part of the identity of the nation itself. The diversity of it would be so wonderful if it cansoexist with mutual respect, appreciate and uphold the values of unity, mutual respect and mutual building to manifest prosperity together, the presence of adherents tend to beabused and Parmalim marginalized should be eliminated as the embodiment and the recognition of Human Right as well as the preservation of the values of Pancasila in accordance with the constitution..
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Shapsugova, Marietta D. "Implementation of promoting inclusive and sustainable economic growth, employment, and decent work for all as the goal in the updated Constitution of the Russian Federation." LAPLAGE EM REVISTA 7, Extra-E (August 6, 2021): 488–96. http://dx.doi.org/10.24115/s2446-622020217extra-e1225p.488-496.
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The article analyzes the content of the new Article 75.1 of the Constitution of the Russian Federation through the prism of economic and political doctrines of solidarity based on the social division of labor, codependency, and mutual assistance. The relevance of the problem of social solidarity in the implementation of economic activity by citizens is due to the entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 "On improving the regulation of certain issues of the organization and functioning of public authorities." Concluded that Article 75.1, fixing new principles of balancing private and public interests based on mutual trust in society and the state, integrating the Russian economy into the global community based on universal principles of economic development set out in the Concept of Sustainable Development of the United Nations.
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Arnold, Rainer. "Loyalty in Constitutional Law – Some Reflections." Polish Law Review 2, no. 2 (December 30, 2016): 1–11. http://dx.doi.org/10.5604/01.3001.0009.8039.
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Rule of law requires a clear distribution of competences for the State institutions. Competence distribution is essential for separation of powers and hinders an antidemocratic accumulation of powers. The attribution of competences to State institutions by the Constitution regulates the reach, modality and procedure of the exercise of the competence. However, competences must be exercised in a way which is not detrimental to other institutions and the State as a whole. The inter-institutional obligation of mutual loyalty is a written or unwritten principle with high importance in European constitutionalism. The contribution treats with significant examples of this principle, as the “Organtreue” in the perspective of the German Federal Constitutional Court or the faithful cooperation principle in federal and regional systems. General aspects shall be pointed out which determine loyalty as a constitutional category.
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Zhao, Shanyang. "Constitution of Mutual Knowledge in Telecopresence: Updating Schutz’s Phenomenological Theory of the Lifeworld." Journal of Creative Communications 10, no. 2 (July 2015): 105–27. http://dx.doi.org/10.1177/0973258615597376.
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Michel, Alexandra. "The Mutual Constitution of Persons and Organizations: An Ontological Perspective on Organizational Change." Organization Science 25, no. 4 (August 2014): 1082–110. http://dx.doi.org/10.1287/orsc.2013.0887.
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Kim, Heewon. "The Mutual Constitution of Social Media Use and Status Hierarchies in Global Organizing." Management Communication Quarterly 32, no. 4 (June 6, 2018): 471–503. http://dx.doi.org/10.1177/0893318918779135.
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This study offers an in-depth account of the mutual constitution of technology use and status hierarchies in a global organization by investigating the use of enterprise social media (ESM). Analyses of individual interviews ( N = 32) and ESM posts ( N = 1,050) showed that (a) the visibility affordance was perceived and used differently by various status groups and (b) emerging patterns of ESM use contributed to the reproduction of status hierarchies. Specifically, increased communication visibility allowed dispersed workers to obtain previously unshared knowledge; however, the very same visibility also revealed knowledge disparities between different status groups, thereby sustaining status hierarchies. Thus, visibility, which has been traditionally linked to recognition, can be also conceived as a quality that highlights inequitable distribution of knowledge and status. This study advances our understanding of social status in global organizations by delineating how communicative practices, organizational structures, and technology use jointly constitute status hierarchies.
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Elwan, La Ode Muhammad. "Reconstrues Legislation: The Effectiveness of Presidential Veto in Government System in Indonesia Based on the State of The Republic of Indonesia 1945 Constitution." Halu Oleo Law Review 2, no. 2 (August 24, 2018): 429. http://dx.doi.org/10.33561/holrev.v2i2.4511.
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In the Indonesian Government System, the president is the supreme authority of the government under the 1945 Constitution of the State of the Republic of Indonesia. After 4 (four) amendments to the 1945 Constitution, the presidential power experienced a shift in function and role as a result of the magnitude of the flow of political interests, so that almost all the power of the president on the authority of legislation in the 1945 Constitution of the 1945 Constitution largely lacked a permanent legal power and formal juridical. We know that the substance of the authority of presidential legislation if based on the presidential system of government does not exist and is not given real space. Consequently, the president as the mandate of the people's sovereignty must be able to control the system of government even though the fact that there is dominance of the legislative institution to the presidential institution together with the cabinet that is the authority of presidential legislation in the constitution of the state 1945 Constitution has no law forces so that the wheel of development does not run normally -target is planned. The hope is that our country's constitution must be able to guarantee the principle of balance of authority and mutual supervision that governs the legislation of the president against the product of the law. Writing methodology based on the literature review contained in books, papers, newspapers, scientific articles, journals, and legislation as the object under study. The results of the study and analysis conclude: (1) The Veto of the President is not effective when reviewed in the constitutional document of the 1945 Constitution of the Republic of Indonesia; (2) The inconsistency of the Presidential Government System of Indonesia with the contents of the articles of the 1945 Constitution of the Republic of Indonesia; (3) it is recommended that the fifth amendment of the 1945 Constitution of the Republic of Indonesia and the revision of Law Number 12 Year 2011 on the Establishment of Legislation to be followed up by MPR RI and the President; (4) The Presidential Regulation in Lieu of Law, according to the authors must be absolutely given to the President without the intervention of the House of Representatives because the President as Head of State and has the Highest Government Authority under the 1945 Constitution between State Institutions.
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BAKER-HYTCH, MAX. "Mutual epistemic dependence and the demographic divine hiddenness problem." Religious Studies 52, no. 3 (August 20, 2015): 375–94. http://dx.doi.org/10.1017/s0034412515000359.
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AbstractIn his article ‘Divine hiddenness and the demographics of theism’ (Religious Studies, 42 (2006), 177–191) Stephen Maitzen develops a novel version of the atheistic argument from divine hiddenness according to which the lopsided distribution of theistic belief throughout the world's populations is much more to be expected given naturalism than given theism. I try to meet Maitzen's challenge by developing a theistic explanation for this lopsidedness. The explanation I offer appeals to various goods that are intimately connected with the human cognitive constitution, and in particular, with the way in which we depend upon social belief-forming practices for our acquisition of much of our knowledge about the world – features about us that God would value but that also make probable a lopsided distribution of theistic belief, or so I argue.
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Hülsse, Rainer. "From paradise to brand." Journal of Language and Politics 8, no. 1 (April 1, 2009): 112–35. http://dx.doi.org/10.1075/jlp.8.1.07hul.
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Metaphors construct social reality, including the actors which populate the social world. A considerable body of research has explored this reality-constituting role of metaphors, yet little attention has been paid to the attempts of social actors to influence the metaphorical structure by which they are constituted. The present article conceptualises the relationship between actor and metaphorical structure as one of mutual constitution. Empirically, it analyses how until the late 1990s Liechtenstein was constructed as an attractive financial centre by metaphors such as haven and paradise, how then a metaphorical shift constituted the country more negatively, before Liechtenstein finally fought back: with the help of the new brand-metaphor and also a professional image campaign the country tried to repair its international image.
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Bustamin, Bustamin, and Rony Jaya. "URGENSI CHECKS AND BALANCES KETATANEGARAAN INDONESIA DAN ISLAM." JURIS (Jurnal Ilmiah Syariah) 18, no. 2 (December 30, 2019): 221. http://dx.doi.org/10.31958/juris.v18i2.1740.
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The reform movement opened the door to implementation of the 1945 amendment to the constitution. The urgency of the Indonesian government's control system, which included the legislative, executive and judicial institutions, was quite a concern. This condition is based on the fact that during the Orde Baru the concept of the Trias Politica Montesquieu was castrated by the authorities. Unlike the case of the Islamic constitutional system, the concept of mutual control was much more familiar when Khulafaur Rasyidin Umar bin Khattab called six (six) high-ranking friends to find a replacement. This was later considered the first Syura Institute in Islamic history. The purpose of this paper is to recognize the urgency of checks and balances in the Indonesian government system and in the Islamic state administration. This article uses a library research method with a qualitative descriptive approach, which is then analyzed using the interactive analysis model of Miles, Huberman, and Saldana. The results show that following the amendment of the 1945 Constitution, the legislature, including the DPR and the DPD, has taken control of the executive and the Supreme Court and the Constitutional Court as a judicial body can control each other and establish a balance between these institutions. While the Islamic constitutional system in the Fiqh study of Siyasah was already familiar with the separation of powers and the separation of powers in the institutions of Tasyri'iyah, Tanfidziyah and Qada'iyah.
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Giritli Nygren, Katarina, Susanna Öhman, and Anna Olofsson. "Doing and undoing risk: the mutual constitution of risk and heteronormativity in contemporary society." Journal of Risk Research 20, no. 3 (October 2015): 418–32. http://dx.doi.org/10.1080/13669877.2015.1088056.
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Pickersgill, Martyn. "How personality became treatable: The mutual constitution of clinical knowledge and mental health law." Social Studies of Science 43, no. 1 (October 29, 2012): 30–53. http://dx.doi.org/10.1177/0306312712457722.
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Likhter, P. L. "The Model of the Constitution of Proportionate Development." Lex Russica, no. 5 (May 20, 2020): 18–28. http://dx.doi.org/10.17803/1729-5920.2020.162.5.018-028.
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The values of the consumer society have an impact on all fields of social relations. Currently, significant changes are taking place in trade, financial and credit, information, social, environmental and other fields.The purpose of the study is to analyze the current transformations from the point of view of interaction with constitutional and legal institutions, and to identify promising directions of their further formation. Particular attention is paid to the concept of sustainable development initiated at the end of the last century — a set of measures aimed at rational consumption of environmental resources, coordinated overcoming of social and economic crises for the benefit of not only present generation but also future generations. Methodologically, the paper is based on the methods of legal modeling and intersectoral analysis, formal-legal and system-structural methods. The formal-logical analysis of the current legislation and international instruments, as well as the method of monitoring enforcement allow us to assume legal approaches that significantly hinder sustainable progress in the environmental, economic and social fields.Following the results of the study, the author raises the question of the development of a model of the constitution of proportional development as a tool for counteracting the risks of the consumerist society. Taking into account the specifics of state and public institutions of Russia, the presented model provides economic, ecological, social, ethical and aesthetic components. Key issues of mutual influence of these subsystems concern new approaches to the catalog of constitutional and legal values, goals and principles.
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Poole, Thomas. "The Devil’s Account: Men, Morals, andConstitutional Goods." Canadian Journal of Law & Jurisprudence 22, no. 1 (January 2009): 113–33. http://dx.doi.org/10.1017/s0841820900004598.
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Constitutional Goods, a work of political theory presented as constitutional theory, foregrounds law. Law is central to itsmethod. The dialogic (or inclusive) theory developed in the book is based, we are told, on ‘a unity of elements found in actual case law.’ Law provides, then, much of the raw material on the basis of which the three conceptions of liberalism (libertarian, egalitarian and communitarian) are identified. And court cases are vital to the process of ‘sifting’ through which aspects of each conception that are of enduring value are identified and synthesized within a final ‘inclusive conception’ of the liberal constitution. Law is also centralsubstantively. It plays a role in the high moment of the theory—the mutual recognition of citizen and ethos—and permeates (and justifies) every mode of social and political interaction within the ideal political community thatConstitutional Goodspresents. State, community, and individual are wrapped up and enfolded within law (or, as Brudner prefers to style it, ‘the Law’) within the inclusive theory.
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Smorodina, O. S. "THEORETICAL AND LEGISLATIVE READING OF THE IDEA OF THE SOCIAL ACHE SOLIDARITY." Issues of Law 20, no. 2 (2020): 30–39. http://dx.doi.org/10.14529/pro-prava200204.
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The premise of writing the article is reflected that the process of development of the Russian State is based on the principles of social justice, mutual responsibility and universal solidarity. Solidarity is an indicator of the socio-economic, civilized and moral level of development of society. The terminology «economic, political and social solidarity» was proposed in the amendments to the Constitution in 2020 and firstly voiced. The purpose of the work is a theoretical analysis of this term with its historical retrospective, sociological, philosophical and legal thinking, as well as work with legislation, federal and regional, operating this concept even before it came as a proposal for reforming the Constitution of the Russian Federation.
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Anderson, Carl A. "Constitution and Family in the United States." Revue générale de droit 21, no. 4 (March 21, 2019): 651–68. http://dx.doi.org/10.7202/1058211ar.
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Decisions of the United States Supreme Court beginning with Griswold v. Connecticut (1965) have transformed family law in the United States. By characterizing the right to marry as a fundamental constitutional right and procreative decision-making as both a fundamental liberty interest and privacy right, the Court has “deregulated” the institutions of marriage and family. During this same period the Court’s approach to legal questions involving the rights of non-marital cohabitating couples as well as individual procreative decision-making has tended to blur legal distinctions between the family based upon marriage and other living arrangements. The widespread adoption of mutual consent and/or marital breakdown as grounds for the dissolution of marriage in the United States has significantly altered the social dynamics of marriage and further reduces distinctions between marriage and other living arrangements. However, recent decisions by the Court in Hardwick, Michael H., and Webster point to a change of direction in the Court’s view of privacy which may signal a willingness to tolerate greater community involvement in establishing protective regulation of the institutions of marriage and the family based upon it. The Court also appears to be in the process of significantly narrowing the constitutionally recognized right of privacy when viewed as a zone of autonomous decision-making for the individual or non-marital couple.
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Ping, Jiang. "Hu Shi and Wang Zaoshi: Mutual Support in the Struggle for Democracy and the Constitution." Chinese Studies in History 41, no. 4 (July 2008): 57–86. http://dx.doi.org/10.2753/csh0009-4633410402.
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Albar, Mawi Khusni. "CONFLICT RESOLUTION EDUCATION IN MEDINA CONSTITUTION: Contextual Exegesis of Medina Constitution." Al-Tahrir: Jurnal Pemikiran Islam 18, no. 2 (January 10, 2019): 347. http://dx.doi.org/10.21154/altahrir.v18i2.1382.
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Abstract: Conflict is an integral part and has a wide variety of types in all aspects of people's lives. This is the responsibility of education because of the potential it possesses to prevent conflicts. Therefore the education of conflict resolution is a suitable idea to resolve conflict issues. The Medina constitution is a monumental work in the history of human life that becomes the spirit of how to create a harmonious life amid diversity. The interpretational method of Medina Constitution is legal hermeneutics which has three meaning areas such as text, context, and contextualization of text meaning to the context. The underlying theory in this research is the theory of conflict resolution education which has three areas to handle conflicts, such as social contradiction changes with structural approaches, improvement of relationship behavior and social interaction, and encouragement of attitude change. The Medina Constitution has fundamental values in social life, namely: togetherness, unity, freedom, religious tolerance, mutual help, justice, equality of rights and obligations, social honor, national defense and peace, piety, amar ma'ruf nahi munkar, and leadership. The contextualization of principles in the Medina charter on conflict resolution education can be discovered relevantly in the following three aspects; structural, behavioral improvement, and attitudinal changes in social relations.الملخص: الصراع هو جزء لا يتجزأ من حياة الإنسان ويتخذ أشكالا مختلفة وهو يحدث في جميع جوانب حياة الناس. هذه هي مسؤولية للتربية ، لأن للتربية القدرة على منع النزاعات ، لذا فإن التثقيف في مجال حل النزاعات هو الفكرة الصحيحة لمعالجة مشكلة الصراع هذه. أما بالنسبة للروح المأخوذة من ميثاق المدينة التي هي عملاً ضاخما في تاريخ الحياة البشرية حول كيفية خلق حياة متناغمة في تنوع الاجتماعية . إن طريقة تفسير ميثاق المدينة هي التأويل القانوني الذي له ثلاثة جوانب من المعنى ، أي النص ، السياق ، و سياق معنى النص. النظرية الأساس لتطوير هذا البحث هي نظرية تربية حل النزاعات التي لها ثلاثة مجالات للتعامل مع الصراع ، وهي: التغيرات في التناقضات الاجتماعية مع المقاربات الهيكلية ، تحسين سلوك العلاقة والتفاعل الاجتماعي ، وتشجيع التغييرات في المواقف. يمتلك ميثاق المدينة مبادئ في الحياة الاجتماعية ، وهي: التعاون والوحدة والحرية والتسامح الديني ومساعدة الضعفاء والعدالة والمساواة في الحقوق والواجبات والاحترام الاجتماعي والدفاع عن الدولة والسلام والتقوى والامر بالمأروف ونهي عن المنكر والقيادة. أما فيما يتعلق بوضع المبادئ في ميثاق المدينة في مجال حل النزاعات ، فيمكن إيجازها في ثلاثة جوانب ، هي: المنهج الهيكلي ، السلوكي ، والتغيرات في المواقف في العلاقات الاجتماعية.Abstrak: Konflik merupakan bagian yang tidak terpisahkan dalam kehidupan manusia dan mengambil bentuk yang beraneka rupa dan hampir menyeluruh di segala aspek kehidupan masyarakat. Hal ini merupakan tanggung jawab pendidikan, karena pendidikan memiliki potensi untuk mencegah terjadinya konflik, maka pendidikan resolusi konflik merupakan gagasan yang tepat untuk menyikapi persoalan konflik ini. Adapun ruhnya diambil dari Kosntitusi Madinah yang merupakan karya monumental dalam sejarah kehidupan manusia tentang bagaimana menciptakan kehidupan yang harmonis di tengah keberagaman. Metode penafsiran Konstitusi Madinah adalah legal hermeneutika yang memiliki tiga wilayah pemaknaan, yaitu teks, konteks, dan kontekstualisasi dari makna teks terhadap konteks. Teori yang menjadi dasar pengembangan penelitian ini adalah teori pendidikan resolusi konflik yang mempunyai tiga wilayah penanganan konflik, yaitu perubahan kontradiksi sosial dengan pendekatan struktur, memperbaiki perilaku hubungan dan interaksi sosial, dan mendorong perubahan sikap. Konstitusi Madinah memiliki nilai-nilai mendasar dalam kehidupan sosial, yaitu kebersamaan, persatuan, kebebasan, toleransi beragama, tolong menolong dan membantu yang lemah, keadilan, persamaan hak dan kewajiban, hormoni sosial, bela negara dan perdamaian, kesalehan, amar ma’ruf nahi munkar, dan kepemimpinan. Adapun kontekstualisasi prinsip-prinsip dalam piagam Madinah dalam pendidikan resolusi konflik dapat ditemukan relevansinya dalam tiga aspek, yaitu struktural, perbaikan perilaku, dan perubahan sikap dalam hubungan sosial.
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Delbecke, Bram. "Gerechtelijke nationale cultuur en haar blinde vlek: de mercuriales en gelegenheidsredes van Charles Faider als procureur-generaal bij het Hof van Cassatie (1871–1885)." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 4 (2007): 363–94. http://dx.doi.org/10.1163/157181907782912435.
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AbstractThis article sketches the attitude of the Belgian liberal magistrate and politician Charles Faider towards the constitutional civil liberties and freedoms. One can discover an interesting paradox by comparing his opening speeches and his acts as a politician. In the speeches he gave as procureur-général at the Cour de cassation, Faider consequently emphasised the beneficiary effects of the liberal 1831 Belgian Constitution. In his discourse, the Belgian magistrates were the best guards of the splendid future of the nation, because they fully understood the age-old national tradition of civil liberties. However, as a politician, he did not hesitate to limit the constitutional rights and liberties. Due to the political pressure of Napoleon III, he limited the freedom of the press by outlawing insulting foreign heads of state. The gap between his discourse and his practice is the perfect expression of an interesting paradox: in the 19th-century Belgian nation state, liberty and national identity profoundly influenced each other, but at the same time restricted their mutual possibilities, because the overall image of a free but responsable nation had to be maintained.
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Blokker, Paul. "Populism as a constitutional project." International Journal of Constitutional Law 17, no. 2 (April 2019): 536–53. http://dx.doi.org/10.1093/icon/moz028.
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Abstract The engagement of conservative, populist governments with constitutional reform and constitution-making is perceived as a significant threat to the rule of law and democracy within the European Union. Constitutionalists often assume a relation of mutual exclusion between populism and constitutionalism. In contrast, I argue that while populism ought to be understood as a rejection of liberal constitutionalism, it equally constitutes a competing political force regarding the definition of constitutional democracy. The article first discusses populist constitutionalism in the context of the two, main modern constitutional traditions: the modernist and the revolutionary ones. Second, I discuss the populist critique of liberal constitutionalism, with a central focus on the recent cases of right-wing populism in power in East-Central Europe. Four dimensions are prominent: (i) popular sovereignty as the key justificatory claim of populism; (ii) majority rule as the main populist mode of government; (iii) instrumentalism as the legal–practical approach of populists; and (iv) legal resentment as the populists’ main attitude toward public law. In conclusion, I argue that while the populist critique of liberal constitutionalism provides significant insights into structural problems of liberal democracy, populist constitutionalism ultimately fails to live up to its own democratic promise.
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Nin Márquez, Mara Inés. "The Development of the Self Through the “Gift of the Self” or the Mutual Recognition." Journal for Perspectives of Economic Political and Social Integration 19, no. 1-2 (July 17, 2014): 143–53. http://dx.doi.org/10.2478/v10241-012-0012-8.
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Abstract Human identity is a complex process linked to the subject and his environment, both constantly evolving. Personality is developed and changed throughout lifetime, but it has a core that remains constant. Thus a person can secure his continuity; he recognizes himself and is recognized by the others as time goes by. In fact, we are all the same, even after experiencing changes and years later. The constitution of the other and the self are – from the phenomenological point of view – two components of the same process, which is the origin of the subjectivity of self and the objectivity of me. These are conditions for the identity’s construction, a continuous process that takes place throughout time. (Ballerini, 2005) Human tendency to the community emerges with priority from the above definition. That deep desire of being part of a social group interprets others as constituent of the identity of the self. (Pulcini, 2002) “Having an identity” actually means not only a set of characteristics noticed by ourselves after actions done or the “image” of us, but also to be recognized by the rest of society. (Andrea, 2004) Therefore, community turns out in the ultimate horizon that responds to an individual’s recognition need. The recognition of self by me is linked to the issue of the recognition of self through the other until mutual recognition as reciprocal act is reached. (Ricoeur, 2005) Hence, “gift” becomes an emblem of mutual recognition, highlighting the relational and inter-subjective structure of the person. The identity development goes through the mutual recognition experience and gift. (Castiglioni, 2008) Somebody who gives himself recognizes the others and simultaneously, participates in his constitution and his self-understanding.
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Mickey, Sam. "Contributions to Anthropocosmic Environmental Ethics." Worldviews: Global Religions, Culture, and Ecology 11, no. 2 (2007): 226–47. http://dx.doi.org/10.1163/156853507x204941.
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AbstractThis essay is an articulation of various contributions to anthropocosmic environmental ethics—an approach to environmental ethics emerging within the study of religion and ecology. In an anthropocosmic approach to environmental ethics, humans are intimately intertwined with the environment. Rather than placing value on a particular center (e. g., anthropocentric, biocentric, ecocentric) and thus excluding and marginalizing something of peripheral value, an anthropocosmic approach to ethics seeks to facilitate the mutual implication of humanity and the natural world, thereby affirming the interconnectedness and mutual constitution of central and peripheral value. Although the adjective "anthropocosmic" may seem obscure or vague, an examination of the genealogy of the term, beginning with its appearance in the works of Mircea Eliade, discloses numerous resources that have important contributions to make to the development of viable environmental ethics.
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Arrington, Celeste L. "The Mutual Constitution of the Abductions and North Korean Human Rights Issues in Japan and Internationally." Pacific Affairs 91, no. 3 (September 1, 2018): 471–97. http://dx.doi.org/10.5509/2018923471.
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Leonardi, Paul M. "Crossing the Implementation Line: The Mutual Constitution of Technology and Organizing Across Development and Use Activities." Communication Theory 19, no. 3 (August 2009): 278–310. http://dx.doi.org/10.1111/j.1468-2885.2009.01344.x.
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Reitmanova, Sylvia, and Diana L. Gustafson. "Exploring the Mutual Constitution of Racializing and Medicalizing Discourses of Immigrant Tuberculosis in the Canadian Press." Qualitative Health Research 22, no. 7 (March 16, 2012): 911–20. http://dx.doi.org/10.1177/1049732312441087.
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Fylypovych, Liudmyla O. "Spiritual education in the context of the formation of state-church relations." Ukrainian Religious Studies, no. 70 (May 28, 2014): 61–65. http://dx.doi.org/10.32420/2014.70.407.
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The democratic transformations that have taken place in our country since independence have laid the foundations for new state-church relations. The relations between the state and the Church in this situation have acquired fundamentally new qualities, which, unlike the past, are characterized by a generally stable partnership, mutual respect and cooperation. Such relations are enshrined in the Constitution of Ukraine, the Law of Ukraine "On Freedom of Conscience and Religious Organizations", other legislative acts and international legal agreements.
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Schwartz-Marin, Ernesto, and Arely Cruz-Santiago. "Forensic civism: articulating science, DNA and kinship in contemporary Mexico and Colombia." Human Remains and Violence: An Interdisciplinary Journal 2, no. 1 (2016): 58–74. http://dx.doi.org/10.7227/hrv.2.1.5.
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The article will present the findings of ethnographic research into the Colombian and Mexican forensic systems, introducing the first citizen-led exhumation project made possible through the cooperation of scholars, forensic specialists and interested citizens in Mexico. The coupling evolution and mutual re-constitution of forensic science will be explored, including new forms of citizenship and nation building projects – all approached as lived experience – in two of Latin America‘s most complex contexts: organised crime and mass death.