Constitutive Role Research Articles

Early warning models for systemic banking crises: Can political indicators improve prediction?

This study provides a novel attempt to assess whether an early warning system (EWS) for systemic banking crises can produce better predictions when political indicators are used alongside traditional macro-financial indicators. Based on a dataset covering 32 advanced economies for the period 1975–2017, we show that the inclusion of political indicators significantly improves the predictive performance of the model. Our results suggest several channels, related to the role of constitutions and policy predictability, through which the political environment could affect the stability of a banking system. In particular, we find that majority governments, left-wing governments, and a longer time in office of the executive party are negatively correlated with systemic risk. This is robust to a large number of different specifications. Furthermore, we find that long-established institutional systems and plurality electoral systems (compared to proportional representation systems) are associated with a lower likelihood of crises. At the same time, crises are more likely when the incumbent government represents a nationalist platform.

A "Tyranny Unparalleled in History": Anxious Laughter and Projection of the Nation in the John-Donkey (January–October 1848)

abstract: This article intends to explore the constitutive role of US satirical periodicals in nation-building by focusing on the John-Donkey . In 1848, sixty years after the ratification of the American Constitution, the young United States was imagining itself into a nation. American periodicals were crucial in conveying competing ideas of what America should be, mirroring and amplifying widespread aspirations and preoccupations. In particular, the John-Donkey fostered a discussion with coeval papers on subjects such as mass immigration and the widespread sympathy for Pius IX in the United States. Although maintaining a desecrating attitude toward the papacy, the John-Donkey ridiculed those who deemed such sympathy and the rising number of Catholics (and Catholic voters) in the United States a threat. In doing so, the periodical indirectly expressed and expelled the anxieties fuelled in the readership by the Nativists as much as its editorial staff's preoccupation that those anxieties might result in intolerance and even fanaticism. A detailed analysis of the texts and images related to these themes reveals conflating thoughts on international and domestic policies, indicating to what extent the projection of a specific "America" implied the definition of oneself as opposed to non-Americans and political opponents.

Implementation Authority Of The Constitutional Court In The Indonesian Constitutional Law System

This study explores the evolution and significance of the Constitutional Court in Indonesia, examining its speculated super authority and unilateral interpretation of the Constitution. The research delves into the court's exclusive jurisdiction, rendering its decisions final and binding, thereby limiting legal recourse for dissatisfied parties. Grounded in the global development of judicial review, notably the landmark Marbury versus Madison case by John Marshall, the Constitutional Court's role is integral to constitutional interpretation. Originating from discussions during the Draft Constitution at BPUPKI and resurfacing during deliberations on the Draft Law on Judicial Power (UU Number 14 of 1970), the importance of the Constitutional Court gained prominence during the 1945 reform era. The Third Amendment to the 1945 Constitution solidified the court's establishment as a guardian of the constitution, shaping its pivotal role in constitutional interpretation in Indonesia. This research aims to provide a comprehensive understanding of the Constitutional Court's journey, its unique authority, and its crucial role in the country's legal and constitutional landscape

"KONSTITUTSIONALIZMNING PAYDO BO‘LISHI VA UNING RIVOJLANISH ASOSLARI "

"In this article, the classic theories and classical concepts of constitutionalism, as well as the characteristics and practice of constitutional government in the whole world, are considered from a scientific theoretical point of view. Also, the role of constitutionalism in the historical process of the countries of the world up to the stage of achieving democratic freedoms and the fact that it was the basic concept in the organization of state power are studied. In today’s globalized world, we can understand that constitutionalism is the foundation and basis of any developed country from the point of view of the organization of the state and law. It is revealed that constitutionalism played an extremely important role in the gradual development of humanity and in the emergence of basic human rights and freedoms based on the basic concepts and approaches of ancient philosophers. The traditions of constitutionalism in the creation of the state and law, which is one of the most urgent problems of today, and its organization and main concept in this process, are based on deep thoughts and scientific considerations. When familiarizing myself with the article, the proportion of constitutionalism and similar theories created by the human mind in the transition to the democratic society it dreamed of from the beginning of humanity to the present day has been scientifically compared and studied. Based on the concepts of person, state, and society and their rights and obligations before the constitution and the law, the most ideal form of these three subjects is the basis of constitutionalism. It is interpreted through existing theories and methods. "

We and us: The power of the third for the first‐person plural

AbstractPhenomenological discussions of sociality have long been concerned with the relations between the I, the You, and the We. Recently, dialogue between phenomenology and analytic philosophical work on collective intentionality has given rise to a corpus of literature oriented around the first‐person plural “we.” In this paper, I demonstrate how these dominant accounts of the “we” are not exhaustive of first‐person plural experiences as such. I achieve these aims by arguing for a phenomenological distinction between an experience of being part of a “we” compared to an experience of being part of an “us.” To have a “we‐experience” there must be a plurality of (unified) subjects sharing in an experience together such that the experience has the phenomenal character of being ours. An “us‐experience,” on the other hand, requires the experiential salience of an external “Third” in a way that is constitutively significant. Drawing on Sartrean social ontology, I argue that the “us” is distinct from the “we” on three levels, all of which pertain to the constitutive and unifying role of the Third. I then outline two forms of us‐experiences: (1) the experience of being grouped and (2) the experience of apprehending one's seriality.

The Emergence of the Academic Candidate: Evaluation as textual dramaturgy

Our contribution sheds light on the dramaturgies of evaluation that precede candidate selection in academic organizations. The dramaturgies unfold across committee meetings, reviews, and reports that funnel the pool of candidates into a shortlist of prospective members. Because they are prolonged and not all stages involve copresence, the continuity and consistency of evaluative processes is a central dramaturgical problem. It highlights the constitutive role of written documents for the continuity and consistency of organizational evaluation processes. We marshal evidence from a comparative study on academic candidacy in two organizational settings: grantmakers, who select candidates for funding, and universities, who select candidates for professorships. Drawing on archived records produced in the context of research grant applications and professorial recruitments between 1950 and 2000, we distinguish two regimes of textual agency throughout the processes of evaluation: documents structure the process of candidate selection throughout dramaturgical stages, and they act as relays that transfer assessments of human actors across dramaturgical stages and time. In addition, by focusing on organizational access and showing how organizations make people before even hiring them, we draw attention to the emergence of a highly scripted dramatic figure in academic life: the candidate.

Historic Disclosures About Blurry Motives of Politicization in Pakistan’s Judiciary

The constitutional role of state institutions is very important for the stability of an independent state. Every independent state has three main pillar Executive, Legislature and Judiciary. While the judiciary being an important pillar in any state, plays a crucial role in maintaining of law and order, and peace along with political stability. In case of Pakistan judiciary as seen under politicization. Thus in Pakistan, there state institutions have been facing inner political interference in every era. Therefor the Constituent Assembly and Judiciary had completely failed to play its own constitutional role. The Constituent Assembly real task is legislation and Executive’s work to implement it. But the work of Judiciary is more important than these two institutions, it reviews and also interprets the laws made by the Constituent Assembly. So that, the supremacy of justice has been established in the country. But the judiciary involved along with the Executive remained the seat of politics for their own benefits. The basic purpose of this research article is to identify historic disclosures about blurry motives of politicization in Pakistan’s judiciary. 
 
 The judiciary must be strengthened and
 released from political. interference.
 ----Aung San Suu Kyi---

Parliamentary Committees: Meeting the Epistemic Threshold of Legislation

Parliamentary committees are evolution of practice and procedures of legislations in liberal democracies over the years. The strength of a procedural democracy is enriched by the way the committees act to provide scrutiny, evaluation, and the improvement of the legislation and policy outcomes. This article articulates the imperative of parliamentary committees in strengthening legislation and policy commitments. How do parliamentary committees improve legislations and policy formulation in majoritarian democracies? This article includes the following sections: first, it discusses the meaning, role and objectives of parliamentary Standing Committees. Second, it focusses on the types of committees and their constitutional role in the process of legislation. Third, it deals with elaborate examination of the functions of the committees. The last section explores the recent trends of the functioning of the committees. The author concludes with the remark that the success of parliamentary democracy as an institution of representation would be strengthened with an integrated and independent role of parliamentary committees.

Personalization as a Strategic Political Tool on Social Media: The Curious Case of VP Kamala Harris on Twitter

Social media have reinvigorated the shift of focus from a party-centered politics to a personality-based one. This has made how politicians personalize on social media, especially in government, consequential for them and their administration. Vice presidents across the globe, especially in the United States, play crucial constitutional roles central to the country’s political discourse. Though they are ignored in the extant literature, their rhetoric has ramifications for contemporary democracy. Using a multimodal rhetorical approach, I analyze Vice President Kamala Harris’s tweets (n = 357) in her first year of office to understand how she constructs her public image through personalization. Results indicated that she displayed strong family bonds, reflected on her education and its influence, her historical accomplishments, as well as her emotional moments. I discuss the implications of the image she constructs in this present study.

(Un)making labor invisible: A syllabus.

From industrial psychology and occupational therapy to the laboratory bench and scenes of "heroic" fieldwork, there are important connections between the science of labor and the labor of science. Participants in the 2022 Gordon Cain Conference explored how greater attention to these connections might deepen historical understanding of what constitutes "science" and what counts as "labor." Our conversations circled around themes of vulnerability (of systems, individual bodies, historical testimony), affect (pertaining to historical actors and ourselves), and interdependence (e.g. across human groups, species, political boundaries, and time). For the members of this group, which grew out of a panel discussion, these themes and motivations coalesced around a topical focus on invisibility, which helped us to articulate - in the form of a co-created syllabus - research questions about science and labor from multiple angles pertaining to practice, archival preservation, and scholarly representation. This syllabus is organized into six thematic modules that aim to challenge and historicize the concept of invisible labor by facilitating comparisons across geographic, temporal, conceptual, and disciplinary boundaries. The goals of this collaborative syllabus, in sum, are manifold: we seek to facilitate more inclusive histories of science through critical engagement with "invisibility" and thereby promote a more expansive understanding of what constitutes scientific labor; to highlight the constitutive role of gendered labor practices in the scientific enterprise; to draw attention to interdependencies that make all forms of production (knowledge or material) possible; to elucidate systems of remuneration for scientific labor over the longue durée and through pointed comparisons; and, finally, to promote self-reflexivity about the methods we use to narrate the history of science and make sense of our own labors.

Relating Substances

Abstract: Can Aristotle’s ontology account for the centrality of relations in the nature of political animals? This article responds to scholars who claim that it cannot, and argues that Aristotle’s conceptual framework in the practical writings is consistent, and continuous, with his first philosophy. Aristotle’s ontology of living beings already assigns a central and constitutive role to relations, both with respect to the exercise of their essential activities and with respect to their connections to other members of their group. Moreover, his thought is hospitable to relational thinking because of the role that it assigns to active receptivity. The fact that our lives are more interconnected than those of any other species does not call into question his ontology; rather, it illustrates how his metaphysics works in the case of the distinctive substances that we are, namely, animals with logos.

Wotan’s Biopunk: The Grim(m) German God and His English Bloodsport in Sarban’s The Sound of His Horn

Abstract The essay analyzes Sarban’s 1952 novel The Sound of His Horn, one of the first alternate histories to depict a victorious Third Reich. The depiction of the latter is a strange mixture. On the one hand, the novel is a product of its day by presenting a regressive, resolutely anti-modern Nazi Germany headed back into a barbarian past. On the other hand, it anticipates later depictions (both in the alternate history genre as well as in historiography proper) by highlighting the constitutive role of technology and the regime’s inner divisions. The latter results in narrowing the gap between the (British) observer and his (German) environment. I argue that this narrowing can be traced by analyzing both the chief villain Hackelnberg, a figure borrowed from German folklore that Jacob Grimm associated with the Germanic god Wotan, and the key motif of hunting. Second, the narrowing is structurally embedded in the novel by virtue of the fact that the counterfactual Nazi domain is confined to a nested narrative. It may be a mere projection, in which case Hackelnberg’s deadly hunts and English bloodsports are not that far apart.

Are Political “Attacks” on the Judiciary Ever Justifiable? The Relationship Between Unfair Criticism and Public Accountability

Abstract Political “attacks” on the judiciary are a well-known threat to constitutional democracy. Criticism of the judiciary by politicians is often said to constitute one form of attack when it is unfair in the sense that it is not relevant to the judiciary’s constitutional role and/or not respectful. Unfair criticism is frequently claimed to be unacceptable on the basis that it threatens judicial independence and impartiality and, therefore, the rule of law. The Article critically interrogates this claim, arguing that unfair criticism can have value as a form of public accountability of the judiciary. It can hold the judiciary to account for aspects of its decision making that should be subject to scrutiny and that other accountability mechanisms, such as the appeals procedure and the lawmaking process, do not. In particular, it is apt to hold the judiciary to account for the diffuse societal effects, values, and principles of its decision making. As a result, the justifiability of unfair criticism is contestable and context specific because it involves taking into consideration both its potential value and its potential threat. The Article evaluates the subject by drawing on the experiences with unfair criticism of the judiciary by members of the executive and legislature in Australia and the United Kingdom.

Action at a distance: Accounting and the Company of Grão Pará and Maranhão

Based on extensive archival research, this paper analyses the role of accounting in managing an 18th century multinational Portuguese company. Using the concept of action at a distance, it is demonstrated how accounting was used to managethe Companhia Geral do Grão Pará e Maranhão, established in 1755, whose interconnected activities were conducted in three continents. Considering the constraints of the time, namely the challenge of distance and slow communication, the main picture emerging from archival sources is that this company was a vast machine fuelled by accounting information. The main findings of the paper contribute to previous literature on the constitutive role of accounting and demonstrate its multifaceted nature.

Bordering, ordering and othering through tourism: the tourism geographies of borders

The interplay between borders and tourism has fascinated tourism geographers for decades. However, only recently has tourism geographies research on borders mirrored border studies by interweaving tourism with its spatial, cultural, political and economic embedding in order to understand tourism’s socio-spatial place-making and bordering effects. We utilize the highly influential framework for border studies of van Houtum and van Naerssen to reflect on the state of the art of the tourism geographies of borders and make sense of recent developments in the field. The framework focused on the bordering, ordering and othering of society and space, referring, in turn, to creating a sense of boundedness, a process of meaning-making and a process of socio-spatial distinction through the symbolic and material construction of borders. We show that after decades of often descriptive research underpinned by state-centered understandings of how territorial borders have influenced tourism’s growth and development, recent developments in tourism geographies started linking up process-based understandings of borders with reflections on tourism’s place-making role. Our review highlights two important points. First, while massive strides have been made in recent years regarding the process-based understanding of tourism’s constitutive role in bordering processes (and vice versa), the cross-pollination between border studies and tourism geographies research on borders is still incomplete. Second, there is a need to move beyond insular tourism research to see how tourism’s place-making role related to borders and territory manifests in practice. We conclude that tourism is deeply embedded in bordering, ordering and othering society and space, both as an expression and as a driver of, or agent in, these processes, leading to tourism-specific impacts on the spatial environment and to broader socio-spatial (and inherently political) place-making outcomes.

Everyday security and the newspaper obituary: Reproducing and contesting terrorism discourse

This article explores the obituary as an important, yet neglected, site of everyday security discourse. Through an original analysis of 86 published obituaries of 11 prominent ‘terrorists’, we offer three arguments. First, obituaries play an important constitutive role in shaping public understanding of terrorism and terrorists. Second, in so doing, terrorist obituaries frequently draw upon and reproduce established constructions of terrorism. Especially important here, we argue, are claims associated with the influential, yet heavily contested, ‘new terrorism’ thesis that posits profound transformations in the motives, organization and violences of terrorist groups from the late 20th century onwards. Third, notwithstanding the above, the (terrorist) obituary also offers important resources for nuancing and problematizing dominant constructions – such as of ‘new terrorism’ – in part because of the opportunity for sociopolitical critique afforded by this mnemonic genre. In making these arguments, the article therefore offers new empirical and conceptual insight into the obituary as a genre of everyday security knowledge, and into the mobility and resilience of established security discourses.

What is the right thing to do? The constitutive role of organizational ethical frameworks in collective ethical sensemaking

In the complex realm of ethical decision making, organizations are increasingly developing comprehensive ethical frameworks as guides. These frameworks prescribe ethical principles and decision-making processes to steer organizational actors toward addressing the elusive question of “what is the right thing to do?” in specific situations. However, the interplay between these prescriptive frameworks and collective processes of ethical sensemaking remains underexplored. Based on an extensive qualitative study within publicly funded healthcare organizations, we examine how organizational actors, confronted with the challenge of making exceptional funding decisions, enact an organizational ethical framework. Our findings reveal the manifold ways through which such a framework both streamlines ethical sensemaking and induces new and unexpected interpretive challenges. These challenges generate ethical equivocality, which decision makers seek to reduce through particular sensegiving interventions, and, on occasion, through problematizing the abstract principles prescribed by the framework, based on what is intuitively felt right in situ. We contribute to the literature by developing a conceptual model of three distinct modes in which organizational actors enact the prescriptions of an ethical framework. Our article sheds new light on the unintended consequences of using organizational ethical frameworks in real-world ethical deliberations.

Shaping the healthy subject in gentrified spaces: Two case studies in Barcelona (Spain)

Several studies have analysed the impact of gentrification on health. However, a more in-depth examination of the constitutive role of health discourses in shaping spaces is required. This article explores the links between the gentrification process and the subjectification of healthy subjects through a critical discourse analysis of 35 walking interviews and a visual semiotic analysis of 140 shopfronts. Health is put forth as a super value to justify market interference in the configuration of urban space and class privilege based on the health products and healthy practices that have undergone a process of elitisation.

Publics of policing: expanding approaches to nodal policing

ABSTRACT The rise of private security across the globe has sparked concerns that a central public good is being corporatized, and that policing will no longer be guided by the interests of ‘the public'. In this article, we argue that state policing has never been in the interests of ‘the public'. Instead, like all policing actors, the state police create and serve something more finite: ‘a public'. By exploring the ‘publics of policing' we gain important insights into the constitutive role policing plays in producing socio–political communities. We suggest that this represents an important addition to the nodal governance framework, which currently overlooks the importance of what corporate, state and civic actors create when they engage in policing.

The Dance of Legislation: Why Parliamentary Sovereignty is not a Meaningful Public Law Metric

"The dance of legislation" is a metaphor to capture the parliamentary–judicial dynamic in the creation, interpretation and application of legislation. Contrary to the edicts of classical sovereignty doctrine, Parliament is not the sole actor in (what I term) "law creation through legislation". Sovereignty doctrine champions the exclusivity of Parliament in enacting legislative text and discounts any constitutive role of the courts in bringing meaning to the legislative text. The courts deploy interpretive techniques that fix legal meaning in accordance with a range of institutional norms and understandings. These techniques debunk the notion that Parliament's word is the start and end point of what is law, irrespective of what the courts say is the law. The judicial role extends beyond filling gaps in statutory meanings: it extends even to the reconstruction of statutory meaning where institutional norms commend activist interpretive method. The symbiosis that joins the branches lies at the heart of the legislative enterprise. The parliamentary–judicial relationship is an interdependent, collaborative one that draws upon the distinctive, role-specific function of each branch. The quip "it takes two to tango" speaks perfectly to the dance of legislation imagined in this article.