Constituent Process Research Articles

Apuntes para una relectura heterodoxa de la transición política española

<p>Se trata de analizar la transición política española teniendo como referente lo sucedido en Portugal en 1974, dónde se produjo una revolución seguida de un proceso constituyente clásico. En España en 1975, una serie de factores internos y externos, determinaron que se impusiera un modelo de continuidad social y de cambio en lo político con el régimen de Franco. La guerra civil se configura así, como un punto de ruptura con el pasado, que supone también la introducción de una idea de modernidad que está en la base de la realidad social, y en alguna medida política, desde las que España ha entrado en el siglo XXI</p>

Constitutionalising Language: A Dialogue

A few months ago, I received an email from the Constitutional Commission of the Parliament of Catalonia inviting me to advise other countries on their constituent processes. I accepted the task with some reservation, as my knowledge of those countries left something to be desired. The Parliament invited me to participate in a workshop in Sicily, which culminated in a meeting with Salvatore Giuliano, President of the Sicilian Constitutional Council. The scope of our conversation was to be rather narrow, but it would involve a problem central to the constituent process: the constitutional accommodation of language. My initial impression was that this might be a fraught issue with many unforeseen ramifications for the evolving political identity of Sicily. 'Why not?' I asked, and I soon found myself on a breezy Mediterranean cruise to Palermo. A few hours later, I spotted Salvatore in the beautiful Palazzo dei Normanni.

The Theory of Sovereignty in the Institutional Economics of John R. Commons from the Perspective of Constituent Power

We review the discussion of sovereignty in the work of John R. Commons from the perspective of constituent power. His discussion has implications for constituent power as discussed by Negri, Habermas and Arendt. Constituent power is a dynamic wherein forces inside each citizen gather and affect the exercise of power. We illustrate the following two points: First, Commons’s discussion of sovereignty overcomes the limitations discussed. He shows that working rules are constituted by communication in government organisations, namely, the commission. He also shows the possibility of the constitution existing in a sphere of the economy based on concrete procedures. In contrast to Negri and Arendt, he asserts the possibility of the constitution being present in a sphere of the economy through institutionalised procedures, namely, collective bargaining contained in the common-law method. We find this method indicates the constituent system of values and institutions. Second, Commons’s view of the constitution was shaped after his writings of 1889–1890. We learn that he acquired his view of the constitution from his experiences working with the constituent process.

A regulação jurídica constitucional dos meios e a monopolização das transmissões esportivas

It is this presentation of search results undergraduates, which had the purpose to analyze the legal regulationconstitutional produced during the constituent process of 87/88 on the right of ownership of the media, in order to investigate the ban constitutional monopoly and oligopoly in the appropriation of the means. Aresearch proposal considers that this prohibition is also, as a consequence, the seal of the oligopoly andmonopoly in the transmission of information, assuming a market plural and diverse. Further considers that, notwithstanding the statutory prohibition on the plane of reality some media companies monopolize certainsectors of the economy, controlling the flow of information, as can be seen in the recent issue about themonopoly rights to broadcast games of the Championship Football Serie A, by the Globo Television Network, a theme that will be used to justify the illegality pointed to the sector. In this sense, the research revisited the constitutional process in order to analyze the projects and legislative debates that led to thecurrent constitutional regulation of ownership of the media, as well as reviewed the decision of theAdministrative Council for Economic Defense (CADE) in against the monopoly of the Globo broadcasts Brasileirão, series A

HOPF BIFURCATION IN THREE-DIMENSIONAL SIRS-MODEL WITH DIFFUSION

In this paper, modified 3D epidemiologic SIRS model with the so-called saturation incidence is considered. In the course of research the considered model was enlarged by means of adding spatial constituent and diffusion process. The aim of the work is to prove the existence of spatial heterogeneous periodic solutions in the system that takes place when bifurcation of periodic solutions happens not only along temporal but spatial variable and to simulate them numerically.

Encuesta sobre la construcción política de Europa = Academic survey about constitutionalization of European Union

En esta encuesta un grupo de Catedráticos de Derecho Público responden a preguntas sobre la construcción constitucional de Europa relacionadas con la actual situación del proceso de integración europea, la existencia de un proceso constituyente europeo y de un poder constituyente europeo, a la organización institucional de Europa y a la existencia de un derecho constitucional europeo.Constitutionalization of Europe, European constituent process, European constituent power, European federalization, European public opinion, European constitutional law, Cataluña secession.

La libertad de imprenta como premisa de la primera Constitución racional-normativa española: La Constitución de Cádiz de 1812

La presente aportación estudia el papel que desempeñó la libertad de imprenta durante la primera experiencia constitucional en España. En el examen del contexto de su reconocimiento se observa que la libertad de imprenta se alcanzó antes de facto que de iure, circunstancia que facilitó enormemente la libre circulación de todo tipo de escritos y que, asimismo, coadyuvó al intercambio de ideas sobre el nuevo modelo de Estado. Del estudio de las principales razones que motivaron la aprobación del Decreto de imprenta de 1810 se desprende que las Cortes no concibieron la libertad de imprenta exclusivamente como un derecho individual que posibilitaba el libre desarrollo de la personalidad sino que, además, se trataba de un derecho llamado a desempeñar importantes funciones en el nuevo modelo político que deseaban implantar. Idea que corrobora el análisis del proceso constituyente y del funcionamiento de las instituciones creadas por la Constitución de 1812. Concretamente, en referencia al proceso constituyente, se observa que con carácter previo a la aprobación de una Constitución digna de ser calificada como racional-normativa, fue imprescindible reconocer y garantizar la libertad de imprenta. Y, en relación al funcionamiento de las nuevas instituciones liberales, la citada libertad pública era del todo necesaria, dado que, entre otras cuestiones, posibilitó a los españoles fiscalizar y controlar el ejercicio del poder político.Present contribution studies the role that freedom of the press fulfilled during the first constitutional experience in Spain. Within the study of the context of its recognition it is observed that Freedom of the press was achieved before de facto rather than de iure. This circumstance made possible the circulation of all kind of documents which also contributed to the exchange of ideas about the new State model. From the study of the main reasons that motivated the approval of the Press Decree of 1810 can be inferred that Courts did not only conceive Freedom of the press as a mere individual right that enabled the free development of personality, but also as a right that was expected to fulfill important functions in the new political model that was intended to be established. This idea is corroborated by the analysis of the constituent process and the work environment of the institutions created in the 1812 Constitution. With reference to the constituent process, it is observed that previous to the approval of a Constitution that could be called as rational- regulatory, it was compulsory to recognize and guarantee the Freedom of the press. Finally, and related to the work environment of the new liberal institutions, the aforementioned public liberty was entirely necessary as it allowed the citizens the supervision and control of the political power’s exercise among other issues.

Three dimensional thermal finite element simulation of electro-discharge diamond surface grinding

The key to achieve good surface integrity in the workpiece due to Electro-Discharge Diamond Grinding (EDDG) process, which is hybrid of grinding and EDM, is by preventing the excessive temperature and thermal stress generated during the process. EDDG in surface grinding mode called Electro-Discharge Diamond Surface Grinding (EDDSG), used for finishing operation, is a complex machining process where several disciplines of science and engineering are involved in its theory. The complexity of the process includes the random occurrence of spark during EDM process and nonlinear behavior of workpiece material includes temperature dependent thermal properties. The present work involves the development of a simulation model to simulate the complex EDDSG process which consists of simulation of each constituent process namely EDM and surface grinding for temperature and thermal stress distribution. In order to simulate the realistic complex conditions, the three dimensional FEM is used in the process of development of the model accounting the random occurrence of the spark during EDM. The effect of different dielectric fluid, duty factor and energy partition during EDM on the temperature distribution and MRR study related to EDM contribution are reported. It is observed that the spark contributes primarily to the temperature. The predicted results can be used to determine the surface integrity of the machined surface.

Social Movements as Constituent Power: The Italian Struggle for the Commons

The Italian commons (beni comuni) movement is a powerful example of the way in which social movements are emerging as the new pouvoir constituant serving not only to enforce the protections and guarantees of national constitutions but also, in the context of the declining power of the nation-state, as a counter hegemonic force against the neoliberal economic constitutionalism of the international economic institutions. The common goods social movement in Italy was born out of the concerted action of a number of civil society groups combatting neoliberal privatizations. This commons movement, as will be argued in this paper, is an instance of one of the many struggles taking place throughout the world; from the Bolivian Andes to the Indian Himalayas, where local people are pushing out the state and predatory multinationals, and resisting the collusion of state and market actors to enclose common spaces and resources. These individual struggles for the commons are emerging as a transnational social movement challenging the top-down economic constitutionalism of the World Trade Organization (WTO), and in the context of Europe what has been dubbed the “troika” of the European Central Bank, the European Commission, and the International Monetary Fund (IMF). Part I argues that social movements are giving new life and meaning to the concept of popular sovereignty by challenging the assumptions underpinning the liberal constitutional form, namely of private property, and providing a much needed channel for political confrontation where parliamentary politics has failed to protect the public from predatory private actors. Part II offers a participant observation exploring the national constituent role played by the beni comuni social movement in upholding the protections and guarantees of the Italian Constitution. Finally, Part III attempts to describe the global commons movement as engaged in a form of bottom-up constitutionalism an emerging form of pouvoir constituant in a supranational constituent process of reclaiming commons from predatory multinational actors through bottom-up societal constitutionalism.

A regulação jurídica constitucional dos meios e a monopolização das transmissões esportivas

This is a presentation of results referring to a undergraduate research which analyze the legal constitutional regulation produced during the constituent process of 87/88 about the ownership of the media, in order to investigate the constitutional ban monopoly and oligopoly in media ownership. The research considers that this prohibition represents, as a consequence, a seal against monopolization and oligopoly in the transmission of information, assuming a plural and diverse market. Further considers that, notwithstanding the statutory prohibition, on the plane of reality some media companies monopolize certain sectors of the economy, controlling the flow of information, as can be seen in the recent issue about the monopoly of the broadcasting rights for the Premier League games Football Series by the Globo Television Network, a theme that will be used to justify the illegality pointed to the sector. In this sense, the research revisited the constitutional process in order to analyze the projects and legislative debates that led to the current constitutional regulation of ownership of the media, as well as analyzed the decision of the Administrative Council for Economic Defense (CADE) in relation to monopoly Globo broadcasts in the Brasileirão, Series A.

An approach to modeling and thermodynamic analysis of modern power engineering systems

An approach to modeling and thermodynamic analysis of modern power engineering systemsThe new efficient method of modeling and thermodynamic analysis of power engineering systems has been presented. With its help a comparison of different structures and investigation of the influence of a particular constituent process onto the whole system efficiency is possible. The shaft work or the exergy is the main thermodynamic quantity taken into account in analyses, and the appropriate dimensionless modeling parameter has been introduced.

Spain’s Multinational Constitution: a Lost Opportunity?

The Spanish Constitution of 1978 provid- ed an opportunity for minority nationalities within Spain to achieve a degree of political au- tonomy not shared by others within the state. During the constituent process, the non-Span- ish speaking national communities of Catalonia and the Basque Country were the only political entities demanding political autonomy to ac- commodate their national identities in the new Constitution. Today, after thirty years of demo- cratic and constitutional development, we can see that the possibilities offered by the Spanish Constitution to recognize and accommodate the multinational character of the Spanish state have been lost. This article examines causes of this failure to take advantage of the possibilities provided by the Spanish Constitution to pro- vide for asymmetrical political autonomy for minority nationalities.

Translating the mineral systems approach into an effective exploration targeting system

Holistic mineral systems approaches are being increasingly adopted in the study of ore deposits but application in industry has been suboptimal, because of the lack of a conceptual framework to help translate the mineral system understanding to practical application. A four-step process is proposed for linking the conceptual mineral system with data available to support exploration targeting. These steps include translation from (1) critical processes of the mineral system, to (2) constituent processes of the mineral system, to (3) targeting elements reflected in geology, and (4) targeting criteria used to detect the targeting elements directly or by proxy. This translation process is illustrated using examples from komatiite-hosted Ni–Cu–PGE and orogenic Au mineral systems. Ranking of targets must be at the critical process level, rather than the current practice of mixing processes, elements and proxies. The significance of targeting elements and their mappable criteria changes as a function of the scale at which the critical processes operate and the availability of relevant geoscience datasets. This scale dependence is rarely recognised in current practice. Sources of uncertainty when translating the mineral system understanding into an effective exploration targeting system include: (1) resolution of a mappable criterion in a dataset, (2) how well the targeting criterion reflects the targeting element, (3) how well the targeting element reflects the critical process and (4) whether the process being mapped is critical for the genesis of a mineral deposit. The first three sources of uncertainty collectively are termed the representativeness of the targeting criteria (i.e., how representative is a mappable criterion of the constituent process for which it is a proxy). The last source of uncertainty reflects our lack of understanding of the processes that control mineralisation, and highlights areas for further research.

Concrete Geometry: Playing with Blocks

AbstractThis article describes a design/build exercise conducted in an Architectural Materials and Methods class to achieve three interrelated objectives: (1) to apply physically the semester's theoretical focus on the constituent process and languages of architecture investigations, (2) to capitalise on the physical and aesthetic properties of concrete masonry to explore fabrication and detailing in the design process, and (3) to examine preconceptions about solo work and team work in architectural education and practice.What makes this project unique among other design/build projects is its emphasis on Concrete Masonry Units (known as CMU in the USA) and their visual, tactile and functional properties. The junior and senior students were allowed three building elements: an 8′ cube of space, an unlimited number of concrete blocks, and the visual ecology of a site. The structural vocabulary that Frank Lloyd Wright developed consisted of a three‐dimensional field of lines through which the solid elements of the building were located, enabling the voids to be integral to the whole and equally meaningful. Using these elements, students were asked to design/build temporary structures in a field next to the airport hangar on campus. The pedagogical objective was to adopt Wright's creative spirit, as opposed to quoting his architectural language.

Os Processos Constituintes de 1946 e 1988 e a definição do papel do Congresso Nacional na Política Externa Brasileira

Este artigo analisa os processos constituintes brasileiros de 1946 e 1988 no aspecto da definição constitucional do papel do Congresso Nacional na Política Externa. A Assembleia Nacional Constituinte de 1946 não apresenta grande interesse dos parlamentares pelo tema, ao passo que o mesmo não ocorre na de 1988. Contudo, existe uma grande diferença entre as preferências dos constituintes e as que foram registradas nas Cartas Magnas de 1946 e 1988. Esse fato decorre do contexto histórico no qual a ruptura com os governos autoritários militares mantém a estrutura hierarquizada do parlamento constituinte, no qual a Comissão de Sistematização seguiu a tradição do Executivo com papel preponderante na execução da Política Externa Brasileira.

The Birth of a Party: The Case of the Italian Partito Democratico1

This article discusses the birth of the Democratic Party in October 2007 through the merger of the Democrats of the Left and the Daisy. It examines the long history of the merger and the brief history of the constituent process, the new party's identity and organizational features, and the role it might assume in the party system. Our findings indicate: (a) that ethical and religious issues could hinder the building of a shared party identity and political culture; (b) that the party organization has to face the stratarchic imperative; and (c) that the electoral strategy, so important for the new party's birth, will also strictly condition its future, as indicated by its 2008 election performance.

On two graded manpower planning model

Control of manpower flows is an essential features of manpower Planning. To have a stable and efficient graded structure it is needed to study the constituent process of manpower system namely, recruitment process, promotion process and leaving process. In this paper we develop and analyse a two graded manpower planning model with open ended system. Using the differential equations the transient behaviour of the model is analysed. The system characteristics of the model like the average number of employees in two grades, the variances of the grade sizes and the covariance between the two grade sizes are derived through cumulant generating function of the joint grade size distribution. The sensitivity of the model is analysed through numerical illustration. The limiting behaviour of the system is also studied by deriving the joint probability mass function of the number of employees in the each grade under equilibrium. It is observed that the recruitment rates and promotion rates have tremendous influence on the grade size distribution.

Principios constitucionales y reforma de la Constitución

Numero 115 Enero - Abril 2006 Nueva Serie Ano XXXIX ISSN 0041 8633 PRINCIPIOS CONSTITUCIONALES Y REFORMA DE LA CONSTITUCION Enrique URIBE ARZATE * In this article the author puts forward a panoramic view on the possibility of taking steps towards an integral revision of the Mexican Constitution or of calling a constituent process in order to pass a new Constitution. Moreover, he explains the need to advance towards an integral amendment of the constitutional text, making a distinction between essential and non essential constitutional norms. In addition, he argues in favor of establishing the supremacy of fundamental rights, so that Mexico can have the proper tools in its Constitution to solve the problems in this area that may appear in the near future. The aim being the consolidation of a true Constitutional State. Descriptors:Constitution, constitutional reform, constituent power, fundamental rights. * Doctor en derecho por la UNAM. Profesor e investigador en la Facultad de Derecho de la Universidad Autonoma del Estado de Mexico. * Nota: Debido que la traduccion es automatica podra ser inexacta o contener errores.

Components of switching intentional set.

Despite the intuition that we can shift cognitive set on instruction, some behavioral studies have suggested that set shifting might only be accomplished once we engage in performance of the new task. It is possible that set switching consists of more than one component cognitive process and that the component processes might segregated in time. We recorded event-related potentials (ERPs) during two set-switching tasks to test whether different component processes were responsible for (i) set initiation and reconfiguration when presented with the instruction to switch, and (ii) the implementation of the new set once subjects engaged in performing the new task. The response switching (RS) task required shifts of intentional set; subjects selected between responses according to one of two conflicting intentional sets. The results demonstrated the existence of more than one constituent process. Some of the processes were linked to the initiation and reconfiguration of the set prior to actual performance of the new task. Other processes were time locked to performance of new task items. Set initiation started with modulation of medial frontal ERPs and was followed by modulation over parietal electrodes. Implementation of intentional set was associated with modulation of response-related ERPs.

Fabrication of 1 ×8 Multimode-Interference Optical Power Splitter based on InP Using CH4/H2 Reactive Ion Etching

1 ×8 multimode-interference (MMI) power splitters with a weakly guided ridge structure based on an InGaAsP/InP material for 1.55 µm operations were designed and fabricated. To determine the optimum etching condition of InP in CH4/H2 plasma for the formation of MMI power splitters, the effects of etching parameters, such as flow rates of constituent gases, rf power, and process pressure on the etch rate and surface morphology were investigated. The fabricated 3-µm-wide adjacent straight waveguides have propagation losses of 2.91 dB/cm at 1.55 µm for transverse electric (TE) polarization. The device performances in terms of the thickness of the upper cladding layer were theoretically and experimentally compared. The polarization dependence of the MMI power splitters was investigated. For TE [transverse magnetic (TM)] polarization, the excess loss of the devices at an operating wavelength of 1.55 µm was 1.02 dB (1.95 dB) and the splitting ratio was 0.68 dB (1.13 dB).