View Of Constitution Research Articles

Geography and ethics III: Description as a matter of moral concern

This report focuses on moral description. It considers how comparative practices often entangle moral geography in philosophical dilemmas, such as debates over moral relativism. Using examples from geographic work on language, algorithms, the appropriation of anti-colonial critique, and Indigenous data sovereignty, the report shows how and why descriptive praxis matters to accounts of moral geography. As the final installation of a three-part series of reports on ethics and geography, it draws together a broader critique of moral geography's initial distinctions and suggests a more constitutive view of ethics for geographic scholarship.

Конституційні принципи права Європейського Союзу

The article provides a comprehensive analysis of the role of constitutional principles of law in the process of legitimization and functioning of the European Union. The author emphasizes the problems of practical implementation and application of constitutional principles at the supranational and national levels. It is noted that a condition for the EU's stable development is to ensure its legal homogeneity, which implies that the Member States must comply with the basic principles of the EU's functioning and the provisions of two constitutional acts - the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The article adopts a limited view of constitutionalism, which covers only those principles that regulate (a) the grounds for legitimacy at the level of the European Union and (b) the relationship between the supranational and national levels. These principles are: vesting of powers, subsidiarity, proportionality, institutional independence, and delegated sovereignty. The analysis of the five constitutional principles leads to the following conclusions: The Treaties on the European Union and the functioning of the European Union are not called a "constitution," but they have all the features of a codified body of constituent legal acts; the European Union is established as a federation, although in all respects it is a confederation, since the source of its legitimacy is the principles of delegation, subsidiarity and proportionality; the only direct source of legitimacy in the EU is the European Parliament, whose powers are still limited in certain areas due to the general EU restrictions on issues such as common taxation. The EU has a lot of potential power, despite the fact that the principle of delegation of powers aims to limit its powers to an exhaustive list of competences; a more effective and formalized platform for adopting laws in policy areas that intersect supranational and national levels is needed; the current system of providing national parliaments with reasoned opinions on draft legislation is rather limited to achieve a balance between the legitimacy of the Union and national legitimacy for powers that are actually exercised.

Constitutional Views On LGBT (Lesbian, Gay, Bisexual, Transgender) Rights In Indonesia

In the present era, influenced by globalization, the Lesbian, Gay, Bisexual, and Transgender (LGBT) community is increasingly spreading worldwide. Unlike in the past when they were more discreet, they are now bolder and more vocal in expressing their existence. The most commonly cited reason is the assertion of human rights, with the argument that, based on human rights principles, they seek recognition and protection by the state in accordance with the constitution. This research aims to examine whether the rights of the LGBT community are protected by the constitution and what rights are specifically safeguarded. The results of this legal writing research indicate that the rights of the LGBT community as citizens are accommodated in Indonesian legislation, as evidenced by the principles of Pancasila, the Constitution, and other legal regulations. Similar to other citizens, the rights of the LGBT community encompass freedom, but they are also subject to obligations to comply with the legal system in Indonesia.

David Chalmers' ,,Simulation Realism" Eine Kritik

This paper aims to philosophically analyze the concept of virtual reality, and to determine the concept from an ontological point of view. The term "virtual reality" is often used synonymously with "digital simulation". In his recent book Reality+, David Chalmers has argued that according to virtual digitalism, "if we're in a simulation, our world is still real". He calls this position "simula- tion realism". Against this view I will argue that virtual reality and simulation should not be identified. Rather, virtual reality is a genuine kind of reality that has always been part of our life. To this end, I will analyze the ontology of virtual reality by using the example of banknotes and referring to Lynne Baker's "constitution view".

Parity constitutionalism

AbstractIn 2021, the Chilean Convention became the first constitution-making body with gender parity. However, the draft – which reflected many gender-related norms – was rejected by 61.89 per cent of voters in the exit plebiscite of 2022. In this article, we argue that although parity constitutionalism has promise and, in the Chilean case, was linked to gender-related outcomes in the constitutional text, parity’s promise may fail to materialize. We thus caution against a naïve view of parity constitutionalism as one of the key legacies of the 2020–22 Chilean constitution-making process.

The investigation with technology understood from the point of view of the Mathematics teacher for their practice

This article aims to explain how a technology investigation work is understood by a mathematics teacher willing to analyze the lived experience whitin this type of practice. Based on the lesson study perspective and a phenomenological view of knowledge constitution, within a group of teachers we discussed ways of working mathematics content with investigation tasks and the GeoGebra software. The teachers performed the tasks with their students and analyzed their lived experience. The discussions were recorded and transcribed, constituting data for a doctorate research conducted under a phenomenological qualitative approach. The results show that teachers understand that: students define research strategies and mobilize previous knowledge; technology favors the understanding of content and contributes to the expression of what is seen in the software; and the investigation carried out by the students subsidizes the reorganization of the teachers' actions.

Constitutional Design of Strengthening DPR Role in Forming, Changing, and Dissolving State Ministries in the Constitutional Views

As a country that maintains a presidential system of government, it is essential to concentrate on creating the framework and structure of government. This is closely tied to the establishment, evolution, and dissolution of such institutions. As a consequence, the President and the DPR will be capable of determining responsive and constitutional legal politics. This legal policy study focuses on how the growth and regulation of state ministries and state institutions were connected to the constitutional system's establishment, modification, and dissolution. Second, how can legal politics address this in a manner that seems to be constitutional? The objective of this study is to assess the arrangements pertaining to the formation, alteration, and dissolution of ministries and state institutions under the constitutional system in order to define the ideal political legislation.This research uses normative legal research methods with descriptive research specifications and is analyzed through library research and data analysis methods using juridical-qualitative. The results of the research and discussion in this study include: First, the arrangements regarding the formation, modification, and dissolution of ministries and state institutions do not yet have a clear legal basis so that the President as the holder of power, is irregular in issuing his policies. Second, the legal politics that was initiated wanted the Government and the DPR to be more synergized in terms of drafting legal considerations and normalizing them based on statutory regulations and principles in a presidential system of government.

Maintaining the Harmony of Man, Nature and God during the Covid-19 Pandemic: Perspectives on Environmental Philosophy

This paper examines the correlation between man, nature and the Creator (God) these three basic elements must be kept in balance. Between Environment, man and God are inseparable, that is, social, cultural, emotional, and ritual, spiritual relationships that are reflected in the religious-magical and cosmic communalistic principles. There is a very close connection between the environment (nature), man and God reflected in religious perspectives, views of customary law, ideology, and constitutional views, international law (international covenants, as well as approaches to environmental ethics (Biocentrism and ecocentrism). Therefore, the Environment (nature) is a Gift of God Almighty, as a source of life and livelihood, a means of equitable development, and a unifying element of the nation, as well as the Environment part of Human Rights. The COVID-19 pandemic gives a signal that there are problems in our relationship as humans with nature, in this case it arouses the function of environmental law as a field of law that regulates human relations with their environment to return to the philosophical aspects of human relations with the environment.

Informing a Nation: The Newspaper Presidency of Thomas Jefferson

Informing a Nation: The Newspaper Presidency of Thomas Jefferson

Virtuelle Realität

This paper aims to determine the ontology of virtual reality from a historical and systematic point of view. The term “virtual reality” is often used synonymously with “illusion”, “immersion”, “simulation” or “fiction”. Against this anti-realistic view, the paper argues that virtual reality is a genuine kind of reality that has always been part of our life. To this end, I will analyze the ontology of virtual reality by using the example of banknotes and referring to Lynne Baker’s “constitution view”. Finally, I shall attempt to define the term “virtual reality” from a philosophical point of view by distinguishing it from the concepts of simulation and illusion.

Hegel's Constitutionalism

This paper examines the historical, philosophical, and theoretical importance of Hegel's concept of constitutionalism by indicating its role in his theory of the modem state. Hegel's view of constitutionalism is distinct from contemporary applications of the term, is crucial to his uttempt to reconcile the diremptions of Modernity, and is used to forge an ethical community in the modern state.

Ancient Relativity: Plato, Aristotle, Stoics, and Sceptics by Matthew Duncombe

Reviewed by: Ancient Relativity: Plato, Aristotle, Stoics, and Sceptics by Matthew Duncombe Ian J. Campbell Matthew Duncombe. Ancient Relativity: Plato, Aristotle, Stoics, and Sceptics. Oxford: Oxford University Press, 2020. Pp. xii + 294. Hardback, $70.00. In this book, Matthew Duncombe argues that Plato, Aristotle, certain Stoics, and Sextus Empiricus each held a broadly "constitutive" view of relativity. According to constitutive [End Page 688] accounts, a "relative" (one relatum in a relation) is constituted by the relation that it bears to its "correlative" (the other relatum in that relation) (3, 14). Such treatments of relativity sharply contrast with more familiar nonconstitutive accounts, according to which standing in some relation suffices for being a relative. On such a view, versions of which many scholars have assumed to be at work in antiquity, Alcibiades counts as a relative because he is related to Socrates through the "is more beautiful than" relation. On constitutive views, by contrast, only items like "the more beautiful thing"—items that are such that being them depends only on bearing a relation to something else—count as relatives. This book argues that such a view, foreign and ontologically fine-grained though it is, underlies ancient philosophical thinking on a large variety of topics. Duncombe convincingly shows that a proper appreciation of this view allows us to make new progress on certain longstanding interpretive issues in the texts he discusses. The book's introduction distinguishes the constitutive account from several nonconstitutive ones and helpfully details some of the formal features of constitutive relatives. For instance: if x is relative to y, then (i) x relates only to y (exclusivity) and (ii) y is relative to x (reciprocity) (16–17). Chapter 2 then proceeds to show that these formal features of constitutive relativity are at work in a variety of passages in Plato. The varied nature of the passages Duncombe surveys makes for a strong initial case that Plato holds a constitutive view, but the exegetical value of the project becomes most apparent in the following two chapters, where Duncombe shows that an appreciation of constitutive relativity makes available attractive solutions to two major interpretive cruxes. In chapter 3, Duncombe shows that a constitutive account provides us with a reading of the "Greatest Difficulty" at Parmenides 133c–134e—a challenge to the theory of the Forms that has been described as "almost grossly fallacious" (52)—on which that argument is valid and does not beg the question against proponents of the Forms. The following chapter then considers Plato's argument for the separation of reason from appetite in Republic book 4. Duncombe first shows that the question whether this argument produces either too few or too many soul parts amounts to the question whether certain opposite relatives relate exclusively to the same thing. He then persuasively argues that, on Plato's constitutive view, the relevant opposites—thirst and aversion to drink—do so. However, as Duncombe points out in the conclusion of this chapter, this view about opposite relatives forms an inconsistent set with the two key formal features: exclusivity and reciprocity. Here I worry that Duncombe's "tentative" solution to that problem—that the linguistic expressions for correlatives in such cases are ambiguous (88)—undermines his elegant answer to the issues that this chapter set out to solve. According to such a picture, thirst relates to drink (relative to thirst), whereas aversion to drink relates to drink (relative to aversion to drink). However, on this view, although thirst and aversion to drink respect the formal features of reciprocity and exclusivity, they no longer appear to relate to the same thing, raising yet again the worry that the partition argument produces either too few or too many soul parts. Chapter 5 transitions to Aristotle and surveys his explicit treatment of various formal features of constitutive relativity in the Categories, Topics, and Sophistical Refutations. Duncombe's aim here is "exposition and problem solving rather than a diatribe in favor of the constitutive reading" (116), but a fuller, more polemical treatment of Aristotle's discussion of babbling in the Sophistical Refutations could have helped his case. After all, Aristotle's remark in that passage that "one ought not to allow that predications of...

민주공화국에서의 시민교육 — 포퓰리즘에 대한 헌법이론적 측면에서의 검토를 중심으로 —

Among several important constitutional principles, populist constitutionalism emphasizes the principle of popular sovereignty or popular sovereignty. The principle of popular sovereignty is not only an important ideology of democracy, but also an important ideology of populism. The principle of popular sovereignty in harmony with representative democracy accepts the principle of rule of law as an essential component, whereas the principle of absolute popular sovereignty pursued by populism seems to be incompatible with the principle of rule of law. This is where the incompatibility between populism and liberal constitutionalism begins. Although populism's critique of liberal constitutionalism provides a very important insight into structural problems in liberal democracy, populist constitutionalism ultimately leads to the completion of an authoritarian or dictatorial ruling system to maintain their permanent maintenance of political dominance. It poses a serious threat to democracy in that it seeks to justify it through constitutional amendment or constitutional enactment. As the legal-practical approach of populism, the instrumentalist approach holds that the legal values pursued by populism are determined according to how effectively they are useful as a tool for environmental domination that well explains and predicts current social phenomena. This instrumentalist approach can be seen to contain elements of an opportunistic and seditious nature within it. Paradoxically, using the instrumentalist approach of the populists to overthrow the liberal-democratic constitutional system and to realize their political programs, the most used tool is also the constitution. Populists criticize the liberal understanding of constitutionalism and the rule of law. Their critique is the constitutional control mechanism for political phenomena based on liberal constitutionalism. What they criticize is the control of politics through the rule of law, that is, the establishment of limits for political domains through the law, that is, the pursuit of depoliticization through the law. Populists prefer the theoretical approach for critique of liberal constitutionalism and the arguments formed through it, and they share and spread their opinions on it through various media as well as various media. Despite these populists' criticisms of liberal constitutionalism and the rule of law, the starting point of the constitutional evaluation of populism must be evaluated from the perspective of democracy and the rule of law from the point of view of the liberal constitutionalism they criticize. A democratic constitutional state attempts to find a constitutional theory formed within the framework of a constitutional system in the rule of law, as a clue to solving problems related to various domestic and international political phenomena such as populism. The principle of the rule of law, which has justice, legal stability, and proportionality as its ideological components, is a dynamic constitutional concept that can be continuously developed. Therefore, in relation to the continuous development of the principle of the rule of law and the guarantee of the possibility of formation, the constitutional order is newly formed and developed dynamically in the form of populism in the conceptual framework of the modern rule of law, which has been confirmed through the practice of law and the theory of law. What legal control standards can be established and suggested over the political realities that exist? Otherwise, a democratic constitutional state must be able to develop and develop a new constitutional interpretation that seeks an appropriate and balanced point that can accommodate constitutional-developmental constitutional policies based on populism to some extent within the scope of the constitutional order.

Constructivism in Kant’s theoretical philosphy

We set forth what one may call a “constitutional reading” in opposition to the traditional widespread “constructivist reading” of the object of cognition. In the light of the so-called one-object view reading of Transcendental idealism, the object of cognition is nothing but the object that exists in itself insofar as it appears to our cognitive apparatus. The object exists mind-independently, while our cognition of the same object must be mind-independent. The constructivist reading mistakes the epistemological problem of how we come to cognize mind-dependently that what we represent (“the constitutional view”) are mind-independent objects with the Berkelian ontological problem of how we construct objects out of an undifferentiated, unstructured manifold (the constructivist view) My diagnosis is as follows. The first reason is the traditional “two-worlds view” reading of Kant’s idealism: if we take what exists in itself and the object of cognition as distinct things, then we must conclude that the object of cognition is a mind-dependent construction. Constructivist readers mistake the mind-dependent nature of our human cognition of objects for the putative mind-dependent nature of the known object. The second reason is overintellectualization. Constructivist readers mistake the objectifying syntheses of the imagination, below the threshold of self-consciousness, for cognitive conceptual operations by means of which we cognize (erkennen) the objects of cognition, or so I shall argue.

Orchestrating Open Innovation through Punctuated Openness: A process model of open organizing for tackling wicked multi-stakeholder problems

Orchestrating open innovation initiatives characterized by frequent changes in stakeholders and activities can be a daunting task. As these initiatives need to adapt to the constantly changing requirements of the process, they can benefit from an open organizing approach that enables the direct participation of stakeholders, not only in the innovation process but also in its orchestration. Building on the constitutive view on open organizing, we argue that the interactions among various stakeholders can be orchestrated by an open organizing process complemented by elements of closure. However, determining when and how to deploy a closure to complement open organizing remains a practical and theoretical puzzle. We address this puzzle through a longitudinal field study of an award-winning open innovation initiative tackling the sustainability challenges of oceans. We show when and how temporary closures can catalyze the participation of diverse stakeholders across phases, while opening up the organizing process to participatory fine-tuning allows the orchestration to evolve with the changing requirements of the process. By emphasizing the temporal dimension of deploying closure in open organizing, we develop a process model explaining how punctuated openness—open organizing interrupted by moments of closure—can be used as an organizing principle.

Genetic Analysis of a Collection of Rice Germplasm (Oryza sativa L.) through High-Density SNP Array Provides Useful Information for Further Breeding Practices

Traditional breeding strategies mainly focus on the evaluation of trait performance, but pay less attention to the changing genetic background. A comprehensive understanding of the genetic diversity of germplasms is crucial for the deliberate improvement of specific traits. A collection of 154 highland rice varieties were collected as the initial genetic resource in our breeding program to improve the pathogen resistance and eating and cooking qualities. These varieties were analyzed using a whole-genome SNP array and were clustered into three groups. Further analysis revealed that the favorable alleles of pathogen resistance genes are mostly absent in our collected varieties. However, it showed that most varieties possess favorable alleles of Waxy (Wx) and ALKALI DEGENERATION (ALK), which are able to enhance the eating and cooking qualities. Moreover, only about one fifth of all varieties harbors favorable the allele of fragrance gene Betaine aldehyde dehydrogenase (BADH2). Together, these results give an overall view of the genetic constitution of the target traits, which provide useful information for future genetic improvement in breeding practices.

Changes in French constitutional views of immigrant Policy

우리나라는 다문화가정을 구성하고 있는 제1세대 및 제2, 3세대가 한국문화에 적응하여 차별 없는 삶을 살아갈 수 있도록 2008년 ‘다문화가족 지원법’제정과 이에 따른 계획을 수립하여 시행하고 있지만, 노력에 비해 결과는 신통치 못해 보인다. 왜냐하면, 우리나라(국민)의 외국인 및 그들의 문화에 대한 차별 및 부정적인 인식이 예전보다 감소했다고 하지만 여전히 단일민족 또는 한민족이라고 하는 사고가 남아있어 동화주의 관점에서 이민자 문화를 바라보고 있기 때문이다. 한편, 프랑스는 유럽의 대표적인 이민 유입국이며, 20세기 초반 이후부터 본격적으로 다문화사회로 진입하였다. 또한, 프랑스 사회는 우리나라보다 훨씬 더 다양하고 독특한 문화적 배경을 가진 다수의 외국인으로 이루어져 있음에도 동화주의 관점이 아닌 헌법상 다문화주의 관점에서 이들의 생활양식과 문화 등을 바라보려는 시도 중에 있다. 이러한 프랑스의 시도에서 우리가 참고해야 할 만한 점은 첫째, 프랑스는 초창기부터 이러한 문제를 단순한 사실적 관점이 아닌 헌법적 관점에서 바라보았다는 것이다. 둘째, 비록 프랑스가 근래에까지 헌법상 동화주의 관점의 정책을 시행하여 실패하였으나, 이민자 문화통합에 관해 때에 따라 필요한 파편적인 정책 수립 및 시행이 아닌 일관된 헌법상 관점에 따라 정책을 수립하고 시행하였기 때문에 헌법상 관점의 수정에 따라 얼마든지 신속하고 조화롭게 이민자 문화정책을 변경할 수 있다는 것이다. 셋째, 프랑스는 근래에 들어 현대화된 공화주의 관점 또는 다문화 공화주의 관점으로 눈을 돌리고 있다. 이는 더 이상 전통적 공화주의 해석에 따른 정책의 수립 및 시행으로 이민자 문화통합이 불가능하다는 것을 인식하였기 때문이다. 이를 종합하면 결론적으로 우리나라도 이민자 문화에 관해 원칙 없는 파편적인 정책의 수립 및 시행에서 벗어나 일관성 있는 헌법상 관점이 필요하며 이러한 헌법상 관점의 해석은 다문화를 인정하는데 최대 걸림돌인 단일민족의 헌법적 해석에서부터 출발해야 할 것으로 생각된다.

B.N. Chicherin on political parties: constitutional and legal view

B.N. Chicherin on political parties: constitutional and legal view

Origin of Sovereignty and Boundaries of Royal Prerogative in Tory Political Controversy in Great Britain in Last Third of 18<sup>th</sup> Century

The discourse on the nature and boundaries of royal sovereignty, which unfolded with the coming to power of George III in Great Britain, is considered. The key features and changes in the constitutional views of the Tories that took shape in the 60—90s of the 18th century are examined in the article. The relevance of the study lies in determining the nature and role of the discourse under study in the formation of a new Tory identity, concentrating on the integral role of the monarch. The novelty of the research lies in the emphasis on the religious component of this discourse, as well as in the use of church sermons as a special kind of source. At the same time, some excerpts of sermons are introduced into scientific circulation for the first time. It is emphasized that during the period under study, the Tory party did not have a political ideology, and the current policy was influenced by fears about the stability of the English constitution associated with the events in the North American colonies. The validity of the cautious approaches of the supporters of the critical direction in modern British historiography to the assessment of Tory identity in the last third of the 18th century is shown. The author’s assessment of how Toryism of the 60—90s of the 18th century reinterprets the experience of the “old Tories”, combining traditional respect for the royal prerogative with the recognition of the rights and privileges of parliament.

Legal Pragmatism and Presidential Power: A Case Study

This essay explores the differences between legal pragmatism and formalism as working forms of legal thought. After a short overview of pragmatism and a discussion of Louis Brandeis as an exemplar, it turns to the evolving caselaw regarding presidential removal. This issue has led to notable faceoffs between formalists and pragmatist, from Taft v. Holmes and Brandeis, to Roberts and Thomas v. Kagan. Because of their preference for bright-line rules, formalists have tended to oversimplify Founding era history and post-Founding practice. Pragmatist judges have provided more nuanced historical accounts and have tried to come to grips with the tradeoffs involved in issues of institutional design. The choice between these styles of thought is not inherently tied to differences in ideology or substantive constitutional views. Legal pragmatism has the potential, however, to connect judicial decisions to issues that are meaningful to the public, to provide more transparency into the reasons that motivate decisions, and to promote better dialogue among judges.