Constitutional Relationship Research Articles

John Bale, Imperial Monarchy, and the Reformation in Sixteenth-Century Ireland

Abstract The episcopal mission of Englishman John Bale to Ireland in 1553 provides historians with a unique window into the interconnected British and Irish histories of the early English Reformation. Scholarship on Bale has long explored his life and theology in all European theatres of the Reformation in which he was involved. Yet, key features of his mission and theology remain underappreciated. Building on recent work that has contextualized Bale’s Irish mission and ecclesiology within the imperial outlook of the Edwardian regime and Reformation, the article examines Bale’s mission against the worlds of English evangelical and continental Protestant political theology he inhabited, and the mingling of Henrician and Edwardian ‘reformist’ energies in Ireland with which it intersected and clashed. It argues that, under conditions of English colonial rule and empire in Ireland, Bale expressed a political theology that, imperial by circumstance and implication, turned his spiritual vocation modelled on Christ into a receptacle for divine and princely sovereignty that set rival conceptions of royal authority, idolatry, and Anglo-Irish constitutional relations against each other. Evangelical political theology thus acquired different hues on either side of the Irish Sea, with important implications for how we understand the early English Reformation across England and Ireland.

The significance of the social environment to achieve the efficiency of legal regulation constitutional legal relations

The purpose of the paper is to identify the problems of efficiency of legal regulation of constitutional legal relations, to study the impact of the social environment on the efficiency of legal regulation of constitutional legal relations, and also to make proposals for overcoming the problems of efficiency of legal regulation of constitutional legal relations. The paper examines the importance of the social environment for achieving effectiveness of constitutional and legal norms. The author considers the influence of legal awareness, relationship between political culture and implementation of constitutional and legal norms, and the role of economic factors in this context. The importance of legal awareness as a key factor influencing the implementation of constitutional and legal norms is investigated. According to the conclusions of this study, the formation of an informed and highly developed legal consciousness in the society is a prerequisite for successful implementation and observance of constitutional norms. The importance of political culture as a factor determining the attitude of citizens to the political system and legal norms is investigated. It is concluded that a high political culture contributes to the establishment of stability and trust in constitutional and legal norms, and facilitates their effective implementation. It is determined that economic factors can influence the implementation of constitutional and legal provisions through the impact on socio- economic living conditions. The work points to the need to take into account economic aspects in the formulation and implementation of constitutional and legal provisions to ensure their effectiveness. The social environment, such as legal awareness, political culture and economic factors, is key to the successful implementation of constitutional and legal provisions. The integration of these factors into the formulation and implementation of legal norms is strategically important to achieve the goal of a stable and effective constitutional system.

Nonlinear resonant analyses of graphene oxide powder reinforced hyperelastic cylindrical shells containing flowing-fluid

The resonant responses are investigated for the graphene oxide powder reinforced hyperelastic cylindrical (GOPRHC) shells containing flowing-fluid, and the shells are subjected to the radial harmonic excitations. Employing the improved Donnell's nonlinear shell theory, Halpin-Tsai model, hyperelastic constitution relation, velocity potential theory and Lagrange equation, the governing equation of motions are obtained for the GOPRHC shells containing flowing fluid. The amplitude frequency and force amplitude curves are presented by using the harmonic balance method and the pseudo-arc length continuation method. The effects of three distributions of the GOP, weight fraction of the GOP and fluid velocity on the natural frequency for the GOPRHC shells are discussed. The influences of different parameters on the dynamical responses for the GOPRHC shells containing flowing-fluid are conducted, including the external excitation, weight fraction of the GOP, fluid velocity and structural parameters. The results show that the GOPRHC shells with Hypere-X distribution containing flowing-fluid have the largest frequency. The super-harmonic resonance responses appear and present the synchronization effects with the primary resonant responses in the GOPRHC shells containing flowing-fluid. The increases of external excitations, fluid velocity, weight fraction of the GOP and structural parameters enrich the resonant responses for the GOPRHC shells. Compared to the fluid-filled hyperelastic cylindrical shells, the existence of the flowing-fluid makes the GOPRHC shells more prone to the chaotic vibrations. The hysteresis phenomena of chaotic vibrations occur in the GOPRHC shells containing flowing-fluid.

Религиозная безопасность как предмет конституционно-правового регулирования

The article analyzes the provisions of the Constitution of the Russian Federation and other normative legal acts on which security in the field of religion is based. The concept of “religious security” is considered, the need for its consolidation in legislation is noted due to the existence of serious threats in this area aimed at destabilizing constitutional and legal relations. Recommendations have been developed to minimize them by legal means.

TRIAL BY JURY AS A GUARANTEE OF LEGITIMATE DECISIONS: CONSTITUTIONAL, LEGAL AND ECONOMIC PRINCIPLES

The article is devoted to the analysis of the constitutional, legal and economic foundations of the jury trial as a guarantee of legal decision-making. The issue of jury trial remains extremely relevant in the context of building a democratic society and the rule of law. In accordance with the principles of separation of powers, a jury trial is an institution which ensures public control over justice and significantly affects the legitimacy of court decisions. The subject of the study is the constitutional and legal relations related to the functioning of the jury, as well as the economic relations closely related to it. The study of this topic is important for ensuring the effectiveness of justice, protecting human and civil rights and freedoms, and increasing public confidence in the judicial system. The purpose of the article is to analyse the constitutional and legal framework and economic principles underlying the jury trial and determining its role as a guarantor of lawful decision-making in the judicial system. The methodology of the article includes the method of analysis, comparative method, empirical method, method of synthesis and generalisation of results, and historical method. The results of this paper include an analysis of the role and significance of the jury in the legal system, the peculiarities of its composition and procedural functioning, as well as its impact on law enforcement and human rights protection. The publication analyses the constitutional and legal framework of the jury as a guarantee of legal decision-making. The authors analyses the domestic and foreign experience of using a jury trial, examines its advantages and disadvantages, economic factors and impact, as well as the legal acts regulating the activities of a jury trial, and the principles and procedures underlying its functioning. It is concluded that the historical context of the development of the jury trial demonstrates its significant role in the administration of justice. When defining the role and functions of the jury in the modern legal system, one can note its important impact on ensuring fair trial and protection of citizens' rights. However, there are problems and challenges that require attention, in particular, the issue of increasing the effectiveness and inviolability of the jury in practice. The conclusion of the study is that the institution of jurors is crucial for ensuring the fairness of justice and public trust, is determined by the constitutional principles of ensuring its independence, requires improvement of legislation, training of jurors and consideration of economic consequences for its further development, as evidenced by the results of the analysis and comparative methods with the European and American experience.

Ecocide in the dimension of the constitutional and economic law of Ukraine

The article reveals the concept of ecocide, its negative impact on constitutional and economic legal relations and the consequences of such an act, especially during the period of martial law. In fact, since the beginning of the war, we have been observing the purposeful destruction of the ecosystem, flora, fauna, industrial, energy and infrastructure facilities, natural resources and the environment of the country. These offenses directly encroach on the normal state of social and legal relations in the sphere of economy, on the right to a safe environment and on the preservation of the gene pool of the Ukrainian people. The author draws attention to the fact that in Ukrainian legislation the concept of ecocide is defined in the Criminal Code of Ukraine and the appropriate measure of punishment is provided, namely from eight to fifteen years of imprisonment. It is emphasized that this criminal offense encroaches on a wider range of social and legal relations, namely property, economic entities and objects, the social position of the population, the life and health of a person, his safety and integrity. This is a violation of the norms of the constitutional and economic law of Ukraine. The study concluded that the mass destruction of flora and fauna, forests, poisoning of water bodies, interference with the ecosystem of Ukraine has extremely socially dangerous consequences not only for Ukraine itself, but also for Europe (for example, many objects of the Emerald Network are under threat of destruction and they are protected at the pan-European level) and for the world in general (for example, the impact on the atmosphere, hydrosphere and biosphere of the Earth as a result of the use of weapons). Unfortunately, air pollution has no boundaries. The article emphasizes that it is military ecocide as a criminal offense against the environment that requires clearer and more detailed legal regulation in the national legal system as well as in the international legal field, and generally recognition of such an offense that encroaches on humanity as a whole. After all, ecocide can be equated to such criminal offenses as crimes against humanity and genocide.

Республика Татарстан во внешней политике России: от претензий на суверенитет к участию в продвижении общенациональных интересов

Introduction. The article analyzes the processes of transformation in the attitude of Russian regions toward international activities since the early 1990s. The study is based on the experience of the Republic of Tatarstan, in which the evolution of understanding the status and competencies of the federation subunits in the field of international activity took place in the midst of the complex internal political processes of the Russian statehood formation. Methods and materials. The paper uses a historical-system method and a political-scientific institutional approach to study the processes of the development of external relations in Tatarstan. It describes how the republic has played a part in the establishment of a contemporary model of international cooperation by Russian regions. The functional method is used for analyzing the interrelations that underlie goal-setting in the activities of regional authorities. Scientific works by domestic and foreign authors are used to form the analytical and conceptual tools of the research as well as to understand the regional level of international relations. Analysis. The first stages of the development of external relations for the Republic of Tatarstan took place in the context of the inclusion of the region into a renewed Russian state as a full-fledged subject of constitutional and legal relations. This occurred against the backdrop of the rapid growth of the ethno-nationalist Tatar movement. Emerging interaction with state authorities promotes the use of regional potential in the field of international activity for the implementation of certain areas of Russian foreign policy. Results. The practice of Tatarstan’s cooperation with international actors of various statuses and the creation of institutional, contractual, and legal foundations of external relations led to an understanding of the need for support from federal authorities for the effective use of external resources for the regions’ development. The experience of the Republic of Tatarstan, which, together with the whole country, went through successive stages of building federal relations and creating a modern model of international and interregional cooperation among Russian regions, confirms the conclusion that constructive interaction with the federal center is the basis for successful implementation of national and regional interests in the field of international cooperation in a dynamically changing foreign policy and foreign economic conditions. This is of particular importance in view of the ongoing attempts to undermine the unity of Russia from outside.

The Subject of Human Rights: From the Unencumbered Self to the Relational Self

ABSTRACT The divisive character of a large part of identity politics creates enormous challenges which have yet to be satisfactorily engaged with from within human rights circles. This article addresses an area of human rights theory and practice that is in urgent need of critical attention: the prevailing human-rights-based response to identity politics, namely recognition rights that eschew social class. I shall argue that human rights has vitally important contributions to make to protecting those who are vulnerable because of their self-affirmed or imposed identities. However, I shall also argue that human rights’ engagement with identity politics is significantly limited in key areas. Human rights remains deeply influenced by an overly individualist ideal of the individual rights holder, which limits its ability to effectively engage with what I see as a key challenge of our age: identity politics wielded in divisive ways. I shall argue that what is largely missing from human rights’ engagement with identity politics is an understanding of the subject of rights as relational. I will consider specific aspects of this failure to engage with the constitutive relationality of human agency and identity, before proceeding to outline three areas in which an acknowledgement of relationality can contribute to human rights incorporating identity politics in a more effective way. My article asks the human rights community to radically rethink and begin to reshape its efforts to engage with the challenge of identity.

Processes as variable embodiments

In a number of papers, Kit Fine introduced a theory of embodiment which distinguishes between rigid and variable embodiments, and has been successfully applied to clarify the ontological nature of entities whose parts may or may not vary in time. In particular, he has applied this theory to describe a process such as the erosion of a cliff, which would be a variable embodiment whose manifestations are the different states of erosion of the cliff. We find this theory very powerful, and especially appropriate to capture the intuition that the same process may go on at different times. However, its formal principles have been subject to some criticisms, mainly concerning the mereological structure of a variable embodiment. Moreover, since the notion of variable embodiment is very general, simply saying that processes are variable embodiments is not enough to understand their ontological nature. To address these concerns, in this paper we proceed in two phases: first, we propose a revised version of Fine’s original theory adapted to the case of processes, which adopts a classical mereology instead of Fine’s hylomorphic mereology, and a temporalized constitution relation in place of Fine’s function of variable embodiment; second, we go deeper into the ontological nature of processes by revisiting the notions of homogeneity, intentionality, and telicity discussed in the literature, and propose an account based on ontological principles and not on semantic properties of predicates. This allows us to organize processes into a novel taxonomy based exclusively on their unity and individuation principles.

Конституционное право на пересмотр судебных решений по уголовным делам: содержание, новые реалии

The article attempts a doctrinal interpretation of the provisions of Part 3 of Article 50 of the Constitution of the Russian Federation on the right of everyone to have a sentence revised by a higher court. The key properties of this subjective right, arising from the meaning of the Basic Law of the country, are given, and numerous legal positions of the Constitutional Court are analyzed, aimed at its consistent implementation in current legislation and law enforcement practice. The authors point to the obvious achievements of the domestic judicial system in ensuring the legality and fairness of acts of justice in criminal cases, and reflect on the current challenges of the current stage of development of constitutional and legal relations in the area under consideration.

Nonlinear vibrations of porous-hyperelastic cylindrical shell under harmonic force using harmonic balance and pseudo-arc length continuation methods

The resonant responses are investigated for the porous-hyperelastic Mooney–Rivlin cylindrical shell subjected to a radial harmonic excitation. Considering the higher-order shear deformation theory (HSDT), fourth-order strain-displacement relations are derived, which include the radial geometric imperfections varying along the thickness direction. Using the porous-hyperelastic Mooney–Rivlin constitution relation and Lagrange equation, the differential governing equations of motion are obtained for the porous-hyperelastic cylindrical shells. The resonant conditions are presented and the accuracy of the mathematical models is verified. The harmonic balance and pseudo-arc length continuation methods are used to obtain the amplitude-frequency and forced-amplitude curves. The stability of the solutions is analyzed by Floquet theory. The effects of the external excitation amplitudes, structure parameters and porosity infill parameters on the linear frequencies, amplitude-frequency responses and force-amplitude responses are discussed for the imperfect porous-hyperelastic cylindrical shells. The results show that the linear frequencies of the porous-hyperelastic cylindrical shells increase obviously as the uniform and sigmoid function porosity parameters reach the certain values. The increase of the structure parameters enhances the response amplitudes of the first-order mode and minified response amplitudes of the second-order mode. The decreasing porosity ratios weaken the softening nonlinear behaviors of the porous-hyperelastic cylindrical shells. With the changes of the external excitation amplitudes and structure parameters, the motion of the porous-hyperelastic cylindrical shell indicates that the synchronous vibrations occur with the period and chaotic vibrations alternately.

LOVE'S ARCHAEOLOGY: ETHICS AND METAPHYSICS BETWEEN IRIS MURDOCH AND WILLIAM DESMOND

AbstractCentring on human perception, attunement to others, and a transcendent conception of the good, Iris Murdoch's intervention in moral philosophy remains an insightful and evocative source for ethical theory. Discerning some pervasive dualisms that hamper its coherence and development, I suggest that her work finds a generative conversation partner in the contemporary metaphysician, William Desmond. Desmond's thought offers promising avenues to overcome these dualisms by repositioning the source and nature of value and by theorising an anti‐reductive, relational ontology. Staging a constructive encounter between these two thinkers that preserves Murdoch's distinct prioritisation of attention and individuality within a Desmond‐inspired metaphysics, I present a synthetic ethical approach that promotes the ideal of attending to an other—in the givenness of its particularity, manifold surplus, and constitutive relationality—as good in itself.

Numerical derivation of homogenised constitutional relation of mortar-less interlocking brick wall for dynamic response prediction

This paper introduces a homogenisation technique for dry-stacking interlocking masonry structures to improve the modelling and computational efficiency when such interlocking brick walls are subjected to blast loading. Based on periodic construction pattern, a representative volume element (RVE) is derived, whose equivalent material properties are determined through numerical modelling under different stress states. Nonlinear material properties and strain rate effects are both considered in the numerical simulations of the RVE. The hardening and softening behaviour of the RVE are analysed using compressive and tensile damage scalars based on the theory of continuum damage mechanics. To verify the suitability and accuracy of the obtained equivalent material properties, interlocking brick walls subjected to TNT blast loading, gas explosion loading and impact loading are modelled using the homogenised material properties. The results are compared with those obtained from detailed numerical models of the interlocking brick wall and the test data for the impact loading case. It is found that the developed homogenisation approach could significantly reduce computational resource.

The Constitutional Relationships Mandate Regarding the Implementation of Oil and Gas Investments in Indonesia

The meeting of interests between the Government of Indonesia (cq. The Unitary State of the Republic of Indonesia) and investors in the field of oil and gas investment in Indonesia is a meeting with relatively different final objectives, but business cooperation that complements each other creates synergies, and is mutually beneficial for each other’s interests, according to a mutually agreed-upon agreement or contract. This study will investigate the relationship between Indonesian constitutional mandates and the implementation of oil and gas investments. According to the 1945 Constitution of the Republic of Indonesia and Pancasila, the study demonstrates that natural resources (SDA) are capital for national economic development. Based on Pancasila and the 1945 Constitution of the Republic of Indonesia, the development of the national economy is a part of the endeavor to realize the just and prosperous welfare of the people.
 Keywords: constitution, national economy, oil, gas

On Separating Data from People: Reflections on Indigenous Digital Exhaust, Transparency, and Constitutive Relationality

ABSTRACT This essay invites readers to think through the carelessness and care-lessness of data extraction regimes under surveillance capitalism with regard to notions of care produced with and against these systems. It does so by first narrating Joanna Radin’s analysis of how the Akimel O’Odhum came to be separated from their data as “exhaust,” despite the indigenous data sovereignty movement. It then shifts registers to spotlight the kinds of care evident under datafied logics of transparency in organic cotton supply chains in the Global South, contrasting it with the holistic and constitutively relational care articulated by indigenous communities who produce cotton. It concludes by arguing for the ethical and political urgency of enacting practices that center the relation and connectedness between people, place and data.

Religious Consciousness in Education: A Constitutional Relationship in the Greek Context

Religious Consciousness in Education: A Constitutional Relationship in the Greek Context

Constitution and Development of Constitutional Analysis

The implementation of the Constitution as a whole, its principles and individual norms is preceded by their awareness by the subjects of constitutional legal relations. In most cases, it has a stereotypical character, which is based on the repeatability of these legal relations, established traditions in the sphere of exercising power. However, in connection with the development of new legislative solutions, the identification of serious, socially significant problems in law enforcement practice, “semantic forks” inevitably arise, which require turning to the search for non-trivial constitutional solutions, justifications and assessments of the constitutional meaning of legal norms. In these situations, it is not enough to rely on the customs that have developed in the course of legislative and law enforcement practice. A systematic analysis is required aimed at clarifying how fully, consistently and consistently constitutional principles and norms are implemented, and whether the proposed solutions create a legal reality incompatible with the requirements of the Constitution and its doctrinal interpretation. These tasks are solved within the framework of constitutional analysis, a mental activity involving a combination of scientific and practical knowledge. Constitutional analysis is a comprehensive scientific method that combines both the beginnings of formal legal, doctrinal analysis, and concrete historical, comparative legal and political analysis. A critical constitutional analysis makes it possible to correct deviant law-making and law enforcement practices. Thus, constitutional analysis is a necessary element of the mechanism for the implementation of the Constitution and, in general, the development of the country's legal system.

The state as a special subject of constitutional and legal responsibility

The article focuses attention on the role of the state in the implementation of Ukraine's foreign policy course - the acquisition of full membership in the European Union and the North Atlantic Alliance, as well as on the role of Ukraine in international cooperation aimed at preserving, maintaining and restoring peace, developing respect for human rights and fundamental freedoms to all. Attention is focused on the types of subjects of constitutional and legal relations, among which a separate group is the state, state authorities and local self­government bodies, their structural formations, in particular the parliamentary majority and the parliamentary opposition, parliamentary factions, committees, etc.; deputies, officials and officials. Attention is drawn to the common features of constitutional and legal responsibility and legal responsibility (responsibility is a consequence of an offense; it is related to the implementation of sanctions established by law). Emphasis is placed on the established doctrinal approach to the concept of constitutional and legal responsibility.
 Part 2 of Art. 3 of the Constitution of Ukraine according to which the state is responsible to the person for its activities, as well as the provision «affirmation and provision of human rights and freedoms is the main duty of the state» and Art. 9, part 2 of Art. 55 of the Constitution of Ukraine, which guarantees everyone the right to appeal in court decisions, actions or inaction of state authorities, local self-government bodies, officials and officials, part 5 of Art. 55, which guarantees everyone the right, in particular, to apply to the European Court of Human Rights with an individual application against the state, art. 56 of the Constitution of Ukraine, which guarantees everyone the right to compensation at the expense of the state or local self-government bodies for material and moral damage caused by illegal decisions, actions or inaction of state authorities, local self-government bodies, their officials and employees in the exercise of their powers, the Convention on protection of human rights and fundamental freedoms, the Law of Ukraine «On the Implementation of Decisions and Application of Practice of the European Court of Human Rights», doctrinal approaches. Attention is focused on measures of a general nature.
 The article argues that the state is a special subject of constitutional and legal responsibility. It is emphasized that the state bears constitutional and legal responsibility in the event of non­fulfillment of its obligations, if as a result of this harm is caused to anyone.

Understanding the term "constitution" in the period of ancient Rome

It is indicated that the constitution in the modern state is the basis of the legal system, that is, it determines its normative component (legislation and other sources of law), as well as the system of state institutions, legal ideology, and legal consciousness. Thus, the Constitution defines the entire paradigm of constitutional and legal relations in one or another period of state development. At the same time, the transformation of ideas about the content of the constitution also reflects social and political processes.The article is devoted to the study of the process of formation and development of constitutionalism, the understanding of the term “constitution” and the idea that philosophers invested in this concept, looking for a better model of a stable political system of the state. The article analyzes the term “constitution” in historical retrospect and how it correlates with the understanding of constitutionalism in modern legal literature. The homeland of constitutionalism was the ancient Greek polis, and the main theoretician in this field was Aristotle, who, based on the study of the constitutions of the polis of his era, came to the conclusion that the best model of a constitution is a mixed constitution, since it is this model that guarantees a stable political system. An example of a mixed constitution was the constitution of Sparta. According to the opinion of Polybius and Cicero, the model of a mixed constitution was characteristic of Ancient Rome as well. The model of the mixed constitution was accepted by modern constitutionalism as a guide.The article concludes that the constitution in a narrow sense was understood as an institutional arrangement with an indication of who has access to governing bodies and can participate in decision making. Thus, it was about state management. The constitution, in a normative sense, was designed to adapt a just system of government to the nature and purpose of the community of citizens.

Trends in Modern Ukrainian Constitutionalism in the Context of Globalisation

Constitutionalism is the most progressive political and legal system, which is substantively and functionally adapted to the effective development of Ukraine as a democratic, rule-of-law State and a full-fledged member of the European community, and therefore it is theoretically justified and practically necessary to identify the main trends in the development of Ukrainian constitutionalism in the context of globalisation challenges of the modern world. The most important areas of Ukrainian constitutionalism that correspond to the political, economic and social aspects of globalisation are: political science, internationalisation, economisation, socialisation, humanisation, environmentalisation, informatisation and digitalisation. The politicalisation of constitutionalism is expressed in the influence of political ways and means on constitutional and legal relations, in particular, in the area of organisation and functioning of the state authorities and civil society. This tendency is associated with the internationalisation of the system of constitutionalism, which is expressed primarily in the convergence of national constitutional law with public international law. The trend towards the economisation of constitutionalism means the process of formation and functioning of a constitutional, socially oriented economic organisation of modern society and the State with a view to ensuring economic freedom of a person. Economic freedom can only be ensured by a system of economic relations based on the principle of economic diversity, including recognition of the diversity of ownership forms, freedom of entrepreneurship and an effective economic system of the state. Socialisation, as a trend of constitutionalism, is manifested in the socialisation of the constitution and constitutional law in general. This is reflected in the formation and development of a social state whose policy has a priority social orientation, which is expressed in the state’s service to civil society - an association of free and equal people and their associations, in the state’s provision of human rights and freedoms. The trend towards humanisation of constitutionalism characterises the development of its system from the perspective of the «human dimension». This trend is of particular relevance in the current conditions of war, when a person needs special protection from the state. The globalisation of environmental issues determines the trend towards the greening of constitutionalism. In Ukraine, this trend is manifested, first of all, in the creation of a system of environmental legislation aimed at regulating relations in the field of interaction between society and nature. The trend towards informatisation of constitutionalism is manifested in the processes of creating an informationbased national society and an effective legal framework for Ukraine’s transformation into a digital state. Hence, the digitalisation of the State and society determines its digitalisation as an independent trend of constitutionalism. The above list of constitutionalism trends does not claim to be complete and comprehensive. The main directions of its development may change or be supplemented with new ones, since constitutionalism is a modern political and legal system which is always on time. Key words: constitutionalism, globalisation, trends in the development of constitutionalism, political science, internationalisation, economisation, socialisation, humanisation, environmentalisation, informatisation, digitalisation.