Concept Of Constitution Research Articles

Interrelationship between Civil Society and Public Power in the Context of the Concept of Delegation of Power by the People

The main thesis of the study is the need for a doctrinal and rule-making transition from the opposition of civil society and public authorities to the understanding of their organic unity as an important element of modern constitutionalism. The subject matter of the paper is considered in the context of the constitutional and legal concept of responsible delegation of power by the people, the key aspect of which is a personal responsible attitude of a citizen to participating in the modern rule of the people which lies within the area of legal culture and legal awareness. The delegation of power by the people, in addition to elections, referendums and forms of representative democracy, is also associated with active participation in modern organizational formats that allow citizens to convey their will, standing, and initiatives to public authorities. These formats are the institutions of civil society that constitutes a communicative environment for achieving harmony, amity, stability and unites independent-minded responsible citizens who contribute to the development of society and the state.The paper provides recommendations based on the systemic interrelation between the phenomena under consideration: 1. within the framework of the concept of responsible delegation of power by the people, to consider civil society as the most important space for constructive dialogue of the people — the bearer of the constituent power with the public authorities established by it; 2. in strategic planning documents, to strengthen the vector for permanent systemic interaction between public authorities at all levels with civil society institutions based on priority goals of joint resolution of national tasks, promotion of national interests, improvement of the system of guarantees of human rights and freedoms; 3. for public authorities, to use the potential of civil society institutions to a greater extent to organize public discussions of projects of socially significant decisions and regulations.

Role of the constitutional courts and ECtHR in shaping negotiated justice mechanisms

The article analyses the role of constitutional courts of Germany, France and Italy in shaping negotiated justice mechanisms in these countries with regard to their procedural and – to some extent – substantive fairness as well as the role of the ECtHR in establishing common standards of fairness of such settlements. In each of the analysed countries, as well as in the case law of the EctHR, it was frequently questioned whether institutions similar to plea bargaining are conform to continental constitutional concepts as well as the standard of the fair trial derived from the ECHR. The role of constitutional courts and the ECtHR in shaping fairness of criminal justice settlements has been non-negligible, although differed in compared legal systems: in France and in case of ECtHR it has rather been a controlling one, whereas in Germany and Italy significant tensions between constitutional courts and the legislature as well as lower courts have arisen and had to be resolved.

URGENSI PENERAPAN KONSEP GODLY CONSTITUTION (KONSTITUSI DENGAN NILAI KETUHANAN) DALAM PENGUJIAN PERKARA KONSTITUSIONAL DI MAHKAMAH KONSTITUSI

The study of the constitution could not be covered by the scope of rechstate only, but also compare it with pancasila. To strengthen godly values in the concept of the constitution, we should understand the constitutional concept which follows the rule of law with basic type of the country and nationality (such as culture, religion or norms). To compare it, we have to discuss a more significant idea about the state. This research promoted to explain about the extent of religious content as well as prime religion which recognized on the constitution in order to Judicial review process in Indonesian Constitutional Court, by using normative legal research. Finally, this research describes how important the religion concept (in each manuscript) to the body of the constitution, to reach “the living constitution” and to show the other side of the godly values with various theories of laws especially from the Indonesian constitutional court as the guardian of ideology.

LANGUAGE WITHOUT A LAND: PARTITION, SINDHI REFUGEES, AND THE EIGHTH SCHEDULE OF THE INDIAN CONSTITUTION

Scholars have paid significant attention to the linguistic reorganisation of states in India but there is less consideration of how the demands of linguistic movements to redraw the map of India is linked to the history of partition across the colonial-postcolonial divide as well as of the new minorities that linguistic states created. This article draws attention at first to the unsuccessful pre-partition resistance of Sindhi Hindus to the separation of Sindh from the Bombay Presidency on linguistic lines as separation would make them a religious minority. The article then discusses Sindhi resettlement in India as deterritorialised partition refugees, when they had to claim belonging in the context of reinvigorated calls for the redistribution of boundaries based on linguistic majorities. As an alternative to territorial representation, Sindhi refugees successfully sought inclusion in the Eighth Schedule of the Constitution of India, a list of officially supported languages meant originally to enrich Hindi. This history reveals how partition and partition's refugees reshaped constitutional conceptions of minority citizenship in a manner not yet acknowledged. The inclusion of Sindhi in the Eighth Schedule transformed the Schedule's primary purpose from that of augmenting Hindi to additionally conferring protections to a group of minority languages. The Sindhi demand for inclusion paved the way for other minorities whose linguistic identity did not necessarily map neatly on to a geographically defined state to claim recognition in the Schedule. This opened a new but limited option for constitutional safeguards for linguistic minorities without a linguistic state in India.

Clinical Prediction of Type 2 Diabetes Mellitus (T2DM) via Anthropometric and Biochemical Variations in Prakriti.

Type 2 Diabetes Mellitus (T2DM) is a complicated multifactorial illness involving hereditary and external environmental variables. The symptoms typically appear gradually over a number of years without realizing it. This viewpoint is further supported by the Ayurvedic constitution concept (Prakriti). Prakriti explains the biological variability that is observed in different individuals. This study was conducted a retrospective investigation to examine if there was a link between type 2 diabetes and an individual’s constitution based on anthropometric and biochemical characteristics. Physical and mental characteristics and anthropometric and biochemical markers were used to determine reported cases’ prevailing Dosha Prakriti (constitution). Based on biochemical and anthropometric data, significant differences in Prakriti were found between the case (T2DM patients) and control (person without diabetes) groups. The incidence of numerous secondary problems linked with T2DM patients was also evaluated according to their Prakriti types, which revealed a positive relationship. The three primary contributing parameters, such as waist-hip ratio, postprandial blood sugar, and serum creatinine, were correctly classified all person with or without diabetes subjects to 90.6% of the time, whereas the constitution-wise study classified person with diabetes and without diabetes individuals of Pitta and Kapha Prakriti to 94.3% and 90%, respectively. A discriminant function was created to predict a person with diabetes and without diabetes based on these three contributing factors. The primary contributing biochemical parameters discovered by Prakriti in the current study could be used as a biochemical disease diagnostic for predicting type 2 diabetes susceptibility.

Alternative Masculinities in Feminist Speculative Fiction: A New Man by Michael Pitts

Reviewed by: Alternative Masculinities in Feminist Speculative Fiction: A New Manby Michael Pitts Ezekiel Crago Manhood Revised. Michael Pitts. Alternative Masculinities in Feminist Speculative Fiction: A New Man. Lexington, 2021. 174 pp. $95 hc, $45 ebk. Michael Pitts's Alternative Masculinities in Feminist Speculative Fictionis a book that needed to be written. It sheds light on a body of work underappreciated for its critique of hegemonic masculinity and its effects on society. Pitts traces the development of this critique over several decades as it evolves along with feminist discourse, becoming more intersectional and historically situated. He argues that "gender and national identity are mutually constitutive concepts" (1), using Todd Reeser's theory of a "gendered nation" (7). The novels analyzed in the book help to question how these concepts and identities are produced using a feminist utopia as a lens. This is a "critical utopia, for feminist writers seeking to critique masculinities in ways not available to them by realist fiction" that limits utopian imagining, instead "imbuing it with revolutionary feminist reframings of the good society" in which these writers imagine "the transformation of masculinities" (4). Pitts begins his exploration with novels published in the early 1970s that were "utopias directly opposing normative masculinities, [and] they outline the changes masculinities must undergo for the better, feminist society to be realized and, while challenging essentialism and the overlooking of race and sexuality within feminist circles, generally reflect second-wave feminism" (8). The first chapter discusses Dorothy Bryant's The Kin of Ata Are Waiting for You(1971), a novel that offers the presumed sf audience of young men a cautionary tale about toxic manhood. It traces the transformation of a man who ascribes to hegemonic patriarchy, telling how he learned to perform and identify with a healthier, feminized masculinity that cares for others rather than only himself. He begins as an exploitative, rapacious bully who, through his encounter with a feminist utopia, develops empathy and compassion along with an ethics of care. Pitts argues that this novel represents the possibility of men learning alternative masculinities. The second chapter moves on in the decade with an analysis of Ursula K. Le Guin's The Dispossessed(1974). This novel poses the ever-present danger of hegemonic manhood by showing how enticing capitalist patriarchy is for [End Page 190]men, offering privilege and power to the violent, dominating manhood it validates. This book, according to Pitts, usefully shows how vigilant men must be to avoid performing this version of manhood through the novel's depiction of a man raised in a feminist utopia with no division of genders who is seduced by a society similar to the contemporary US, which offers power over others. The third chapter examines Marge Piercy's Woman on the Edge of Time(1976). Pitts notes that this novel crucially pivots from a focus on men to a story about a Latina woman, depicting how she must navigate systemic racism and patriarchal authority in both domestic and institutional medical settings, contrasting this with a feminist utopia in a possible future. This future is threatened by another possibility presented as a hypermasculine future that further subjugates women, rendering them into commodities to be rented by wealthy men. The novel is intersectional in its exploration of subjugation and offers a choice of futures between feminist and hypermasculinist. The fourth chapter discusses Octavia Butler's X enogenesistrilogy (1987-89), expanding on the discourse of intersectional feminism with a post-apocalypse protagonist, Lilith, a Black woman rescued by an invasive extraterrestrial colonizing species to enable them to breed a new hybrid species of humans and Oankali, as they call themselves. These novels, as Pitts explains, radically reimagine gendered and racialized social positions after our contemporary society has been eradicated by nuclear war. Ultimately, they posit a possible feminist utopia founded by Lilith's hybrid child, a non-binary human/Oankali/Ooloi who plays the role of a third crucial sex for reproduction of the species and mediates sexual contact between male and female. Throughout the series, Lilith and her brood must struggle against holdout groups of patriarchal authority, often by defending against violence while at the same time navigating their subjugation...

Parliament v. Courts: Who has the Final Word?

Abstract Ludovika – University of Public Service, Faculty of Public Governance and International Studies organized an international online conference on 29 November 2021 on the justiciability of parliamentary procedures. As part of the conference, four presentations were given, focusing on the issue of legal remedies against parliamentary proceedings and the lack thereof. In this context, the speakers reflected on the question of whether the justiciability of parliamentary procedures is a threat to the rule of law or a necessary element of it, and on the question of how a constitutional court can become an arbitrator in political conflicts and how does it shape the constitutional concept of parliamentarism. The presentations provided a comprehensive overview of the Hungarian, Austrian, Italian, and Czech practices. The conference was moderated by Zsolt Szabó, Senior Research Fellow at the Ludovika – University of Public Service and the Editor-in-Chief of the International Journal of Parliamentary Studies.

Can the constitution be saved?

AbstractI reply to William Hasker's ‘The Trinity as Social and Constitutional’, continuing our debate over the use of the metaphysical concept of constitution to explicate the Christian doctrine of the Trinity.

Governance of economic constitution in a critical argumentation

The research aims to analyze the governance of economic philosophy by analyzing the relationship between the economic constitution and the philosophical-ideological reflection of Pancasila in critical argumentation. Economic globalization requires countries to adapt. In practice, the adaptation process can lead to the manifestation of personal and group interests, even if it is not in accordance with the economic needs of the people (Èernius, 2012). The anticipation is that the government will emphasize the position of Pancasila as the main catalyst in the economic constitution. The study was conducted using a normative juridical approach with selected sources of legal information utilized. The analysis technique was conducted using a qualitative design. The results of the study found that the economic constitution has a relationship with philosophical reflections in the form of the basic philosophy of Indonesia’s economic development and conformity with the ideological reflection of Pancasila as the state ideology (Sinaga & Putri, 2021). Moreover, the economic constitution as a philosophical-ideological reflection of Pancasila is realized through the conception of an economic constitution with a religious perspective, an economic constitution reflecting the national identity, a people-based economic constitution, and an economic constitution aimed at improving welfare.

Constitutional principles of the delegation of power by the people in the Russian Federation: the search for a concept

The article examines the constitutional principles of the delegation of power by the people, the source of which it is. The author's methodological vision of the approach to the study of the foundations of the constitutional and legal concept of delegation of power is presented, the analysis of the essential interrelations of the key concepts that make up its terminological base: the will of the people, people’s sovereignty, power and the process of delegation is carried out. In the context of the topic under study, the forms of direct expression of the power of the people and the prospects for their development are considered. The author’s concept of responsible delegation of power is proposed for further research and scientific discussion, which includes socio-psychological aspects of the personal attitude of citizens to building a system of public power at all its levels and assumes a constant constructive dialogue between government institutions and society

Climate change protests and a liberal rights approach in South Africa: Pitfalls and potentials

The need for states and civil society to contribute to the global response to climate change is an important feature of international climate change instruments and literature. While states are duty-bearers of rights for all, protests are a historic strategy of civil society to demand accountability and foster societal change. The protection of protests is not specifically guaranteed under human rights law, but its inferred legal basis and scope reflects the liberal tradition, where Dworkin’s right-based theory on the tension between individual rights and the collective or societal goal is significant. This tension is expressed in South Africa, a developing country, where the liberal rights tradition has played a major influence on the formulation and application of rights and their legal limitations. The challenges which may result from this tension for climate-related protests are rarely clarified and the way in which these challenges may be addressed has not been carefully articulated. Employing Dworkin’s liberal rights as a basis of analysis, this contribution demonstrates how the tension between collective goals and individual rights may generate challenges in climate change protests. It then highlights key constitutional concepts associated with rights that may be helpful in addressing the drawbacks in South Africa.

Constitution and Crime: Theory of Criminalisation in the Light of the Constitutional Concept of Ultima Ratio

Constitution and Crime: Theory of Criminalisation in the Light of the Constitutional Concept of Ultima Ratio

Биометрическая идентификация в Интернете: тенденции правового регулирования в России и за рубежом

The past few years saw the world's increased interest in biometric identification of Internet users. Biometric data differ from other identifiers: they are immutable and inalienable from their carriers, so any theft (including as a result of leakage) can lead to irreparable consequences. The aim of the article is to study the legal regulation of online biometric identification and processing of biometric data in the United States of America, China, and the European Union, as well as to assess the Russian legal regulation of this area in the light of world experience. For this, the authors use a comparative legal methodology. Each of the cases selected as research material illustrates one of the three regulatory models the authors identified. Each of the models is based on a certain constitutional concept of establishing a balance between users' private interests, on the one hand, and public interests, on the other. The US regulatory model is based on the establishment of minimum government guarantees of human rights observance in the processing of biometric data, while operators of Internet platforms remain with wide discretion in determining the procedure for processing biometric information. The Asian model, implemented, in particular, in China, proceeds from the priority of public interests over the privacy interests of individuals. States that implement such a model in their national legislation form centralized databases of subjects' biometric data, actively involving private Internet service providers in this process. The European model, which is based on the General Data Protection Regulation adopted in the European Union, on the contrary, proceeds from the recognition of the priority of the interests of the individual over public interests, establishing for this purpose strict rules regarding the processing of biometric data by Internet service providers and making it almost impossible to create centralized databases for accumulation of such information. Analyzing the trends in Russian legislation, the authors come to the conclusion that legal regulation in Russia tends to the Asian model and note that its implementation is associated with significant risks to human rights and freedoms, including in connection with data leaks from biometric databases. The emphasis is made on the fact that Russia, unlike Asian countries, is a member of the Council of Europe and is bound by the human rights standards laid down in its international documents. These standards should be taken into account when legislating in this area.

Arah Politik Hukum Nasional Terhadap Kesejahteraan Sosial Dalam Kerangka Konstitusi Ekonomi Di Indonesia

Economic constitution has become a new idea within the constitutional framework as the basic foundation for the development of the national and global economy. National economic policies in the context of realizing social welfare must be able to guard and control the national economic system. Apart from the legal politics policy and the government's power in determining the direction of national policy, the conception of the economic constitution as the basic foundation must be realized. This study intends to describe the politics of national law and the concept of economic constitution in realizing social welfare. This research method uses normative juridical research using an exploratory descriptive analytical approach. The characteristics of national legal politics in practice still influence the realization of national economic policies, even though it has implied the concept of an economic constitution in the 1945 constitution. Social welfare, which is the goal of the state, becomes a political tool for national law through a national economic system that cannot be separated from political power.

UNCONSTITUTIONALITY OF CONSTITUTIONAL SHARIA AND CADI COURTS IN NIGERIA AND THE GAMBIA: DISCRIMINATORY TOOLS IN THE LEGAL PROFESSION

The dichotomy of justiciability and non-justiciability of Preamble of a Constitution is resolved in Carl Schmitt’s constitutional theory of absolute, relative and positive concepts of Constitution. These concepts established the constitutional theory: constitutional laws are valid first on the basis of the constitution and presuppose a constitution. This research synthesised the theory to realise the twin factors for validity of constitutional laws (constitutional provisions): peoples’ participation and the Preamble – fundamental political decisions of the people. In addition, the juxtaposition of the twin factors vis-à-vis the constitutional provisions of Sharia and Cadi Courts in Nigeria and The Gambia revealed the following findings, that – constitutional provisions of Nigeria Sharia Courts of Appeal lack validity; The Gambia 1996 referendum exercised for Cadi Court establishment was in futility; constitutional provisions on expansion of Cadi Court’s jurisdiction and establishment of Cadi Appeals Panel in 2001 lack validity; Nigeria is a secular state by virtue of her Preamble while The Gambia is a secular state on the basis of the constitutional theory; and, all legal practitioners in Nigeria and The Gambia are not equal before constitutional laws for qualifications for employment as Qadi or Cadi and Grand Qadi in the Sharia and Cadi Courts of both jurisdictions.

Environmental Management and Protection Based on The Green Constitution Concept

This study aimed to analyze the green constitution concept as the basis for environmental protection and management in Indonesia. Various problems that occur such as natural disasters, ecosystem damage, and global warming raise concerns and ecological awareness. The problem discussed in this research was what is the importance of implementing the green constitution concept and how it is applied in Indonesia. This research was normative legal research using secondary data. Based on the results of the study, it was concluded that it requires sustainable development-based development for the sustainability of human life, as well as other living creatures on earth. The program is in line with the concept of the Green Constitution. This concept has been embraced by several countries, including Indonesia,the Green Constitution concept is adopted in Indonesia with recognition to the concept in the Constitution of the Republic of Indonesia, which is then relegated to laws and regulations under it.

Transformative Constitutionalism: Integrating Social Reforms with Human Rights

The notion of constitutionalism is a philosophy derived from our constitution, which is a very living and organic document, evolving day by day by its new interpretations, judgements of the courts, amendments; keeping in mind the public morality, rule of law, and the ideals and morals. The best definition of it is construed by Prof. Upendra Baxi who says that the constitution is not all about governance, but is about the equity, rightness, autonomy and human rights, which is paramount to our democracy. This article has been jotted down in order to focus on the true meaning of constitutionalism, the human rights; its elements; the judiciary’s role and the rationality. The paper is based on an analysis from the various law reviews and showcases the in depth qualitative study. The research is based on the doctrinal method whereby the statutes, case laws and judgements have been interpreted and probed. It tries to understand the concept of transformative constitutionalism proved as an important instrument in creating a space for equitable society and the major judgements that have been given by Supreme Court in recent years to prove that it is a flexible document and not rigid. This paper is intrinsically and innately focused on the cathartic role played by Indian Judiciary in the times when state is misleading the people and trying to put the put the constitutional morals in disguise.

Koroščev državnopravni koncept v ustanovni dobi Kraljevine Srbov Hrvatov in Slovencev

The article presents staindpoints of the leading Slovene politician Anton Korošec in the founding era of the Kingdom of Serbs, Croats and Slovenes. Based on the archival sources, press reports and memoirs, it deals with the views of Korošec regarding main problems in adopting the constitution of the new state. During the process of passing the constitution of the SHS-Kingdom Korošec had to admit defeat in materialising his constitutional concepts.

‘Journalistic Privilege’ in Ireland: Judicial Supremacy, Journalistic Autonomy, and Constitutional Turf Wars

This draft article examines the novel development of confidential journalist source protection (aka 'journalist privilege') under the Constitution of Ireland, and the European Convention on Human Rights. It focuses on recent jurisprudence from both Irish and European courts which seek to marginalise the value of crime reporting journalism under freedom of expression instruments. The draft article conceives of this repudiation of crime reporting journalism as part of a broader repudiation by courts about the role and importance of journalism within the constitutional conception of democracy. In particular, it argues that the question of the status of 'journalist privilege' in Irish and European law reflects deeper tensions between the judiciary and media fields of power about who is the ultimate safeguarder of the democratic order.

Is English becoming a threat to the existence of indigenous languages in institutions of higher learning in South Africa?

This article provides a critique of the judgment of the Constitutional Court of South Africa in Gelyke Kanse v Chairperson of the Senate of the University of Stellenbosch1 with specific reference to the concept of transformative constitutionalism and the use of indigenous languages in tertiary education. The discussion further highlights the significant role played by one's own language in his or her day-to-day life encounters and argues that the wait has been too long to have one of the indigenous languages fully utilised in one of the tertiary institutions, amongst others. Finally, the paper recommends that the use of indigenous languages at institutions of higher learning needs to be given urgent attention by all stakeholders and can no longer remain at the mercy of those who are tasked with language policies at tertiary institutions.