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1
Graber, Mark A. "Why Interpret? Political Justification and American Constitutionalism." Review of Politics 56, no. 3 (1994): 415–40. http://dx.doi.org/10.1017/s0034670500018908.
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This article offers a new understanding of political justification and American constitutionalism. Previous scholarship relies on philosophical justifications of constitutionalism which regard the American Constitution as the blueprint of the good society. Such claims fail to explain why persons should interpret a constitution that does not conform to their conception of political justice. Scholars could offer better reasons for interpreting an imperfect constitution if they placed greater emphasis on two other models of political justification. Institutional justifications of constitutionalism regard Constitutions as standard operating procedures for allocating the resources available for achieving the good society. Social justifications of constitutionalism regard constitutions as compromises among people of fundamentally different views. By combining philosophical, institutional and social perspectives, scholars might strengthen the case for constitutional obedience and provide better foundations for a theory of constitutional interpretation.
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NEGRETTO, GABRIEL L., and MARIANO SÁNCHEZ-TALANQUER. "Constitutional Origins and Liberal Democracy: A Global Analysis, 1900–2015." American Political Science Review 115, no. 2 (January 19, 2021): 522–36. http://dx.doi.org/10.1017/s0003055420001069.
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A strong tradition in democratic theory claims that only constitutions made with direct popular involvement can establish or deepen democracy. Against this view, we argue that new constitutions are likely to enhance liberal democracy when they emerge through a plural agreement among political elites with distinct bases of social support. Power dispersion during constitution writing induces the adoption of institutions that protect opposition forces from the arbitrary use of executive power without unduly impairing majority rule. However, since incumbents may renege on the bargain, the democratizing effect of politically plural constitutional agreements is likely to be larger in the short term, when the identity of negotiating political forces and the balance of power between them tend to remain stable. We find support for these arguments using an original global dataset on the origins of constitutions between 1900 and 2015 and a difference-in-differences design.
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Cassola, Adèle, Amy Raub, and Jody Heymann. "Do constitutions guarantee equal rights across socioeconomic status? A half century of change in the world's constitutions." Journal of International and Comparative Social Policy 32, no. 3 (October 2016): 235–63. http://dx.doi.org/10.1080/21699763.2016.1237373.
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For those disadvantaged by bias and barriers based on socioeconomic status (SES), constitutions can provide a defense against discrimination and a foundation for greater equality in social, economic, and political life. In light of the near-global commitment to a multi-dimensional poverty reduction agenda and the increased inclusion of marginalized groups in constitution-drafting processes, this article examines how 193 constitutions address SES and how this has changed over time. The majority of constitutions guarantee equal access to primary education across SES (59%) and prohibit discrimination on this basis (58%). Fewer guarantee access to healthcare (20%), equal rights in employment (15%), eligibility for legislative office (4%), and voting rights (4%) across SES. Constitutions adopted after 1990 are considerably more likely to protect equal rights across SES than older ones. However, 25% of constitutions – including 17% of those adopted since 1990 – restrict political participation based on socioeconomic characteristics.
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Bekele, Henok Kebede. "Constitution as Social Contract in Contemporary Ethiopia: The Need to Re-construct Political Arrangements." Mizan Law Review 15, no. 1 (September 30, 2021): 41–72. http://dx.doi.org/10.4314/mlr.v15i1.2.
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Constitutions represent social contracts that accommodate subjective interests of groups within the framework of impersonal shared interests among citizens of the society at large. This article examines the contemporary social contract theory in relation to the constitutional making process in Ethiopia. The lawmaking process of Ethiopia’s 1995 Constitution does not fulfil the procedural legitimacy of social contract because important sections of the society were neglected. The institutions created by the FDRE Constitution denote the subjectivist approaches to social contract theory thereby ignoring the impersonal interests of the society. To accommodate both the subjective ends and impersonal interests of the society, the Constitution should be reconstructed in light of the dualist contemporary social contract theory. This article argues that Ethiopia's contracting actors should consider both the subjective and impersonal interests of society. The article examines the conditions that make constitution a social contract. It also discusses the controversies concerning Ethiopia's Constitution in light of the theory of social contract, and tries to show what the Constitution should fulfil as a social contract in contemporary Ethiopia.
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Hirschl, Ran. "Constitutions and the Metropolis." Annual Review of Law and Social Science 16, no. 1 (October 13, 2020): 59–77. http://dx.doi.org/10.1146/annurev-lawsocsci-051920-020619.
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Extensive urbanization and the consequent rise of megacities are among the most significant demographic phenomena of our time. Our constitutional institutions and constitutional imagination, however, have not even begun to catch up with the new reality. In this article, I address four dimensions of the great constitutional silence concerning the metropolis: ( a) the tremendous interest in cities throughout much of the social sciences, as contrasted with the meager attention to the subject in constitutional theory and practice; ( b) the right to the city in theory and practice; ( c) a brief account of what national constitutions actually say about cities, and more significantly what they do not; and ( d) the dominant statist stance embedded in national constitutional orders, in particular as it addresses the sovereignty and spatial governance of the polity, as a main explanatory factor for the lack of vibrant constitutional discourse concerning urbanization in general and the metropolis in particular.
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Benewick, Robert. "Towards a Developmental Theory of Constitutionalism: The Chinese Case." Government and Opposition 33, no. 4 (October 1998): 442–61. http://dx.doi.org/10.1111/j.1477-7053.1998.tb00461.x.
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CONSTITUTIONS, CONSTITUTIONAL REFORM AND CONSTITUTIONAL conflict are once again commanding attention. The celebrations of the bicentennial of the American constitution, the implementation of constitutional reform in Canada, the Labour government's programme for constitutional change in the United Kingdom, the seemingly intractable conflict in Northern Ireland, and transfers of sovereignty to the European Union from its constituent states, testify to this. Equally, if not more challenging, have been the upheavals in Eastern Europe and the former Soviet Union and its reconstituted states, the ‘third’ wave of democratization across the developing world, the experiment in participatory constitutionalism in South Africa and the return of Hong Kong to China. Of the 179 countries that elect their governments out of a total of 192 countries in the world, 176 have codified constitutions. Constitutions, however, that are not fully mature or operative and are not based on the principles or drafted with the advice of those nations that have developed and entrenched their constitutions tend to be disregarded, or even dismissed. Moreover, writing a constitution is one exercise, implementing, and interpreting it is a far more complex and delicate undertaking. So how are social scientists to evaluate the process?
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Ruiz Vieytez, Eduardo. "Constitutions, minorities and superdiversity." Age of Human Rights Journal, no. 19 (December 19, 2022): 187–203. http://dx.doi.org/10.17561/tahrj.v19.6770.
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Superdiversity is an interesting concept that needs to be incorporated into the field of legal sciences. A comparative analysis of the European Constitutions shows that constitutional references to culturally based minorities reflect the particular political context of each country, although there is a correspondence between the categories generally employed in comparative constitutional law and those in common use in international institutions. In addition to the cultural elements that characterise minorities (language, ethnicity, religion, nationality), other identity factors such as sex (gender), physical appearance (phenotype), opinions or convictions and social or economic status are generally included in anti-discrimination provisions. However, other elements that are relevant to the idea of superdiversity, such as place of residence within an urban environment and employment status, hardly appear in the European constitutional texts. If superdiversity is implemented without calibrating it to each context it may pose a threat to the fair and appropriate treatment of traditional minorities.
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Heckelman, Jac C., and John Dinan. "Don’t You be My Neighbor: Support for Racial-Exclusion Constitutional Provisions in Mid-19th Century Indiana and Illinois." American Politics Research 49, no. 5 (May 24, 2021): 504–16. http://dx.doi.org/10.1177/1532673x211015346.
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Racially discriminatory provisions in the U.S. Constitution and southern state constitutions have been extensively analyzed, but insufficient attention has been brought to these provisions when included in northern state constitutions. We examine constitutional provisions excluding blacks from entering the state that were adopted by various northern states in the mid-19th Century. Previous scholarship has focused on the statements and votes of the convention delegates who framed these provisions. However, positions taken by delegates need not have aligned with the views of their constituents. Delegates to state constitutional conventions held in Illinois in 1847, Indiana in 1850 and 1851, and Oregon in 1857 opted to submit to voters racial-exclusion provisions separate from the vote to approve the rest of the constitution. We exploit this institutional feature by using county-level election returns in Illinois and Indiana to test claims about the importance of partisan affiliation, religious denomination, social-welfare policy concerns, labor competition, and racial-threat theory in motivating popular support for entrenching racially discriminatory policies in constitutions. We find greater levels of support for racial exclusion in areas where Democratic candidates polled better and in areas closer to slave-holding states where social-welfare policy concerns would be heightened. We find lower levels of support for racial exclusion in areas (in Indiana) with greater concentrations of Quakers. Our findings are not consistent with labor competition or racial-threat theories.
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Nelson, Matthew J., Aslı Bâli, David Mednicoff, and Hanna Lerner. "From Foreign Text to Local Meaning: The Politics of Religious Exclusion in Transnational Constitutional Borrowing." Law & Social Inquiry 45, no. 4 (April 14, 2020): 935–64. http://dx.doi.org/10.1017/lsi.2019.75.
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AbstractConstitutional drafters often look to foreign constitutional models, ideas, and texts for inspiration; many are explicit about their foreign borrowing. However, when implemented domestically, the meaning of borrowed elements often changes. Political scientists and scholars of comparative constitutional law have analyzed the transnational movement of constitutional ideas and norms, but the political processes through which the meaning of foreign provisions might be refashioned remain understudied. Sociolegal scholars have examined the “transplantation” and “translation” of laws and legal institutions, but they rarely scrutinize this process in the context of constitutions. Drawing on an examination of borrowed constitutional elements in four cases (Pakistan, Morocco, Egypt, Israel), this article builds on research in comparative politics, comparative constitutional law, and sociolegal studies to provide a nuanced picture of deliberate efforts to import “inclusive” constitutional provisions regarding religion-state relations while, at the same time, refashioning the meaning of those provisions in ways that “exclude” specific forms of religious, sectarian, doctrinal, or ideological diversity. Building on sociolegal studies regarding the translation of law, we argue that foreign constitutional elements embraced by politically embedded actors are often treated as “empty signifiers” with meanings that are deliberately transformed. Tracing the processes that lead political actors to engage foreign constitutional elements, even if they have no intention of transplanting their prior meaning, we highlight the need for detailed case studies to reveal both the international and the national dynamics that shape and reshape the meaning of constitutions today.
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Castro, Kamile. "Entre o Direito e a Ciência Política: uma relação com futuro?" Revista Portuguesa de Ciência Política / Portuguese Journal of Political Science, no. 15 (2021): 59–74. http://dx.doi.org/10.33167/2184-2078.rpcp2021.15/pp.59-74.
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with its various elements. Therefore, it is not surprising that the great link between Law and Political Science was due to Constitutional Law and the General Theory of the State. When today we study the configuration of the State, we pay attention not only to administrative, judicial and legislative institutions, but also to the legal and political status that must be observed by the State and its governors. Thus, in today’s democratic States, Law and Politics intersect in different ways. States, based on constitutional precepts, rest on their legitimacy and legality, on these precepts that contain, in turn, a double character: legal and political. Political Science and Law researchers and, desirably, from other areas of Social Sciences and even from other scientific areas, have the current challenge, to place their areas of study, on investigative platforms, which allow the development of these areas in multidisciplinary, interdisciplinary and transdisciplinary models. Keywords: constitution; law; justice; power; politic
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Tarzi, Amin. "Islam and Constitutionalism in Afghanistan." Journal of Persianate Studies 5, no. 2 (2012): 205–43. http://dx.doi.org/10.1163/18747167-12341244.
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Abstract A constitution is adopted to regulate the relationship between political authorities and the people in a society. Traditionally, this relationship was very loose in Afghanistan; over time, however, as amirs sought to consolidate political and social authority over their society, the establishment of a constitutional framework became a priority for each new leader. This article chronicles Afghanistan’s state formation and constitutional history, beginning with Amir Dust Mohammad Khan’s state consolidation efforts in 1838, and considering all of the constitutions of the country beginning in 1923 continuing to the present. It details the central role both Islam and Afghanistan’s ethno-sectarian diversity have played in constitutional efforts throughout Afghanistan’s history and emphasizes the need for both to ensure a representative, inclusive society in Afghanistan.
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Levinson, Sanford. "DO CONSTITUTIONS HAVE A POINT? REFLECTIONS ON “PARCHMENT BARRIERS” AND PREAMBLES." Social Philosophy and Policy 28, no. 1 (November 30, 2010): 150–78. http://dx.doi.org/10.1017/s0265052510000087.
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AbstractConstitutions serve (at least) two central functions. One is to settle certain controversies by offering a definitive solution, such as adoption of a presidential or parliamentary system, a one-house or two-house legislature, or guaranteeing a certain term of years to judicial appointees. Not surprisingly, there is rarely litigation about such solutions, even if one finds them troublesome; instead, one can suggest amending the constitution or even replacing it. A second function is precisely to engender litigation by addressing certain issues—very often involving rights—that don't lend themselves to the kinds of definitive textual solutions similar to those involving structural features of a polity. If the first constitution can be described as a “constitution of settlement,” this second constitution is a “constitution of legal conversation” inasmuch as lawyers constantly dispute the meanings to be assigned such terms as “equal protection,” “human dignity,” and the like. But how does this apply to the preambles commonly, though not always, found in constitutions? Preambles often claim to evoke what binds together the society for whom the constitution is being drafted—religion, ethnicity, histories, languages, or commitments to norms, including universalistic ones. But to what extent are such claims of unity attempts by political elites to marginalize sectors of the society that do not in fact share the attributes in question? In any event, there is nothing “innocent” about constitutional preambles, and they are well worth taking seriously whether or not they are useful to lawyers engaged in litigation.
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Bhattarai, Lokendra Hari. "An Outline of Feminism Jurisprudence: Phases and Approaches from Nepalese Perspectives." KMC Research Journal 4, no. 4 (December 31, 2020): 113–26. http://dx.doi.org/10.3126/kmcrj.v4i4.46472.
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Jurisprudence is a science of law. Whereas feminism jurisprudence is a philosophy of law based on political, economic and social equality of sexes. It began in 1960s and feminists believe that law is not neutral or impartial. They blame male written history which has created in a bias way it is an off-shoot of critical legal studies. There are some of the schools of feminist jurisprudence. They are as liberal feminism, radical feminism, postmodern feminism, black feminism, lesbian feminism, queer feminism, Marxist feminism. All of the feminists have the same agenda of establishing equal opportunitiesand equal rights for women in all sectors. After the promulgation of the Constitution of the Kingdom of Nepal 1990, judicial body played vital role to eliminate gender discrimination. The Interim Constitution of Nepal 2063 was more progressive than the constitution of Nepal 1990s in the issues of women’s empowerment, reproductive freedom, equality and property entitlement. The Constitution of Nepal 2015 enlarges women’s issues and has guaranteed several rights than the previous constitutions. The judicial bodies with constitutional mechanism are playing an effective role for the protection, promotion of women's rights in Nepal.
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Martínez Dalmau, Rubén. "Democratic Constitutionalism and Constitutional Innovation in Ecuador." Latin American Perspectives 43, no. 1 (March 4, 2015): 158–74. http://dx.doi.org/10.1177/0094582x15571277.
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Since the renewal of constituent power in the 1991 Colombian constitution, various democratic constitutions in Latin American countries have undertaken important structural changes in both the organization of public powers, the democratic legitimacy of power, and the constitutional reform of rights. Among these new constitutional texts in Latin America, the 2008 Ecuadorean constitution, with sumak kawsay (living well) as its axiological basis, stands out for its originality and theoretical advances as the first case of transitional constitutionalism. All these constitutions, however, are faced with an enforcement problem that hinders their operation as instruments of social transformation. Desde la renovación del poder constituyente en la Constitución colombiana de 1991, varias constituciones democráticas en los países de América Latina han llevado a cabo importantes cambios estructurales tanto en la organización de los poderes públicos, la legitimidad democrática del poder, y la regeneración constitucional de los derechos. Entre estos nuevos textos constitucionales en América Latina, la constitución de Ecuador 2008, con el sumak kawsay (buen vivir) como su base axiológica, destaca por su originalidad y avances teóricos como el primer caso de constitucionalismo de transición. Todas estas constituciones, sin embargo, se enfrentan a un problema de aplicación que dificulta su funcionamiento como instrumentos de transformación social.
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Scott, Anthony. "Constitutions and Institutions." Rationality and Society 2, no. 1 (January 1990): 107–11. http://dx.doi.org/10.1177/1043463190002001007.
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Sterett, Susan. "Constitutionalism and Social Spending: Pennsylvania's Old Age Pensions in the 1920s." Studies in American Political Development 4 (1990): 230–47. http://dx.doi.org/10.1017/s0898588x00000936.
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Rather than studying only what appellate courts do, scholars of law and society have been pointing out that the interpretation of law is an enterprise many engage in—e.g., lawyers, administrative officials, and the lay public, as well as courts. Recent scholarship has broadened the analysis of constitutional law in a way that is not Supreme Court centered. Scholars have focused on constitutionalism as the idea that words written down limit and shape political practice. For example, Michael Kammen's work shows the continuing and repetitive celebrations of the Constitution in American life, celebrations that have taken the federal constitution as “a machine that would go of itself” and as a sacred text, often forgetting how much it has been remade through reinterpretation. This focus on constitutionalism rather than on appellate court decisions leads to a broader understanding of constitutions in a polity, so that scholars analyze rights claims in addition to examining the rights that courts have said people have. This effort emphasizes the meaningful elements of law, since the definition of constitutionalism focuses on what people think they should do, or on what they have a right to do. It leads to scholarship that points out the penetration of legal language, particularly claims of rights, into American culture. With this approach, one reason to analyze elite statements of law is that they state rights in ways that become part of general political consciousness.
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Eisenstadt, Todd A., and Tofigh Maboudi. "Being There Is Half the Battle: Group Inclusion, Constitution-Writing, and Democracy." Comparative Political Studies 52, no. 13-14 (March 11, 2019): 2135–70. http://dx.doi.org/10.1177/0010414019830739.
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Using an original data set assessing the effect of the 195 new constitutions worldwide over the past 40 years on levels of democracy, this article argues that when popular participation and group inclusion are both considered, inclusion is what matters. After showing that group inclusion generates more improvements in levels of democracy than mere participation in our data set of implemented constitutions, we address some of the prominent cases of constitution-writing failure that occur when individual participation is valued more highly than group inclusion. The article shows that even after unprecedented waves of popular participation through social media feedback (Egypt and Iceland) and focus groups and workshops (Chile), participation alone cannot generate constitutions that improve levels of democracy, or, sometimes, even the very promulgation of new constitutions. Indeed, using these cases as illustrations, we show how participation without inclusion is doomed to failure. We then show that high inclusion cases, even if they involve low participation (such as Tunisia 2014 and Colombia 1991), do generate democracy improvements.
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TARR, G. ALAN. "Religion under State Constitutions." ANNALS of the American Academy of Political and Social Science 496, no. 1 (March 1988): 65–75. http://dx.doi.org/10.1177/0002716288496001007.
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Chopra, Surabhi. "The Constitution of the Philippines and transformative constitutionalism." Global Constitutionalism 10, no. 2 (July 2021): 307–30. http://dx.doi.org/10.1017/s2045381721000174.
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AbstractThis article examines the 1987 Constitution of the Philippines’ provisions on social and economic rights and welfare. It considers how the 1987 Constitution fits within the post-liberal paradigm of ‘transformative’ constitutional texts that emerged during democratic transitions in the 1980s and 1990s. It then analyses how the Supreme Court of the Philippines responded to the constitutional call for egalitarian socio-economic reform in the first fifteen years after the People Power revolution. The article highlights how the 1987 Constitution envisions far-reaching, progressive socio-economic change, and incorporates both social and economic rights as well as open-ended policy goals in this regard. The article argues that this hybrid approach to distributive justice creates a distinctive set of interpretive challenges for the judiciary. It then argues that the Philippine Supreme Court’s approach to these provisions in the years following the transition to democracy was perfunctory and somewhat inchoate. The court affirmed its jurisdiction over these provisions, but did not develop meaningful standards or principles in relation to them. The article points out that transformative constitutional texts place difficult demands on the judiciary in relation to social and economic rights. They prompt the judiciary into unfamiliar domains. At the same time, institutional legitimacy – including legitimacy on questions of distributive justice – requires judges to sustain the sense of a cogent boundary between constitutional law and politics. The article argues that these challenges were heightened in the Philippines by the textual ambiguity of the 1987 Constitution as well as the relative dearth of jurisprudential resources at the time. It concludes by considering the implications of the Philippines experience for the design of transformative constitutions.
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FRIEDMAN, LAWRENCE M. "State Constitutions in Historical Perspective." ANNALS of the American Academy of Political and Social Science 496, no. 1 (March 1988): 33–42. http://dx.doi.org/10.1177/0002716288496001004.
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Zuckert, Michael, and Felix Valenzuela. "CONSTITUTIONALISM IN THE AGE OF TERROR." Social Philosophy and Policy 28, no. 1 (November 30, 2010): 72–114. http://dx.doi.org/10.1017/s0265052510000063.
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AbstractThe threat of terrorism once again raises some of the classic questions about constitutionalism: is it possible for constitutions to do what they aim to do—channel and control political power in such a way as to make it safe and beneficent for those under its rule but also competent to govern? Does not terrorism reraise the Schmittian problem of “the exception”, i.e., the situation of emergency that necessarily escapes all constitutional limitations? Although they did not face the problem of terrorism as we know it, the American founders developed three different models of constitutionalism, embodying three different ways of responding to emergent circumstances and yet remaining bound to the constitutionalist aspiration. We develop the main outlines of the three models both conceptually and historically and show how they continue to be relevant to current discussions of constitutionalism in the age of terror. Finally, we make a tentative effort to judge which of the three models is most able to do what constitutions should do in difficult times.
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Selivanova, Irina. "Formation of historical science and social thought in Mexico in the 19th century." Latin-American Historical Almanac 39, no. 1 (August 30, 2023): 142–63. http://dx.doi.org/10.32608/2305-8773-2023-39-1-142-163.
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This article analyzes the process of formation of historical science and social thought in Mexico in the 19th century. The author focuses on the important works of some of the most famous researchers of Mexican history, which laid the foundation for Mexican historiography. The au-thor notes that the origin and formation of Mexican national historiog-raphy and social thought was associated with key political events in the country's history: War of Independence 1810-1824, creation of the first liberal constitutions, Mexican-American War 1846-1848. and territorial disputes with the United States, bourgeois reforms, the civil war of 1854–1860, the Anglo-French-Spanish intervention, the liberation war of the Mexican people of 1861–1867. These events occupied an im-portant place in the works of the first Mexican historians, who often personally took part in the process of the political formation of an in-dependent state and became the starting points around which the historical concepts of the Mexican history of the national period were formed. these events primarily attracted the attention of historians and became the starting points around which the historical concepts of the Mexican history.
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KINCAID, JOHN. "State Constitutions in the Federal System." ANNALS of the American Academy of Political and Social Science 496, no. 1 (March 1988): 12–22. http://dx.doi.org/10.1177/0002716288496001002.
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Knegt, Robert. "Labour Constitutions and Market Logics." Social & Legal Studies 27, no. 4 (December 26, 2017): 512–28. http://dx.doi.org/10.1177/0964663917749027.
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The article evaluates labour law’s strategies of coping with the pressure put on its project of realizing justice by a hegemony of economic perspectives on labour markets. Its consequences for a methodology of labour law are set out by critically engaging with recent proposals made by Simon Deakin and Ruth Dukes. It is argued that a socio-historical perspective on the role of legal models in actually shaping labour relations can enrich the concept of a ‘labour constitution’.
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Keil, Soeren, and Dragana Nikolić. "The Europeanization of National Constitutions in South East Europe." Southeastern Europe 38, no. 1 (April 10, 2014): 87–111. http://dx.doi.org/10.1163/18763332-03801004.
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The Europeanization of the Western Balkans requires changes of national constitutions to adjust the countries’ supreme laws in accordance with “European Standards.” This article examines the causes, dynamics, and models of these changes in Croatia, Serbia, and Bosnia and Herzegovina based on the experiences of other EU Member States. This comparative analysis reveals not only similarities and differences in democratic transition between former and future Member States, but it also sheds light on the constitutional dimension of the EU Member State Building process. While the EU does not condition membership upon constitutional changes that go beyond the Copenhagen Criteria, it can be witnessed that the implementation of the Acquis Communautaire will lead to far-reaching changes in the political, social and economic systems of future Member States. Consequently, the European Union becomes an active counselor and participant in the process of constitutional evolution in the region.
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Evans, Erin. "Constitutional Inclusion of Animal Rights in Germany and Switzerland: How Did Animal Protection Become an Issue of National Importance?" Society & Animals 18, no. 3 (2010): 231–50. http://dx.doi.org/10.1163/156853010x510762.
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AbstractProvisions for animal rights have been included in the national constitutions of Switzerland (1992, 2000) and Germany (2002). Protective constitutional inclusion is a major social movement success, and in view of the other movements also seeking increased political visibility and responsiveness, it is worth asking how and why nonhuman animals were allowed into this realm of political importance. This research seeks to explain how animal activists achieved this significant goal in two industrialized democracies. Using an approach drawn from the mainstream canon on social movements, this comparative study attempts to show how cultural factors, institutional selectivity, and the influence of spontaneous events, along with the tactic of “frame-bridging,” determined the success of both movements.
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Sprague, Aleta, Amy Raub, and Jody Heymann. "Providing a foundation for decent work and adequate income during health and economic crises: constitutional approaches in 193 countries." International Journal of Sociology and Social Policy 40, no. 9/10 (October 23, 2020): 1087–105. http://dx.doi.org/10.1108/ijssp-07-2020-0358.
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PurposeAs coronavirus disease 2019 (COVID-19) spreads globally, the economic and health consequences are disproportionately affecting marginalized workers. However, countries' existing labor and social security laws often exclude the most vulnerable workers from coverage, exacerbating existing inequalities. Guaranteeing the rights to adequate income even when ill, decent working conditions and nondiscrimination in constitutions may provide a foundation for protecting rights universally, safeguarding against counterproductive austerity measures, and providing a normative foundation for equality and inclusion as economies recover. The purpose of this article is to examine the prevalence of these rights globally and assess some of their early impacts amid the pandemic.Design/methodology/approachThe authors created and analyzed a database of constitutional rights for all 193 United Nations member states. All constitutions were double coded by an international multidisciplinary, multilingual team of researchers.FindingsThis study finds that 54% of countries take some approach to guaranteeing income security in their constitutions, including 23% that guarantee income security during illness. Thirty-one percent guarantee the right to safe working conditions. Only 36% of constitutions explicitly guarantee at least some aspect of nondiscrimination at work. With respect to equal rights broadly, constitutional protections are most common on the basis of sex (85%), followed by religion (78%), race/ethnicity (76%), socioeconomic status (59%), disability (27%), citizenship (22%), sexual orientation (5%) and gender identity (3%). Across almost all areas, protections for rights are far more common in constitutions adopted more recently.Originality/valueThis is the first study to systematically examine protections for income security and decent work, together with nondiscrimination, in the constitutions of all 193 UN member states.
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Usenkov, Ivan. "Constitutional Stability in View of the 2020 Constitutional Reform in the Russian Federation." Legal Concept, no. 3 (October 2022): 52–56. http://dx.doi.org/10.15688/lc.jvolsu.2022.3.7.
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Introduction: the stability of the constitution is a special kind of stability, because if its relevance to rapidly changing social relations is usually fundamentally important for a normative act, then the constitution is largely designed to restrain the paroxysms of social development, carry the values of society through time and preserve the main directions of its development. The study attempts to give an answer about the prerequisite for the most natural and correct change of the constitutional act, despite the fact that, ultimately, it may depend on the specific conditions of constitutionalism in each individual country. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are the method of analysis and the system method. Results: the imperative of necessity and prerequisites for the reform of constitutional acts are formulated, the logic and inevitability of the 2020 constitutional reform in Russia are noted, and at the same time, its internal features, which in the future may increase the frequency of constitutional changes. The conclusions are drawn that the stability of the constitutional act should not mean its immutability at all; the answer to the question about the prerequisite for the most natural and correct amendment of the constitutional act depends on the interpretation of the essence of the constitution: if the constitution is a normative act of the highest legal force, then the constitutional text will lose any degree of conformity with the needs of society and the state; if it is a social contract, then the conditions of the latter will be changed by its participants; if it is the act of fixing the alignment of political forces, then there will be a change in such an alignment; if it is a “change management tool”, then there will be a change in the “core of consent”; in each of the above interpretations of the essence of the constitutions, the time for changing the domestic Basic law, apparently by 2020, has really come, and therefore, the 2020 constitutional reform, despite the ambiguity of its assessments, is a logical development of the state in Russia.
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Messerli, P., and L. Rey. "Integrating physical and human geography in the context of mountain development: the Bernese approach." Geographica Helvetica 67, no. 1/2 (November 22, 2012): 38–42. http://dx.doi.org/10.5194/gh-67-38-2012.
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Abstract. Time and again, discussions at the Institute of Geography in Bern regarding the choice of new faculty or debates about how to position ourselves scientifically have inspired us to re-examine our understanding of our discipline. The structural report, for example, which the Institute’s board of directors presented to faculty and university directors in 1994, describes our scientific self-conception as follows: "Geography is concerned with humankind’s physical-material environment. As such, it is an environmental science. The physical-material environment is analysed according to a dual perspective: as a condition and constraint of humankind and its cultural development; and as a product and result of economic, social, and political processes. This dual perspective requires that the natural sciences as well as the social sciences and humanities be employed to access geography’s object of study. The natural science branches of geography examine essential parts of the ecosystem and associated productive, endangering, and limiting factors and processes; these branches use the methodology of the natural sciences and base their research concepts on the systems theories of the natural sciences. The social science and humanistic branches of geography investigate the economically, politically, and socioculturally motivated principles governing our use of the environment, as well as the significance of the physical-material world in the social constitution of the spatial arrangement of society. These branches of geography use the methods of the social sciences and humanities, applying the theories of both in their research concepts." (Direktorium des Geographischen Instituts der Universität Bern 1994: 1)
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Galston, William A. "PLURALIST CONSTITUTIONALISM." Social Philosophy and Policy 28, no. 1 (November 30, 2010): 228–41. http://dx.doi.org/10.1017/s0265052510000117.
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AbstractThis essay explores the ways in which a broadly pluralist outlook can help illuminate longstanding issues of constitutional theory and practice. It begins with a common-sense understanding of pluralism as the diversity of observed practices within a general category (section 2). It turns out that many assumptions Americans and others often make about constitutional essentials are valid only locally but not generically. The essay then turns to pluralism in a more technical and philosophical sense—specifically, the account of value pluralism adumbrated by Isaiah Berlin and developed by his followers. Section 3 sketches this version of pluralism, and section 4 brings it to bear on a range of familiar constitutional issues. In the process, a distinction emerges between, on the one hand, areas of variation among constitutions and, on the other, some general truths about political life that define core constitutional functions. The essay concludes (section 5) with some brief reflections on the normative thrust of pluralist constitutional theory—in particular, a presumption in favor of the maximum accommodation of individual and group differences consistent with the maintenance of constitutional unity and civic order.
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Polymenopoulou, Eleni. "Sharia and Human Rights Law in the Constitutional Framework of Gulf States." Human Rights Quarterly 46, no. 1 (February 2024): 1–24. http://dx.doi.org/10.1353/hrq.2024.a918538.
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ABSTRACT: The present article discusses the extent to which the Sharia and human rights are intermingled in the constitutional architecture of Gulf countries, focusing on two main questions: first, the extent to which the constitutional references to the Sharia in Gulf Cooperation Council (GCC) Constitutions coexist—or can coexist—harmoniously with constitutional liberties. Secondly, the extent to which the Sharia plays a role in the interpretation of human rights by judicial entities, and whether such interpretation is in line with international human rights standards. Drawing primarily on the jurisprudence of the Kuwaiti Constitutional Court (including the female Members of Parliament hijab case, the passport retention case, the Ramadan eating ban, and the more recent case on the prohibition of “imitating the opposite sex,” the article suggests that judicial entities in GCC states should strive to align themselves better with their obligations stemming from human rights treaties, especially in relation to the principle of non-discrimination. It further argues that the richness and flexibility of Islamic law can effectively advance the argument of universality and cultural legitimacy of human rights in a spirit of reconciliation, arguably paving the way for a functioning regional human rights body in the Arab region.
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Omelchuk, Vasyl, Oleksandr Kalinichenko, Inna Naida, Mykola Romanov, and Tetiana Havrylenko. "A Person, Their Security As A Value In The Spectrum Of Public `Power: Legal Problems Of Recognition Through A Civilizational Perspective." Novum Jus 16, no. 3 (October 1, 2022): 107–32. http://dx.doi.org/10.14718/novumjus.2022.16.3.5.
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The recognition of the human being, their life, health, honor, dignity, inviolability, and security, as the highest social value is a key principle of the Constitution of Ukraine and its implementation in the spectrum of public authority has been the subject of in-depth theoretical and legal analysis. The historical origins of the modern perception of human value, reaching the depths of the birth of the Christian faith, the revolutionary events in the European past, the world wars, and the adoption of the UN Universal Declaration of Human Rights are reflected in many states’ constitutions, including modern Ukraine’s. At the same time, certain problems are obvious, including differences in the perception of the content of human rights between Western and Eastern civilizations, Christian and Muslim beliefs, and the diverse constitutional declarations with their legislative implementation, as well as the separation of new human rights, problems that are increasingly attracting the attention of scholars and practitioners.
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Anckar, Dag. "Constitutional Amendment Methods in Twenty One Small Island Democracies." Island Studies Journal 7, no. 2 (2012): 259–70. http://dx.doi.org/10.24043/isj.271.
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States differ in the extent to which they give their constitutions rigidity. Exploring constitutional amendment methods in 21 small island democracies with plurality elections, this study aims at explaining such rigidity differences. The leading expectation is that rigid amendment dominates in countries which have experienced in their political life disproportionate dominance in terms of party politics or excessive social fragmentation. These countries, namely, have probably internalized a need to ward off by means of high amendment thresholds sudden constitutional replacement, which is one possible consequence of the plurality election method. A main empirical finding is that a pattern of positive co-variance certainly exists. Whenever the triggering factors (dominance/fragmentation) are at hand, rigid amendment follows; whenever the factors are not at hand, moderate amendment follows. The finding strongly supports an image of small islands as thoughtful and purposeful political actors that design their political institutions to reflect their particular needs.
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Cordell, Rebecca, Kristian Skrede Gleditsch, Florian G. Kern, and Laura Saavedra-Lux. "Measuring institutional variation across American Indian constitutions using automated content analysis." Journal of Peace Research 57, no. 6 (October 28, 2020): 777–88. http://dx.doi.org/10.1177/0022343320959122.
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Effectively measuring variation in institutions over time and across jurisdictions is important for examining how institutional characteristics shape political, social, and economic issues. We present a new dataset of American Indian and Alaska Native (AIAN) constitutions and a new approach for measuring variation in polities using machine learning techniques. Existing data on AIAN institutions have largely been based on costly and time-consuming expert coding and survey approaches, where the end product will become obsolete once institutions change. Our automated content analysis of AIAN constitutional documents allows for more flexible and customizable measurement of the variation, using a larger corpus of data than existing approaches, limited by data collection and coding costs. We consider variation in judicial institutions, previously shown to play a crucial role in AIAN development, and compare our machine coded measures to existing hand coded data for a sample of 97 American Indian constitutions. We show that machine coding replicates expert coded data. Our approach can be easily extended to other topics, including the executive, and shows the potential of automated measures to complement or confirm traditional coding of political institutions.
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Basha, Kosovar. "The Education of Albanians in Yugoslavia after the Second World War until 1974." Historijski pogledi 6, no. 9 (June 20, 2023): 205–24. http://dx.doi.org/10.52259/historijskipogledi.2023.6.9.205.
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The paper carefully deals with the constitutional aspect and the development of education in Yugoslavia, with special emphasis - Albanians. After the Second World War, Yugoslavia faced numerous problems both politically and economically. The first reforms that this country had to undergo initially required help from countries such as the Soviet Union. Among the first steps to be taken were the legislative reforms undertaken in 1946 by adjusting the Yugoslav Constitution. This constitution sanctioned important aspects of the political, economic, educational and cultural life of the country. The political life after the Second World War in Yugoslavia had undergone radical changes making it possible for countries like Macedonia to become independent states or to be created from scratch. The only country which was politically eliminated in this aspect was Kosovo, which was left under Serbia from 1945. By oppressing Kosovo politically in all aspects of life, Serbia exercised a segregationist policy towards the Albanian people of Kosovo. Harsh measures were exercised against the Albanian minority, including their relocation to Turkey through various Yugoslav-Turkish agreements, the imprisonment of many political personalities, etc. Political rights of expression were denied and political pressure continued at the national level. These forms were present continuously and did not stop until 1968 when the political situation began to change. Indeed, the Albanian minority in Yugoslavia made good use of the political circumstances after 1968 when, in general demonstrations in all the cities of Kosovo, they opted for more national rights and requested the establishment of the University of Prishtina. Non-Albanian minorities were included in the Yugoslav republics in all spheres of life. Since they were not in large numbers, their presence was not revealed apart from the Hungarians. The Hungarian minority also began to enjoy greater rights with the amendment of several articles of the constitutions of 1946, 1953, 1963 and 1974. The presence of Hungarian schools was evident with several such schools and a lot of students who were allowed to use and be instructed in their mother tongue. Other small minorities such as Russians, Bulgarians, Germans and others were few in number. The Albanian population in Yugoslavia was distributed across several republics such as Serbia, Kosovo, Macedonia, Montenegro and to a lesser extent Croatia and Slovenia. Political power in Yugoslavia which was largely led by Serbs until 1966 through the iron hand of Alexander Rankovic did not allow the Albanians to even use their national flag and to express any kind of dissatisfaction through various demonstrations or manifestations. The period between 1966-1974 was decisive for Albanians in Yugoslavia, especially since many important steps were taken in political terms, such as the replacement of Serbian politicians with Albanians, the establishment of many different schools and the massification of higher education in general. The Yugoslav constitutions with their reforms changed the direction of comprehensive development of political, social, economic and cultural life for all non-Albanian and Albanian minorities in Yugoslavia. The author has followed the descriptive and analytical scientific methods for dealing with this important issue for general historiography. A serious Yugoslav and Albanian literature covering this socially and scientifically important study has been used.
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CAVALLI, ALESSANDRO. "Social sciences and European society in the making." European Review 13, no. 3 (July 2005): 327–35. http://dx.doi.org/10.1017/s1062798705000487.
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The study of the European integration process offers a serious challenge for the social sciences. It is easy to understand why the disciplines of law, economics, and political science have made the most relevant contributions to the study of the Europeanization of our societies. From the treaty creating the European Coal and Steel Community in May 1951 to the establishment a few years later of Euratom, from the treaty of Rome to the European Economic Community (EEC), from the European Single Act to the Maastricht treaty and the Monetary Union, from the treaties of Amsterdam and Nice to the recent Convention that resulted in the proposal for a European Constitution, all of these historical events during the second half of the twentieth century mark a process of transferring sovereignty rights from nation-states to European institutions. The Council, the Commission, the Parliament, and the European Court of Justice are substantial innovations from the point of view of public law. They are not ‘state institutions’, nor are they intergovernmental agencies. In many domains, the influence of European regulations on national legislation is impressive. The amount of literature in all languages on the legal aspects of European integration is astonishing.
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Sampe, John, Rosa Ristawati, and Be Hakyou. "The Guardian of Constitution: A Comparative Perspective of Indonesia and Cambodia." Hasanuddin Law Review 9, no. 2 (September 11, 2023): 211. http://dx.doi.org/10.20956/halrev.v9i2.4627.
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A democratic state may be indicated by the existence of a constitutional institution that has the competence to uphold constitutionalism and defend the constitution. As the guardian of the constitution, the Constitutional Council of the Kingdom of Cambodia (Constitutional Council) and the Constitutional Court of the Republic of Indonesia (Constitutional Court) have the same purpose, namely to uphold constitutionalism and protect the constitution. However, in terms of structure, procedures, and competencies, the Constitutional Council and the Constitutional Court have individual mechanisms. Institutionally, the two judicial bodies occupy different characteristics, but they share the common goal of safeguarding the constitution’s core values. This paper aims to analyze and scrutinize different features of the Constitutional Council and the Constitutional Court by showing the same purpose as the guardian of the constitution. Within this paper, the legal outcomes which is decisions are discussed, particularly the effect of the decisions. In addition, this paper looks into who can be the applicant or can file a complaint and clarifies the qualifications and resignations of judges. This paper concludes on whether the Constitutional Court and the Constitutional Council have different paths in upholding constitutionalism and protecting the constitution.
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Lambert, Priscilla, and Druscilla Scribner. "Constitutions and Gender Equality in Chile and Argentina." Journal of Politics in Latin America 13, no. 2 (July 19, 2021): 219–42. http://dx.doi.org/10.1177/1866802x211024245.
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Gender equality provisions have become nearly standard in constitutional design for new democracies. How do such provisions affect the ability of women’s rights advocates to achieve social change? To address this question, we compare the political use (legislation, policy, and judicial interpretation) of these provisions in Chile and Argentina, countries that differ with respect to how they have constitutionalised gender rights. The comparative analysis demonstrates how gender-specific constitutional provisions provide a legal basis and legitimacy for women’s rights advocates to advance new policy, protect policy gains, and pursue rights-based cases through the courts.
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Cepeda Espinosa, Manuel J. "Responsive Constitutionalism." Annual Review of Law and Social Science 15, no. 1 (October 13, 2019): 21–40. http://dx.doi.org/10.1146/annurev-lawsocsci-101518-042934.
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Cepeda Espinosa reflects on how the social sciences, especially the theories of Philip Selznick on responsive law, influenced his approach to constitution making and institutional design, when he worked as presidential advisor to two Colombian presidents, as well as to constitutional adjudication, when he was a justice of the Constitutional Court. He also discusses how responsive constitutionalism has had a transformative impact in Colombia on the role of judges, the development of innovative legal notions, the design and implementation of public policies, and society at large.
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Bates, Clifford Angell. "The centrality of politeia for Aristotle’s Politics: Aristotle’s continuing significance for social and political science." Social Science Information 53, no. 1 (March 2014): 139–59. http://dx.doi.org/10.1177/0539018413510364.
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Political theorists today are addressing issues of global concern confronting state systems and in so doing are often forced to confront the concept of Homo sapiens as a ‘political animal’. Thus theorists considering Aristotle’s Politics attempt to transcend his polis-centric focus and make the case that Aristotle offers ways to address these global concerns by focusing on Empire. This article, contra Dietz et al., argues that Aristotle’s political science is first and foremost a science of politeia and that this approach to the operation and working of political systems is far superior to recent attempts at regime analysis in comparative politics. Thus Aristotle’s mode of examining political systems offers much fruit for those interested in approaching political phenomena with precision and depth as diverse manifestations of the political communities formed by the species Aristotle called the ‘political animal’. From this perspective, focusing on the politeia constituting each political community permits an analysis of contemporary transformations of political life without distorting what is being analyzed.
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Nwafor, Anthony O. "Enforcing Fundamental Rights in Nigerian Courts – Processes and Challenges." African Journal of Legal Studies 3, no. 1 (2009): 1–11. http://dx.doi.org/10.1163/221097312x13397499736787.
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AbstractFundamental rights provisions have continued to feature very prominently in the successive constitutions of the Federal Republic of Nigeria. The enforcement procedure, however, remains identical to the one provided in 1979, in the Fundamental Rights (Enforcement Procedure) Rules. The parliament has remained aloof to these obvious realities of the procedural complications. Social, political and economic factors have continued to constitute the greatest hindrances to the citizens' desire to seek redress for the infringement of their rights. This article evaluates the provisions on fundamental rights in the Nigerian constitution, and considers the extent of enforceability under the rules and jurisdiction of courts as provided in the constitution. Alternative dispute resolution may be the panacea for the legal and economic hindrances on rights enforcement. Recommendations are accordingly made for the government to facilitate and encourage the citizens to have recourse to mediatory process in less difficult cases.
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Jones, Bryn. "Disadvantage and disenfranchisement in British labour markets: A social constitutions perspective." International Review of Sociology 8, no. 1 (March 1998): 95–113. http://dx.doi.org/10.1080/03906701.1998.9971264.
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Hinghofer-Szalkay, Stephan G. "Empirical Legal Studies, Comparative Constitutional Law and Legal Doctrine: Bridging the Gaps." Review of Central and East European Law 43, no. 4 (November 17, 2018): 383–410. http://dx.doi.org/10.1163/15730352-04304002.
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This article looks into the viability of approaches to engaging in empirical comparative constitutional legal analysis. Quantifying the words contained in constitutions, while by no means irrelevant, can only be an element in this. Their actual importance according to case law and other empirical data highlights the need for caution in drawing far-ranging comparative conclusions from such quantifications for constitutional legal systems. It is argued that the key phenomenon driving these systems can be found elsewhere: In the paradigmatic concepts of a particular system of legal scholarship, other epistemic communities, or society at large. However, while this phenomenon can be empirically studied, any meaningful study necessitates intimate knowledge of legal scholarship as the meaning of communicative symbols involved can strongly diverge from the paradigmatic concepts of (other) social sciences. Central and East European (cee) constitutional legal systems can be of special interest in this regard due to both close similarities and considerable variations of both positive law and the paradigms of legal scholarship and political thought. Ultimately, an empirical analysis requires a holistic and systematic approach to understanding constitutional systems, including positive law and the paradigms driving it analyzed with quantitative as well as qualitative tools. Otherwise, the push for empirical comparative constitutional legal research may thwart its goal of accurately depicting the observable world, and, in the case of quantitative analyses, can run counter to the goal pursued.
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Sindjoun, Luc. "Les pratiques sociales dans les régimes politiques africains en voie de démocratisation : hypothèses théoriques et empiriques sur la paraconstitution." Canadian Journal of Political Science 40, no. 2 (June 2007): 465–85. http://dx.doi.org/10.1017/s0008423907070461.
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Résumé.La mobilisation de différents courants du néo-institutionnalisme permet de comprendre la destinée politique et sociale des institutions étatiques en Afrique. Les institutionnalismes historique et du choix rationnel, placés sous les auspices de l'institutionnalisme sociologique rendent possible le dépassement des institutions formelles et des constitutions rigides au profit des normes et valeurs parallèles influençant effectivement le comportement des acteurs. C'est la “ paraconstitution ” tant ces normes et valeurs ont une centralité réelle dans le vécu socio-politique. En tant qu'elle est une donnée constante, la “ paraconstitution ” est une importante catégorie d'analyse des processus de démocratisation en Afrique.Abstract.The mobilization of different currents of neo-institutionalism is helpful in understanding the social and political destiny of power institutions in Africa. When placed under the umbrella of sociological institutionalism, others institutionalisms such as rational choice institutionalism and historical institutionalism can go beyond formal institutions and rigid constitutions. The notion of “paraconstitution” is suggested hereby in a generic perspective for the understanding of concrete or parallel norms and values that effectively shape the behaviour of political actors. Sociological institutionalism permits the apprehension of dynamic interactions between political practises and culture in Africa without falling into the trap of culturalism.
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Kosiewicz, Jerzy. "Social and Biological Context of Physical Culture and Sport." Physical Culture and Sport. Studies and Research 50, no. 1 (December 1, 2010): 5–31. http://dx.doi.org/10.2478/v10141-010-0021-1.
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Social and Biological Context of Physical Culture and SportAuthor underlines that biological sciences connected with the human being are traditionally - after MacFadden, among others - counted among physical culture sciences. Because of the bodily foundations of human physical activity, they perform - shortly speaking - a significant cognitive function: they describe natural foundations of particular forms of movement. In spite of the fact that knowledge in that respect is extremely important for multiform human activity in the field of physical culture, it is not knowledge of cultural character. From the formal (that is, institutional) viewpoint it is strictly connected with culture studies, but it has separate methodological and theoretical assumptions. Knowledge of that type is focused on the human organism and not on effects of mental, axiocreative, symbolic activity of the human being entangled in social relations. It includes auxiliary data which support practical - that is, in that case, physical, bodily - activity. Its reception of axiological (ethical and aesthetical), social (philosophical, sociological, pedagogical, historical {universal or strictly defined - referring e.g. to art and literature with the connected theories} or political) character is dealt with by the humanities (in other words: social sciences) constituting an immanent and the fundamental - and hence the most important - part of culture studies. Putting stress on alleged superiority and the dominating role of natural (biological in that case) sciences within physical culture sciences and the connected marginalization of the humanities - which constitute, after all, a necessary and hence an unquestionable foundation for culture studies, their essence and objectivisation - is, euphemistically speaking, a clear shortcoming in the field of science studies.The abovementioned exaltation and aspirations for superiority, as well as deepening and more and more aggressive marginalization of the humanities (understood in that paper as a synonym for social sciences) in the field of physical culture sciences may lead to the separation of biological sciences.
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Schwartz, Gregory. "Class mediations, working-class lives and labour subjectivity in post-socialist Ukraine." Sociological Review 68, no. 6 (April 21, 2020): 1338–53. http://dx.doi.org/10.1177/0038026120915150.
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This article contributes a post-socialist working-class lives perspective to the literature on class (dis)identification. Based on an ethnographic study of middle-age workers in the western Ukrainian city of Ľviv, the article problematises the apparent absence of workers’ class identification despite significant commodification and marketisation of society. Evidence presented here points to the potency of gendered, national, regional and post-colonial constitutions of the subjectivity of labour. Rather than being fragmented identities competing with notions of ‘class’, these constitutions represent a ‘site of conjunction’ of the changing global processes and local social forms mediating class. The article illustrates empirically and analytically the specific social forms that shape labour subjectivity in Ukraine, while theoretically locating subjectivities as arising from the intersection of various determinations, where social forms and material relations are internally related with and through each other, representing a complex unity of the diverse.
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Gover, Kirsty. "Comparative Tribal Constitutionalism: Membership Governance in Australia, Canada, New Zealand, and the United States." Law & Social Inquiry 35, no. 03 (2010): 689–762. http://dx.doi.org/10.1111/j.1747-4469.2010.01200.x.
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In the “self‐governance era” of indigenous‐state relations, there is a growing interest in the first‐order question of tribal governance: who are the members of recognized tribes, and how are they chosen? Tribal constitutions contain formal tribal membership criteria but are not ordinarily in the public domain. This article presents findings from a study of the membership rules used in more than seven hundred current and historical tribal constitutions and codes. It offers a comparative analysis to explain significant differences between North American and Australasian tribal constitutionalism, particularly in the administration of descent, multiple membership, and disenrollment. It advances the argument that tribes self‐constitute in ways that are more relational and less ascriptive than is suggested in current political theory and policy; that existing representations of tribes obscure nontribal expressions of indigeneity, on which tribes depend; and that these expressions should be officially supported in public law and policy.
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Kent, Ann. "Waiting for Rights: China's Human Rights and China's Constitutions, 1949-1989." Human Rights Quarterly 13, no. 2 (May 1991): 170. http://dx.doi.org/10.2307/762659.
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Sheverdyaev, Stanislav, and Alina Shenfeldt. "Evolution of the Concept of Political Corruption in Western and Russian Political Science and Law." Russian Law Journal 7, no. 2 (May 30, 2019): 53–80. http://dx.doi.org/10.17589/2309-8678-2019-7-2-53-80.
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As a result of intensive international debate and the adoption of a number of renowned international anticorruption conventions and initiatives in the 1990s and 2000s, the issue of corruption has become a convenient theme for different kinds of generalizations in social sciences. However, national legislation does not reflect these developments in its legal regulation due to conservatism inherent in jurisprudence. One of the most evident gaps in this respect is the sphere of political corruption. While political science and political economy for decades have been successful in explaining political processes in different countries as corrupt conspiracies of political elites, business structures, and other actors in the political process, legal science has kept itself separate from such problems and prefers to deal with individual acts of corruption. But if for criminal law such an approach seems logical due to the methodology of the criminal law, for other branches of law which set forth a systemic view on social processes – primarily administrative and constitutional – there seems to be an omission.Nowadays, there is a quite favourable environment for the development of a consistent legal understanding of anticorruption in Russia. This has become possible thanks to current Russian administrative reforms, when the need for a highly professional bureaucracy led to a greater demand for various anticorruption mechanisms. The next possible step in Russia may be an attempt to ensure the effectiveness of well-proven anti-corruption methods of the political system as a whole.In this article we propose a brief background to the evolution of the concept of political corruption in Western and Russian political and legal science, which entails the necessity of complex scientific legal synthesis on this issue, allows to discuss the existing methodological potential and creates new opportunities to build up appropriate systemic legislative models.
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Hristov, Djordje. "Political and world-historical courage in Hegel’s philosophy." Filozofija i drustvo 33, no. 4 (2022): 982–1003. http://dx.doi.org/10.2298/fid2204982h.
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The aim of this article is to develop a distinction between two types of courage in Hegel?s philosophy: political and world-historical, in order to show the limitations of the former. The concept of political courage, or Tapferkeit, features in Hegel?s political philosophy, and signifies the wartime form of mutual trust required of the modern citizen for defense of an established constitution. World-historical courage, on the other hand, relates to the personal virtue of the ?great individual?, which acts as a force of destruction against decaying constitutions. The article shows that political courage for Hegel serves as an alternative to the idea of the contract as the foundation of state unity. However, when placed in comparison with world-historical courage, political courage does not fully correspond to its concept as defined by Hegel. I begin with Hegel?s critique of Hobbes, his rejection of the social contract theory, and his introduction of the concept of Tapferkeit as an alternative principle of political unity. In the next step I show that world-historical courage differs but also shares many similarities with political courage, which taken together reveal the limitations of the latter. In the end, I argue that only in the instance of Hegel?s conception of total war do political and world-historical courage coincide.