Connecticut Research Articles

CLASSIFICATION OF CONSTITUTIONAL VALUES

The theoretical and practical significance of the classification of constitutional values is noted. The constitutions of the Republic of Belarus and other states are analyzed. The main approaches to fixing universal (universal) values in the text of the constitutions of various states are determined. Regional, pan-European and pan-Eurasian groups of constitutional values are considered. The national catalog of constitutional values is investigated, on the basis of which the specific classification of constitutional values is carried out: primary and derived; current and prospective; strata levels, families (layers), organizational; higher and others; absolute and relative; social, digital and others.

Implikasi Penggunaan Bahan Berbahaya Dan Beracun (B3) Dalam Pemenuhan Kebutuhan Dasar Rumah Tangga Terhadap Lingkungan

The 1945 Constitution or the Constitution states that a good living environment is everyone's right. This is regulated in Article 28H paragraph (1). Mutatis mutandis, a good living environment is everyone's constitutional right, in this caseIndonesian society cannot be reduced. The research method used in this writing is a normative juridical method with a literature study approach which is legal research that focuses on legal norms including principles, norms, rules, laws and regulations, agreements and doctrine. However, nowadays there is a lot of environmental damage due to the use of B3 materials (Hazardous and Toxic Substances) for household purposes either directly or indirectly, this can be a factor in the constitutional rights of a citizen whoThis action has been reduced, therefore in this article the author will discuss the implications for the environment in the use of B3 materials to meet needs.

Approach to the Interpretation in the Constitutional State of Rights

Este es un primer artículo en el que se resumen los planteamientos realizados en el marco de una investigación sobre el problema de la interpretación en el contexto del Estado constitucional de derecho. De ahí que, en un principio y bajo la guía teórica de Guastini, se reflexione sobre el por qué debemos entender que el ordenamiento jurídico colombiano se ha “constitucionalizado”, considerando siempre como referente la compleja realidad del país. Lo anterior nos conduce a un segundo momento: la introducción al complejo problema que ha ocasionado este fenómeno en torno a la interpretación constitucional en nuestro contexto; por ello el objetivo general de la investigación es explicar la relación que se da entre los métodos de interpretación de reglas y principios en la tarea judicial del juez constitucional colombiano. Al final y con el propósito de avanzar en la conexión teórica y práctica que se establece entre los métodos de interpretación del precedente judicial y el examen de proporcionalidad, se relacionan las principales ideas y los autores involucrados en la reflexión de estos métodos de interpretación en el Estado constitucional de derecho.

Negara Demokrasi dan Hak Asasi Manusia di Indonesia

Democracy is a civilized and universal manifestation in the world, it is related to human rights and arises from the struggle to defend human dignity. Democracy allows people to have full sovereignty over the government and recognizes human rights. In Indonesia, human rights are the foundation of the country and are upheld because Indonesia is a constitutional state that upholds the dignity of the people. A democratic state is a system of government that allows people to have full sovereignty over the government. The rule of law in Indonesia upholds justice and legal certainty, controls society, ensures that obligations are fulfilled and rights are granted. Human rights are important and significant in Indonesia because the Indonesian legal system values ​​and protects human rights because it is based on the Pancasila Law, which emphasizes the importance of human dignity.

Islands and Self-Determination in the Caribbean: Puerto Rico and Aruba in Comparative Perspective

The politics of self-determination in non-independent Caribbean islands features both common and divergent outcomes. The common outcome is a weakness of secessionism. The divergent outcome is the broader politics over status. Using a comparison of Puerto Rico (where secessionism is weak and the constitutional status is strongly contested) and Aruba (where secessionism is also weak but the status broadly accepted), this article refines arguments found in the literature on why non-independent island territories eschew the pursuit of independence, and it formulates an explanation for variation in the politics over status based on the symbolic value of institutions and historical processes of othering.

Excluding Citizens: Belongership and the Constitutional Demos in British Overseas Territories

Previous literature explains the fact that sub-national elections tend to be more inclusive than national elections by reference to the level of the election. This paper argues that the constitutional status of the election is more decisive. This is illustrated by evidence from the British Overseas Territories (BOTs) where resident citizens without ‘belonger’ status are excluded from the vote. Elections in BOTs are less inclusive because they are significant to the future constitutional status of the territory. Finally, the paper considers the implications of our thesis for the ongoing dispute on belongership between the UK and BOTs.

Kiedy cnota staje się maską tyranii, czyli jeszcze kilka uwag o rozstrzygnięciu Trybunału Konstytucyjnego w sprawie K 1/20

In its judgment of 22.10.2020 (K 1/20), the Constitutional Court ruled out the possibility of aborting a pregnancy due to the occurrence of a so-called embryopathological premise. It deprived women of the possibility to make an autonomous decision in the case of severe and irreversible disability or incurable disease of the fetus. The paper analyses the Court’s errors in, inter alia, establishing the constitutional status of the nasciturus, conducting the dignity argument or the proportionality test. The authoress shows that the judgment is political and ideological in nature and that the Court refers to the judgment in Case K 26/96 in a selective and manipulative manner. The text to some extent polemics with the theses of P. Łącki and B. Wróblewski presented in the paper on Niekonstytucyjność tzw. aborcji eugenicznej (embriopatologicznej). Schemat argumentacji Trybunału Konstytucyjnego w sprawie K 1/20 (Unconstitutionality of the so-called eugenic (embryopathological) abortion. The pattern of argumentation of the Constitutional Tribunal in Case K 1/20), which came out in the previous issue of the “Przegląd Konstytucyjny” quarterly.

Prospects for the development of constitutional principles of the constitutional and legal status of a person and a citizen

The article substantiates the need for further development of the constitutional principles of the constitutional and legal status of a person and a citizen in Ukraine. In order to solve this task, the current legislation in the field of the constitutional and legal status of a person and a citizen was analyzed, recognizing that the Constitution of Ukraine created an effective constitutional and legal basis for further law-making and rule-making activities of state structures regarding the principles of the constitutional status of a person and a citizen. At the current stage of state formation, the observance of human rights in Ukraine is connected with the legal trend of their recognition at the state-legal level. It should be noted that they are enshrined in various international legal acts, and above all, they are aimed at the development of rights and freedoms, as well as individual guarantees. The problems of the real guarantee of the rights and freedoms of a person and a citizen within the framework of their consolidation in the constitutional principles of the legal status of a person and a citizen, as well as the question of the actual state of the position of these things, rarely become the subject of scientific research. It is this that determines the need to research the aspect of the prospects for the development of the principles of the constitutional status of a person and a citizen, as well as the elements and mechanisms of its implementation. It is argued that the modern constitutional development of Ukraine in the context of the European dimension of political transformations determines the problem of rethinking the role and meaning of the constitutional principles of the status of a person and a citizen in Ukraine in the process of forming a new legal reality. It was determined that despite the establishment of the basic principles of the constitutional and legal status of a person and a citizen in the Constitution of Ukraine, there is an urgent need for their further development in the context of building a modern democratic legal state. A conclusion is made about the special role and significance of modern transformations of constitutional norms, which highlight the status of a person and a citizen, for the sake of normal and harmonious formation of prospects for the development of the principles of the constitutional status of a person and a citizen, and the introduction of appropriate changes to the Constitution of Ukraine.

Can the constitutional state accommodate the administrative state? Rousseau versus Hegel

ABSTRACT This essay inquires whether a constitutional state, understood as one ruled not by natural persons but by laws and legal decisions that free persons can endorse, can accommodate the administrative state, understood as one wherein executive agencies exercise law-making, statute-interpreting, and sanction-levying powers. Drawing from Rousseau and Hegel, it distinguishes between two stringent models of the constitutional state – a democratic-republican model and one ordered to an autonomous concept of Law – and compares their abilities to accommodate an executive with a robust law-making and statute-interpreting authority. The essay concludes that, whereas the democratic-republican model is hostile to the administrative state, the Law-centred model is at ease with it and allows it to flourish within bounds. The Law-centred model is thus the only one to reconcile a stringent concept of the constitutional state with the executive power that state needs to fulfil its positive obligations to its citizens.

The right to education in the system of constitutional rights and freedoms of a person and a citizen

It was established that, despite the universal recognition of the right to education as one of the fundamental human rights enshrined in international documents and the constitutions of many states, there are a number of significant challenges in the implementation of this right at the national and global levels, including unequal access to quality education, limitations of opportunities for individual social groups, as well as the need to adapt educational systems to the rapidly changing conditions of the modern world. It is emphasized that the right to education is one of the fundamental human rights, enshrined in the constitutions of many countries of the world and international documents and is recognized not only as an important individual freedom, but also as a necessary condition for the development of democracy, the rule of law and social progress. It is noted that the right to education, as an important component of the system of human rights and freedoms, is characterized by a number of main features: universality - the right to education belongs to every person without any exceptions or restrictions based on gender, race, nationality, language, religious beliefs, social origin, state of health, beliefs or any other characteristics; every person has equal opportunities for access to education at all levels, in particular, it is also about overcoming gender inequality, as well as inequality related to physical or mental limitations, socio-economic status or place of residence; accessibility for all, which means the absence of any barriers that can prevent a person from getting an education (both financial barriers and barriers related to the place of residence, social status or special needs of a person); the quality of the process of realizing the right to education, which includes not only access to educational institutions, but also the guarantee of obtaining a quality education that contributes to the full development of the human personality; adaptability - the education system should be flexible and adapted to the needs of different population groups, including persons with special educational needs, migrants, national minorities and other vulnerable groups. In summary, the right to education is an integral part of the system of constitutional rights and freedoms of a person and a citizen and is at the basis of the development of a fair and free society, providing every person with the opportunity to realize their potential and actively participate in society. Ensuring access to quality education for everyone without exception is a key task of the state and the international community on the way to achieving sustainable development and strengthening human rights.

Host-Guest Stimuli-Responsive Click Chemistry.

Click chemistry has reached its maturity as the weapon of choice for the irreversible ligation of molecular fragments, with over 20 years of research resulting in the development or improvement of highly efficient kinetically controlled conjugation reactions. Nevertheless, traditional click reactions can be disadvantageous not only in terms of efficiency (side products, slow kinetics, air/water tolerance, etc.), but also because they completely avoid the possibility to reversibly produce and control bound/unbound states. Recently, non-covalent click chemistry has appeared as a more efficient alternative, in particular by using host-guest self-assembled systems of high thermodynamic stability and kinetic lability. This review discusses the implementation of molecular switches in the development of such non-covalent ligation processes, resulting in what we have termed stimuli-responsive click chemistry, in which the bound/unbound constitutional states of the system can be favored by external stimulation, in particular using host-guest complexes. As we exemplify with handpicked selected examples, these supramolecular systems are well suited for the development of human-controlled molecular conjugation, by coupling thermodynamically regulated processes with appropriate temporally resolved extrinsic control mechanisms, thus mimicking nature and advancing our efforts to develop a more function-oriented chemical synthesis.

Measuring political radicalism and extremism in surveys: Three new scales.

This paper introduces three new scales to measure left- and right-wing radical as well as general extremist attitudes that can be applied across Western European countries. We therefore propose a thorough conceptualization of extremist attitudes that consists of two dimensions: general extremism, by which we understand attitudes that oppose the constitutional democratic state, and another dimension that differentiates between right- and left-wing radicalism by which we understand people who take far-reaching but often one-sided positions on political issues (e.g., on nationalism or anti-imperialism) by advocating fundamental socio-political change. Based on data from Germany, Great Britain, and the Netherlands (n = 6,201) we created short indices for general extremism and left- and right-wing radicalism. We check for convergence validity by assessing the psychometric properties of the extracted indices, i.e. their internal coherence and the degree to which a scale is able to distinguish strongly extremist and non-extremist individuals. Finally, we correlate the scales with various constructs that are likely related to extremist attitudes in order to assure external or construct validity. The results indicate that the three scales are highly valid and applicable across three Western European countries. Overall, we find that about two to four percent of citizens in each country hold left-wing or right-wing extremist attitudes.

Конституционное право и политический реализм: негативная теория свободы слова

Classic positive theories of freedom of speech explain enhanced constitutional defense of speech in terms of fundamental values served by expression (pursuit of truth, democratic governance or personal autonomy). Negative approach, which is the subject of this article, focuses not on the high social value of speech, but on the unique risks of its suppression. The dangers of repressive censorship mainly stem from personal interests of office-holders (legislators as well as law-enforcement officers) or from intolerance. Psychological reasons and the architecture of censorial decision-making turn speech into an especially fragile object of regulation. The idea underlying the constitutional status of freedom of speech is the distrust of government decision-making in speech regulation. Judicial review should pay close attention to the design of abridging laws and justifications provided for them. These laws should be worded clearly and should not allow for selective viewpoint censorship. The simplicity of negative approach and its political realism make it the most plausible theory for interpreting constitutional article on freedom of speech (expression).

Patient Reported Barriers for Participation in Supervised Exercise Therapy for Symptomatic Peripheral Artery Disease

ObjectivesSupervised exercise therapy (SET) provides clinical benefit for patients suffering from intermittent claudication due to peripheral artery disease (PAD). However, enrollment in programs when offered remains low. We sought to identify patient-reported barriers to enrollment in SET as part of a prospective quality improvement program. MethodsPatients who presented to clinic and were diagnosed with claudication were offered enrollment in a prospective quality improvement protocol, offered at nine regional offices throughout our health system. Both patients who enrolled and declined enrollment were offered a 12-question questionnaire to identify potential barriers to enrollment. Additional data including gender, smoking status, ankle-brachial index (ABI), proximity to the nearest regional office, and disadvantage levels of neighborhoods (low: 1-3, medium: 4-7, and high: 8-10 area deprivation index [ADI]) was collected and compared by program participation using univariate analysis. ResultsPatients enrolled in the SET program (n=66 patients) versus those who declined (n=84 patients) were of similar age (medium age: 71.4 vs. 69.7 years, p=0.694), baseline ABI (0.6 vs. 0.6, p=0.944), smoking status (former 56.1% vs. 53.6%, p=0.668), distance away from outpatient center (8.2 mi vs. 8.4 mi, p=0.249), and had similar Connecticut state ADIs (2021 high-disadvantage: 35.4% vs 33.3%, p=0.549). Patients participating in the SET program were more likely to be male (78.8% vs. 56.0%, p=0.003). Top self-reported barriers for patients who declined participation included transportation/distance (39.3%), preference for independent walking (56.0%), inability to commit to three sessions per week (52.4%), and lack of interest (20.2%). In addition, a higher proportion of patients who declined participation identified severe barriers of preference for independent walking (39.3% vs. 1.5%, p<0.001), inability to commit to three sessions per week (26.2% vs. 3.0% p<0.001), transportation/distance issues (23.8% vs. 7.6% p=0.008), and cost (27.4% vs. 9.1%, p=0.005) as significant barriers for participation in SET. ConclusionsPatients who declined participation in SET for PAD had similar disease status and access to care than participating counterparts. Top reported barriers to enrollment include a preference for independent walking, transportation/distance, commitment to 3x/week program, and cost, which highlight areas of focus for equitable access to these limb-saving services.

The Right to Conscientious Objection as a Constitutional Category: Selected Issues. A Comparative Study of Fundamental Laws and Constitutional Courts’ Jurisprudence

The article presents the results of a comparative study focusing on the right to conscientious objection in constitutions of modern states. This right is primarily associated with military service. In approximately a dozen constitutions, it stands as an independent, general right to conscientious objection. The constitutional scope of the given right is typically broad, with lawmakers seldom specifying the sources or conditions for its exercise. The contentious nature of the analysed right causes its explicit challenge in several constitutions. Case law, especially that of constitutional courts, reveals that the normative presence and the specifics of the right to conscientious objection within a particular legal system may not necessarily originate directly from constitutional provisions. Court decisions rendered in various countries sometimes attribute a constitutional character to this right, even when the fundamental law does not explicitly articulate it. Conversely, there are occasional restrictive interpretations of unequivocal constitutional provisions regarding conscientious objection.

Earth jurisprudence in South America: Trends and developments

This article aims to present an analysis of the evolution and contributions developed and integrated into the corpus of Earth Jurisprudence from practice in seven (7) South American countries where 135 records were found between 2005 and 2023. The case study was carried out using the methodological approach of the qualitative approach, the hermeneutic method, and the documentary review technique. The unit of analysis was based on the recognition of rights to nature, the data and information organized according to legal/political provisions, the state, the actor that initiated the action, and the ecological actor involved. Among the most outstanding findings, it is evident that a large number of records are concentrated in Ecuador and Colombia. The first correlates with the constitutionalization of the rights of nature and coincides with the second as they have been part of the stream known as new Latin American constitutionalism. In addition, a notable jurisprudential development recognizes nature as a subject of rights and declares it a victim of the armed conflict. Bolivia, which also joined this emerging denomination, has a different tendency than it had in its beginnings, not as the two countries mentioned above have done. Brazil stands out for its considerable increase in such legislative recognition. Argentina has a stronger emphasis on animal law. Peru has an incipient contribution to some regulatory implementation. Finally, Chile, the most laggard, tries it with a new constitution that recognizes these rights without having the approval at the ballot box. It is concluded the need to elevate the rights of nature and animals to constitutional status, claiming indigenous and ancestral cosmogonies regionally since it includes a legal stability that would facilitate the work of judicial and legislative actors and decision-makers for developing public policies, which would contribute to the practical development of the new Latin American constitutionalism and the Earth Jurisprudence.

AN UNFINISHED POLEMICS “AMONG OURSELVES”

The paper examines the polemical dialogue on the national question between two Ukrainian literary classics, Ivan Franko and Lesia Ukrainka, which took place in the late 19th and early 20th century, as well as its impact on other writers, social, and political figures. There was a noticeable divergence in the positions of two prominent writers, with Ivan Franko criticizing the trans-Dnieper Ukrainian intellectuals for distancing themselves from the people, while Lesia Ukrainka justified their participation in the statewide all-Russian movement. This is primarily explained by the asynchrony of social development in the conditions of the Russian autocratic empire and the Austro-Hungarian constitutional state, but there was still another factor. The views of both Ivan Franko and Lesia Ukrainka were formed under the influence of the social-democratic ideas of Mykhailo Drahomanov. However, by that time, Ivan Franko had already shifted towards national positions, while Lesia Ukrainka continued to share Drahomanov’s principles. The evolution of Lesia Ukrainka’s views suggests that it was rather a temporary misunderstanding than an ideological confrontation with Ivan Franko. During the Soviet period, this opposition articulated by Ivan Franko as the one “among ourselves” and temporary “polemical controversy” (Lesіa Ukrainka) was intentionally ignored, as the communist regime in the USSR made efforts to silence the presence of national movements. Interest in this polemic appeared already in the first post-revolutionary years in Ukraine (Mykhailo Drai-Khmara) and remained vivid within the Ukrainian emigration (Dmytro Dontsov, Yurii Lavrinenko). Subsequently, it was revived in literary works during the period of Ukrainian state independence, with contributions from Ivan Denysiuk, Mykhailo Nechytaliuk, Vasyl Horyn, Halyna Levchenko, Mykhailo Hnatiuk, and Bohdan Tykholoz. The polemic between Ivan Franko and Lesia Ukrainka proves its relevance in current circumstances as well.

Constitution and Jurisdiction in Neal Stephenson’s Speculative Fiction

A common feature of Neal Stephenson’s speculative fiction is the richly imagined political communities inhabited by his characters. Geographically defined constitutional states are reimagined, often with a focus on associations based on shared social identity or beliefs, as opposed to nation-state citizenship. Stephenson’s works offer an imaginative space for exploring possibilities of alternative political communities, and questions of constitution and jurisdiction. Modern territorially sovereign nation-states have presented constitutional scholars with a fixed framework. People sharing physical space constitute a political association stemming from a moment of legal constitution. Thus constituted, the nation-state authorises governmental entities to oversee the populace within the shared geographical space. Stephenson’s rich imagination offers constitutional scholarship an imaginary for exploring alternative conceptualisations of constitution and jurisdiction. This article proposes that recovery of medieval conceptualisations of overlapping networked jurisdictions might aid in sensemaking of models of political communities beyond the territorially sovereign nation-state.

Implementation of National Defense in the Era of Technology in Learning Citizenship Education

Defending the State or what can be called national resilience is an important thing in state life. The attitude of defending the country is something that must be owned and realized by the people, especially the younger generation who will be the future leaders of the nation. Article 27 paragraph (3) of the 1945 Constitution states that "every citizen has the right and obligation to participate in efforts to defend the State". This research uses the literature review method which is a systematic, explicit and reproducible method for evaluating and identifying research works. The aim of this research is that citizens, especially the younger generation, must have a responsibility to defend the country and prepare students to become good citizens. The results of the discussion show that to realize the 1945 Constitution concerning National Defense, the government provides citizenship education to help educate citizens, especially the nation's next generation. Through citizenship education, the descendants of the Indonesian people will be able to understand, analyze and answer the challenges faced in society, nation and state. As well as being sustainable and in accordance with the principles and ideals of the nation as intended in the preamble to the 1945 Constitution. It is hoped that awareness of defending the State or national security can be instilled in the minds of all Indonesian people, especially in this technological era. Because in the technological era there are several external threats that are sometimes overlooked.

Influence of United States Constitutional System on Asian Countries

United States of America is a leading superpower in international politics and the infiltration of its constitutional system into other countries is quite conspicuous in many ways. The impact of it is manifest in the governance structure many Asian countries. Asia is an abode to different types of governments including long-established democracy, socialism and monarchies. This research studies and compares special Asian countries with the constitutional system of America as a model that has withstood the test to time since the 18th century. This research finds that the question of whether Asia can adopt democracy was what preoccupied Lee Kuan Yew as an Asian and Singaporean statesman. However, diffusion theory penetrates Asia, and the continent begins to wax in democracy and constitutionalism. Written constitutions also dominate Asia with models of check and balance, impeachments, and elimination of dictatorship although its last vestiges are still in some parts of the continent.