Constitutional Research Articles

Mechanic citizenship: Boston Mayor’s Office of New Urban Mechanics and the constitution of digital citizens

Projects to integrate digital technologies into the fabric of city life depend upon specific visions of politics and technology. In the process of their realization, they re-constitute the identities, agencies, and relations of human inhabitants, re-defining what it means to be a citizen. This article draws on the idiom of co-production and framework of constitutionalism from Science and Technology Studies (STS) to analyze the coming into being of a form of citizenship with smartphone technologies in Boston in the 2010s. When the Boston Mayor’s Office of New Urban Mechanics (MONUM) used newly available smartphone apps to reconfigure the connection among city residents and government, they brought into being a specific mode of citizenship. I term this mode of citizenship “mechanic” to draw attention to the qualities of passivity, infrastructure, and connectedness that characterized MONUM’s early digital citizenship projects. I argue that recognizing that the constitution of the human, and specifically of citizens, is at stake in smart city projects entails re-thinking ethical analysis in contexts of smart cities. Instead of seeking to perform ethical assessments of technological consequences (“ethics of” approach), scholars might begin with a situated analysis of how humans as citizens are constituted through smart city projects (“ethics in” approach). By identifying the political affordances and commitments of the emergent digital citizenship models, scholars can make visible alternative forms of living and engaging politically in the city.

Constitutional Frameworks and National Development: The Impact of Government Institutions on Progress and Regress

Constitutional Frameworks and National Development: The Impact of Government Institutions on Progress and Regress

Constitutionalism: issues of legal thought

It is noted that establishing criteria for evaluating legal concepts remains one of the unresolved problems in law. Their interpretation often depends more on the subjective view of the legislator or scholar than on legal logic. At the same time, even the most detailed definition cannot encompass the full diversity of legal relations and be universally applicable. Therefore, formulating precise concepts in constitutional law is complicated by the fact that the theory and practice of national and international constitutionalism are still developing, and their terminological apparatus is still forming. It is pointed out that the concept of “constitutionalism” has become firmly established in modern scientific discourse. Although the term has humanitarian origins, today it finds application in the natural sciences as well. However, “constitutionalism” is most often used in the humanities, especially in jurisprudence. It is emphasized that most modern states have constitutions that define their structure and procedures for managing various spheres of life. However, the presence of a constitution is not a sufficient condition for recognizing a state as constitutional. The constitutionality of a state is not limited to the existence of a basic law, which may reflect a certain compromise of socio-political forces and establish the state structure and powers of authorities. Even if this law has supremacy over other laws and can be changed only by a special procedure, this does not guarantee true constitutionalism. Thus, a state can have a constitution but not have constitutionalism, and vice versa. The authors conclude that despite the diversity of models of constitutionalism, common principles can be identified that characterize it as a legal concept: The supremacy of legal laws, particularly the constitution as the fundamental law; Legal protection of individual rights and freedoms; Institutional and legal organization of state power with horizontal and vertical distribution. It is important to note that the universality of these principles is associated with the transformation of Western society from a religious worldview to a rational perception of the world. This change influenced the ideas about the state and society, contributed to the formation of classical liberal civil society and the concept of an autonomous individual.

The Authoritarian Nature of Common Good Constitutionalism

Abstract How are we to evaluate the project of common good constitutionalism? This new movement, which dismisses positivism and liberalism, progressivism and originalism, aims to overturn the entire canon of modern political and constitutional theory. In its place, it aims to restore a classical tradition of natural law jurisprudence, which is said to have been lost over the last century of constitutional law and practice. In so doing it uses one of liberalism’s own juristic heroes, Ronald Dworkin, in order to free conservatism from the tethers of fidelity to constitutional text and the principle of popular sovereignty underwriting it. Common good constitutionalism’s intervention in the constitutional culture wars of the present is authoritarian not because of its opposition to liberalism, but because of its steadfast refusal of any link between constitutional authority and democracy.

Constitutional liberalism through thick and thin: Reflections on Frank Michelman’s Constitutional Essentials

In his new book, Constitutional Essentials, Frank Michelman provides a splendid elaboration and defense of ‘the constitutional theory of political liberalism’ implicit in John Rawls’s classic work, Political Liberalism. In this essay, we make some observations about what a difference 30 years makes, comparing the political and constitutional climate in which Rawls wrote and published Political Liberalism in 1993 with the climate in which Michelman wrote and published this exegesis of it. We focus on (1) changes in our circumstances of pluralism, including the accentuation of polarization and unreasonable views, and (2) the simultaneous breakdown of trust in the Supreme Court authoritatively to resolve disputes concerning constitutional essentials. Throughout, we acknowledge and seek to reckon with the possibility that Michelman may have given Rawls’s liberal principle of legitimacy its fullest, most coherent account just at the moment when the possibility of realizing it seems to be passing.

The Formation of a Constitutional Framework for Civil Society: Constitutional Projects of the 1990s in the Context of the 2020 Constitutional Reform

The Formation of a Constitutional Framework for Civil Society: Constitutional Projects of the 1990s in the Context of the 2020 Constitutional Reform

Constitutional regime in the Republic of Poland: Democracy and authoritarian tendencies

The purpose of the article is the analysis of the constitutional regime in the Republic of Poland, the study of democratic and authoritarian tendencies. The article is devoted to the coverage of one of the most pressing issues, namely the constitutional principles of Polish democracy, which play an important role in determining the political system and functioning of the State. They establish the basic principles of a democratic system, protect the rights and freedoms of citizens, and determine the relationship between the Government and the people. Poland, as a democratic republic, has its own constitutional principles, ensuring the stability of the political system and the development of democracy in the country. The article analyzes the constitutional principles in the doctrine of constitutional law and constitutional practice of Poland, examines their nature and significance for the supremacy of the Constitution and the development of the legal system. Authoritarian tendencies are covered as well. It is determined that nowadays there is a tense interaction between democratic principles and tendencies towards authoritarianism in the Republic of Poland. This situation is reflected in political actions, legislative changes and Government actions that can contribute to the undermining of democratic institutions and values.

Between Authority and Usurpation? Common Good and Constitutional Government

Abstract The classical tradition of law and government supports lawful authority and condemns usurpation. But the common good sometimes provides a reason to sweep aside existing constitutional arrangements. This article considers the way in which authority and usurpation feature in Adrian Vermeule’s recent book, Common Good Constitutionalism, and thus reflects on the nature of constitutional government. Vermeule’s work combines a commendable philosophy of government with a questionable philosophy of legal reasoning, which weakens the force of Vermeule’s account of American constitutional law and practice. Reflection on the scope of the common good—on whose common good counts—has important implications for how, and for whom, authority should be exercised. Collective agency is important in securing the common good and representative democracy is an important means to unite a people in common action for their good. Constitutional government should aim to command popular support. Forms of constitutional government are contingent, but usurpation of lawful public authority is an evil that should be avoided.

Stress Representations for Tensor Basis Neural Networks: Alternative Formulations to Finger–Rivlin–Ericksen

Abstract Data-driven constitutive modeling frameworks based on neural networks and classical representation theorems have recently gained considerable attention due to their ability to easily incorporate constitutive constraints and their excellent generalization performance. In these models, the stress prediction follows from a linear combination of invariant-dependent coefficient functions and known tensor basis generators. However, thus far the formulations have been limited to stress representations based on the classical Finger–Rivlin–Ericksen form, while the performance of alternative representations has yet to be investigated. In this work, we survey a variety of tensor basis neural network models for modeling hyperelastic materials in a finite deformation context, including a number of so far unexplored formulations which use theoretically equivalent invariants and generators to Finger–Rivlin–Ericksen. Furthermore, we compare potential-based and coefficient-based approaches, as well as different calibration techniques. Nine variants are tested against both noisy and noiseless datasets for three different materials. Theoretical and practical insights into the performance of each formulation are given.

Act of Grace Payments and the Constitution

This article focuses on a hitherto underexplored but increasingly important area of public expenditure: act of grace payments. Act of grace payments are voluntary, highly discretionary gifts of money made by the executive in the absence of any legal duty to do so. The expenditure on such payments in Australia has been significant, and a lack of transparency creates serious risks to integrity. Further, the cases of Pape v Federal Commissioner of Taxation, Williams v Commonwealth and Williams v Commonwealth [No 2] have transformed the constitutional framework for public expenditure. Accordingly, this article conducts a fine-grained analysis of the constitutional legality of act of grace payments at the Commonwealth, state and territory levels. The authors argue that there are significant constitutional issues with act of grace payments at the Commonwealth level, and that many state-based act of grace payments are likely to be illegal. To address these issues, and to reduce the risk that payments will be made illegally, the authors recommend several legislative and soft law changes.

CONCEPTUAL FOUNDATIONS AND PRINCIPLES OF LEGAL REGULATION OF DECENTRALISATION IN SELECTED EUROPEAN COUNTRIES AND UKRAINE

Background: This research paper aims to enhance theoretical understanding and explore the conceptual foundations and principles of legal regulation of decentralisation. Establishing a well-defined categorical apparatus is an important prerequisite for drafting effective legal regulation, and decentralisation is no exception. A precise understanding of this concept allows for the development of clear stages of its implementation in national legislation. No less important is the proper formulation of the principles of legal regulation of decentralisation. These principles allow further development of a system of legal regulation that will ensure the autonomy of local self-government. Methods: The study provides a comparative analysis of the principle of decentralisation implementation experience in such countries as Belgium, Italy, France, Lithuania, Poland, Ukraine and the United Kingdom, which have chosen both centralised and decentralised forms of public administration. The paper employs a multi-faceted methodology to analyse legal aspects of decentralisation in countries under study, focusing on the observance of the European Charter of Local Self-government standards and the evolution of constitutional frameworks of decentralisation. This approach includes a comparative analysis of constitutional models of decentralisation and their historical backgrounds, as well as an analysis of the practical application of decentralisation and recentralisation as phenomena in modern national policy. Particular attention is given to the influence of the martial law regime on these processes in certain countries. Results and Conclusions: The main research findings clarify the primary problems of European standards of local-self-government implementation in studied countries. They highlight the distinction of specific approaches to decentralisation, including its combination with deconcentration, devolution or even centralisation of power. Additionally, the research provides an analysis of the historical aspect of the development of the constitutional framework for decentralisation. Lawyers and legislators can use these insights to improve the effectiveness of legislation regarding local self-government development in the studied countries.

"Prototypic personality disorder" and the social issue: The category of psychopathy in Polish psychiatry in the interwar period.

The category of psychopathy has a long history, and its meaning has undergone a notable evolution since its conception in the 19th century. The history of psychopathy has been concentrating mainly on English- and German-speaking psychopathology. This article investigates definitions of psychopathy, its classification, and social issues associated with this category in Polish psychiatry in the interwar period. Polish definitions of psychopathy were influenced predominantly by Ernst Kretschmer's constitutional theory as well as by Eugen Kahn's, William Stern's, and Kurt Schneider's ideas. The term was generally understood as a borderline category denoting states between health and mental illness. As those states could manifest differently, it was thought to be many psychopathies. Two Polish psychiatrists, Maurycy Bornsztajn and Jakub Frostig, presented comprehensive classifications of psychopathies. Social issues associated with the category of psychopathy concentrated on three topics: psychopathy in children as a problem of the prevention of mental disorders; psychopathy as a problem of the justice system, the penitentiary, and military systems; and psychopathy as an issue of eugenics and social usefulness. Polish psychiatrists highlighted the need for the development of national institutions for the care of psychopathic children. Issues of accountability and insanity of psychopaths from the point of view of forensic psychiatry were also discussed. In conclusion, psychopathy in interwar Polish psychiatry was not just one of the personality disorders-it denoted the whole spectrum of characterological disturbances; thus, it rather corresponds to the modern category of personality disorders than to the contemporary understanding of psychopathy. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

National Constitutions and EU Integration, Edited by Stefan Griller, Lina Papadopoulou and Roman Puff. (Oxford: Hart Publishing, 2022.)

National Constitutions and EU Integration, Edited by Stefan Griller, Lina Papadopoulou and Roman Puff. (Oxford: Hart Publishing, 2022.)

Reforming Marriage Law in Indonesia: A Critical Examination of Islamic Law on the Ban of Interfaith Marriages

Interfaith marriage is a widely debated issue in Indonesia, particularly within the context of Islamic law. The prohibition of interfaith marriages has frequently been the subject of substantial criticism from an Islamic legal perspective. This article aims to critically examine the enforcement of this prohibition within Indonesia's marriage legal system. Employing a normative legal approach and literature analysis, the research explores various Islamic law perspectives on the prohibition of interfaith marriages. Additionally, this study analyzes the social, cultural, and legal impacts of this prohibition on Indonesian society. The findings indicate that the prohibition of interfaith marriages often conflicts with principles of justice, religious freedom, and human rights. In the context of Islamic law, several scholars and legal experts advocate for a more inclusive interpretation, emphasizing the importance of considering social context and justice in marital regulations. It is essential to formalize Islamic law by incorporating sociological and cultural aspects and aligning it with the national constitution. Therefore, the development of Indonesia's marriage legal system must consider universal values that evolve sociologically and culturally. In conclusion, this research underscores the need for reform in Indonesia's marriage legal system to accommodate individual needs and rights while respecting religious and cultural values. These changes are expected to provide legal recognition for interfaith marriages and promote a more inclusive and harmonious society.

Ideological Constitutionalism

A renewed interest in the concept of ideology is evident in recent constitutional theory. Ideology has featured prominently not only in restatements of traditional Marxist positions and attempted retrievals of the material conception of the constitution, but also in democratic critiques of liberal constitutionalism and theories of constitutional identity. The intention of this article is twofold. Firstly, the article defends the explanatory power of a conception of constitutional ideology that is centred on political domination and the ‘universalisation’ of contingent power relations, rather than more diffuse notions like the symbolic construction of reality or worldviews. Secondly, the article considers distinctive ideological dimensions of modern constitutionalism. An analysis of these dimensions, I contend, confirms modern constitutionalism's strong ideological ‘potential’.

Environmental Protection In National Constitutions - Article 20a Of The German Grundgesetz (Constitution) As An Example

Since the so-called environmental crisis came to the attention of the general public and politicians at the beginning of the 1970s, there have been repeated calls for the protection of the environment to be „enshrined” in national constitutions. For a long time, the demand for a special environmental constitutional right was met with unanimous rejection. But proposals for a so-called national objective of „environmental protection” were also heavily criticised. Today, however, everyone agrees that environmental protection is an extremely important task of the state. With its Article 20a, the German Grundgesetz (GG) has raised this to constitutional level. Article 20a of the Grundgesetz can serve as an example for other national constitutions.

Theistic Democracy Studies Hadith Analysis Deliberations in Contemporary Islamic Political Ethics

Islam is a religion that exists as a religion today, where many universal questions are discussed, one of the main topics of today's big questions is democracy in politics. Although Islam talks about democracy, ironically, Islam itself does not specifically mention the ideal form of a political system. In this context, the discussion about the ideal political formula becomes clearly important among Muslims in modern times, especially against the backdrop of Western civilization which can be said to have destroyed Muslims with its culture. In the midst of this chaotic situation, contemporary Muslim intellectuals present as Muslim thinkers who seek to present the "ideal" concept of modern Islamic politics. In this study, the author tries to emphasize that the substantive principles of Islam must be applied in the country's political system, in this case theistic democracy exists as a legacy from the problematic modern state. Democracy, or deliberation in Islamic nomenclature, is one of the ethical values ​​of constitutional politics in current political life.

Конституционно-правовая природа уголовного преследования, осуществляемого прокуратурой Российской Федерации: концептуальный подход

In the article, from the standpoint of a comparative analysis of constitutional and criminal procedure norms, taking into account historical experience, the signs characterizing the constitutional and legal nature of the prosecutor's office's function for criminal prosecution, which has been constitutionally consolidated since July 4, 2020, are formulated. The two-stage construction of criminal prosecution in modern Russian criminal proceedings is substantiated, including preliminary and final, of which the constitutional and legal nature of criminal prosecution carried out by the prosecutor's office is manifested in the final one.

Analysis of the difference of the legally relevant facts of the indicator facts

Current jurisprudential positions have exposed a series of errors incurred within the new accusatory criminal system led by the Attorney General's Office, specifically in the construction of the Legally Relevant Facts, since it does not conform to the expected and indicated assumptions. by law and other rules of criminal procedure. These failures are directly related to effects on due process, in such a way that it is the responsibility of all levels of society and especially the judicial branch to deal with mistakes. That is why, through a general analysis of all the aspects that frame the criminal technique of the Legally Relevant Facts found in the Political Constitution of Colombia, in the jurisprudence and other laws, it was possible to identify such failures, their consequences, but also formulated a series of recommendations that are expected to serve to reduce the risk of the duration of rights and become a point of reference for similar investigations

Sound as a bell: a deep learning approach for health status classification through speech acoustic biomarkers

BackgroundHuman health is a complex, dynamic concept encompassing a spectrum of states influenced by genetic, environmental, physiological, and psychological factors. Traditional Chinese Medicine categorizes health into nine body constitutional types, each reflecting unique balances or imbalances in vital energies, influencing physical, mental, and emotional states. Advances in machine learning models offer promising avenues for diagnosing conditions like Alzheimer's, dementia, and respiratory diseases by analyzing speech patterns, enabling complementary non-invasive disease diagnosis. The study aims to use speech audio to identify subhealth populations characterized by unbalanced constitution types.MethodsParticipants, aged 18–45, were selected from the Acoustic Study of Health. Audio recordings were collected using ATR2500X-USB microphones and Praat software. Exclusion criteria included recent illness, dental issues, and specific medical histories. The audio data were preprocessed to Mel-frequency cepstral coefficients (MFCCs) for model training. Three deep learning models—1-Dimensional Convolution Network (Conv1D), 2-Dimensional Convolution Network (Conv2D), and Long Short-Term Memory (LSTM)—were implemented using Python to classify health status. Saliency maps were generated to provide model explainability.ResultsThe study used 1,378 recordings from balanced (healthy) and 1,413 from unbalanced (subhealth) types. The Conv1D model achieved a training accuracy of 91.91% and validation accuracy of 84.19%. The Conv2D model had 96.19% training accuracy and 84.93% validation accuracy. The LSTM model showed 92.79% training accuracy and 87.13% validation accuracy, with early signs of overfitting. AUC scores were 0.92 and 0.94 (Conv1D), 0.99 (Conv2D), and 0.97 (LSTM). All models demonstrated robust performance, with Conv2D excelling in discrimination accuracy.ConclusionsThe deep learning classification of human speech audio for health status using body constitution types showed promising results with Conv1D, Conv2D, and LSTM models. Analysis of ROC curves, training accuracy, and validation accuracy showed all models robustly distinguished between balanced and unbalanced constitution types. Conv2D excelled with good accuracy, while Conv1D and LSTM also performed well, affirming their reliability. The study integrates constitution theory and deep learning technologies to classify subhealth populations using noninvasive approach, thereby promoting personalized medicine and early intervention strategies.