Constitutional Research Articles

Reconceptualizing Constitutionalism in the AI Run Algorithmic Society

Abstract This Article is dedicated to what is arguably one of the most significant tests to which constitutionalism has been subject to in recent times. It examines the theoretical and practical challenges to constitutionalism arising from the profound technological changes under the influence of artificial intelligence (AI) in our emerging algorithmic society. The unprecedented rapid development of AI technology has not only rendered conventional theories of modern constitutionalism obsolete, but it has also created an epistemic gap in constitutional theory. As a result, there is a clear need for a new, compelling constitutional theory that adequately accounts for the scale of technological change by accurately capturing it, engaging with it, and ultimately, responding to it in a conceptually and normatively convincing way.

Azərbaycan Respublikasının Prokurorluğunun hüquqi statusu, vəziyyəti və inkişaf perspektivləri (prosessual aspektdə)

The prosecutor's office in the Republic of Azerbaijan is the basis for ensuring the rule of law and protecting the rights and interests of citizens within the framework of the country's legislation. This article aims to examine the legal situation, current conditions and future prospects of the Azerbaijani prosecutor's office, paying special attention to its procedural functions. The legal authority of the prosecutor's office is determined by the national Constitution and relevant legislation. Currently, the current state of the prosecutor's office is characterized by a number of challenges and opportunities. It should be noted that the prosecutor's office in Azerbaijan plays an important role in the legal system of the country. The prosecutor's office contributes to the rule of law and the protection of the rights and interests of citizens by solving the problems encountered and using the opportunities that have arisen. Keywords: Republic of Azerbaijan, prosecution, procedural aspect, ınvestigation, court procedures, legal status, rule of law, ınternational standards.

India As a Democratic Nation- Concepts and Perceptive

India, as the world's largest democracy, presents a unique and diverse political landscape. Since gaining independence in 1947, it has upheld democratic ideals amidst challenges of diversity, inequality, and external threats. This paper explores the foundational concepts of Indian democracy, its key features, and its role as a beacon of democratic governance in the global arena. By examining India’s electoral system, constitutional framework, and challenges, we gain insights into how democracy functions in one of the most populous and complex nations in the world.

Gender Equality Through Abortion Rights: Exploring the Constitutional Framework and Social Justice

This paper examines the legal protection of the right to abortion under the U.S. constitutional framework and its impact on women's equality. The study traces the historical and jurisprudential development of the right to abortion and examines the impact of restricting this right on women's education, employment, and overall social justice. This is achieved through the analysis of relevant legal documents. The findings indicate that the protection of the right to abortion is crucial for the assurance of women's autonomy in matters of reproduction, and has a substantial influence on their educational and economic prospects. The paper concludes that the constitutional protection of abortion is a crucial step in achieving gender equality and social justice. It is incumbent upon governments and courts to promote gender equality and social justice by introducing legislation to protect the right to abortion and by creating social security systems. The following section will examine the aforementioned topic in greater detail.

A Promising Piece of the Puzzle: Human Dignity and the Role of Section 1 of the Charter

In this brief piece, I want to take up Major’s invitation to think about the “puzzle” and the “promise” of human dignity, but from a different perspective. In particular, I want to consider whether any negative implications of adopting a conception of human dignity that encompasses the elderly offender who is sentenced to die in prison can be rationalized within the broader constitutional framework. My suggestion is that the tension relating to the “young” and “elderly” offenders may be better addressed by focusing on the role of section 1 of the Charter. While that provision received negligible mention in Bissonnette, it may be used to justify sentencing elderly offenders to effectively die in prison for heinous crimes like murder because any other approach would fail to adequately deter others, who are similarly situated, from committing such crimes. As I explain, this framework falls back on early recognition by the Supreme Court that utilitarian arguments for increasing punishment are properly considered as justifications, under section 1, for imposing what are otherwise “cruel and unusual treatments or punishments.”

The right to food: A fundamental human right and its imperatives

In an age of unprecedented global wealth and technological advancement, the persistence of hunger and food insecurity remains one of the most glaring contradictions of our time. The right to food is a fundamental human right enshrined in various international treaties and national constitutions. Yet, despite this recognition, millions of people across the globe continue to suffer from malnutrition and starvation, highlighting a critical need for holistic action to uphold this fundamental right. Available statistics reveal that Africa bears a disproportionate burden of malnutrition and food insecurity accounting for 20 percent and 61 percent2 of the population respectively. There is a link between access to food in the right quantity and quality and the cognitive development of children which has a spillover effect on the productivity of nations [2, 3]. It is time to reaffirm our commitment to ensuring that this basic right is upheld for all. This right is essential not only for ensuring that individuals lead healthy and productive lives but also for promoting broader social and economic stability. This editorial explores the dimensions of the right to food, its implications, and the urgent need for a coordinated effort to address food insecurity.

Constitutional design preferences: An experimental approach

Abstract A rich literature links the survival of national constitutions to their legitimacy among citizens. However, most studies examine constitutions as a bundle of rights and institutions, and few test the micro-foundations of constitutional preferences explicitly. This article examines how individuals evaluate both the content and flexibility of discrete constitutional elements using a conjoint experiment in Japan. Respondents were asked to rate twenty-six hypothetical constitutions that varied randomly in their enumeration of twelve rights and institutions. We find that citizens generally prefer constitutions that enumerate more provisions, with greater weight placed on human rights than political institutions. This result largely confirms theoretical expectations from earlier work on comparative constitutional design. In addition, political factors, such as partisanship, moderate preferences on issues that have long divided progressives and conservatives in Japan, such as constraints on the military and establishing national emergency provisions. By contrast, socioeconomic characteristics such as income, age, and education do not, suggesting broad demographic consensus on the merits of distinct provisions. Importantly, we further demonstrate that citizens do not trade off constitutional detail and flexibility, as suggested by existing research. Respondents who prefer the enumeration of more provisions do not necessarily want a lower amendment hurdle to facilitate adaptation to new circumstances. Preferences about constitutional flexibility appear to be based on strategic imperatives, notably the desire to cement preferred provisions and prevent changes by future majorities.

From the economic to the pandemic crisis: The impact upon the EU constitutional architecture—Introduction to the Symposium

Abstract The European Union has evolved significantly, shaped by crises as foreseen by Jean Monnet, who predicted that Europe would be “forged in crises.” Over recent decades, it has faced challenges such as the euro crisis, the COVID-19 pandemic, Brexit, rule-of-law backsliding, and ongoing geopolitical conflicts. These crises have tested and transformed the European Union’s constitutional framework, prompting institutional reforms and innovations in governance without necessarily revising the Treaties. This Symposium explores the European Union’s constitutional evolution through the lens of crises. Key reforms include the reinforcement of budgetary discipline during the euro crisis and the shift toward a stimulus-based approach in response to the pandemic, culminating in the NextGenerationEU framework. Contributors analyze the model of economic governance that has evolved from the convergence of both the economic and pandemic crises, the changing role of regions, the judiciary’s evolving oversight functions and its limits, and rule of law conditionality as a distinctive form of governance. The Symposium will delve into the post-crisis governance landscape of the European Union from a constitutional perspective, focusing on the structural adjustments implemented and their enduring impact. Despite these changes, the European Union has demonstrated resilience and adaptability, forging new governance structures that reflect its deepening constitutional identity. In the end, the Symposium provides a comprehensive examination of these shifts, highlighting how the European Union continues to integrate and innovate in response to ongoing challenges.

Unshackling from Shadows of the Anisminic Orthodoxy: Reconceptualising Approaches to Ouster Clauses in Hong Kong

Abstract Ouster clauses have perennially borne the mantle of a ‘litigation minefield’, where clashes between legislative and judicial powers unfold in open fora. Recent jurisprudential advancements in the United Kingdom and Singapore demonstrate how judicial approaches to ouster clauses can evolve in the face of constitutional developments. Hong Kong has, however, remained muted while these jurisprudential advancements bear fruit in other parts of the common law world, notwithstanding the fact that its constitutional framework, umpired by the Basic Law, has been in existence for over twenty-five years. This article argues for the need to reconceptualise approaches to ouster clauses in Hong Kong, grounded firmly in its post-1997 constitutional framework. Drawing on comparative jurisprudence, it presents a spectrum of approaches, animated by the dynamic interplay between various ‘macrocontextual’ and ‘microcontextual’ factors, ranging from a localised version of Anisminic, remedial interpretation, and invalidation of ouster clauses on the grounds that they impermissibly affront the constitutional right of access to courts, allocation of judicial power, and constitutional supremacy.

The Role of Governance in Strengthening of the Constitutional Judiciary

This research article aims to identify the governance of the judiciary in various aspects (transparency, rule of law, participation, accountability, justice, and equality) and its impact on the development of constitutional judicial powers. To centralize the authority and achieve judicial goals within the state, reforms must be implemented. The concept of judicial governance was previously nonexistent, with some viewing judicial power as separate entities performing their duties independently. However, due to developments that the world has witnessed, the responsibilities of the constitutional judiciary have increased, leading to the adoption and application of governance principles. This can only be achieved through promoting the concept of governance and implementing its principles in all state institutions, particularly those of a constitutional nature. This includes reforming the institutional structure to recover the powers to the judiciary, which serves as the arbiter, separator, and balancer among all branches of government.

‘Towards a modern democracy’? The constitutional politics of the 1990s British left

ABSTRACT This article argues that a ‘constitutional lens’ sheds light on British political contestation in the 1990s. It is commonly suggested that 1990s politicians merely consolidated the hegemony of ‘Thatcherism’. Yet, this struggles to encompass the decade’s political volatility, from the Conservatives’ descent into internecine warfare over the Maastricht Treaty to the fraught Irish peace process. Though varied, these developments shared a key theme: controversy over the constitution of the United Kingdom. To illustrate its case, this article applies the constitutional lens to the 1990s left. Existing accounts emphasise Labour’s concessions to Conservative opponents. By 2001, however, the first Blair government had enacted contentious constitutional changes: devolution, proportional voting systems, and a Human Rights Act. These policies reflected a dynamic, new, liberal-left politics of constitutional reform. From the 1980s, liberals, social democrats and Marxists forged a new constitutional agenda, responding to trends since the 1960s—growing ‘popular individualism’, agitation for ‘human rights’, European integration, and Scottish nationalism—and to the end of the Cold War. By the 1990s, campaigners had developed a bold programme for ‘modernising the constitution’, which influenced Labour’s programme. Through New Labour’s governments, this agenda profoundly reshaped the institutions of British politics in the twenty-first century.

Energy Diplomacy of Turkmenistan: Determining Factors and Legal Framework

Introduction. Energy diplomacy is an effective means of ensuring energy security (international and national) and, at the same time, an instrument for implementing the foreign energy policy of states. Since energy diplomacy is formed and implemented in the conditions of the state legal and international legal environment, the study of its legal component acquires not only theoretical, but also important practical significance. At the same time, the legal aspects of energy diplomacy (both in general and in relation to specific countries) have not yet been systematically developed in the legal literature, including in the science of international law. Based on the analysis of scientific and regulatory material, the article identifies the features of Turkmenistan's energy diplomacy and its legal support.Materials and methods. Within the framework of the study, the sources of international law related to the topic under consideration, political and legal policy documents and acts of national legislation of Turkmenistan are considered. The theoretical basis of the research was the scientific works of experts in the field of international law and energy law, as well as individual studies of the problem of energy diplomacy, including in relation to a chosen country. The methodological basis of the study was presented by general scientific and special legal methods.The results of the study. Factors of a resource-geographical nature, combined with factors of a political and legal nature (the status of Turkmenistan as a permanently neutral state) determine the originality of foreign energy policy and, significant from the point of view of international law, the features of Turkmenistan's energy diplomacy. The main strategic priority of Turkmenistan's energy diplomacy is to increase the export potential of oil and gas products and, in this regard, to create an extensive, modern and efficient infrastructure for transit and delivery of energy resources to foreign energy markets, comprehensive legal support for these processes. Reliance on the potential of multilateral diplomacy (primarily in the UN system) for the international legal legitimization of their national interests in the energy sector is combined with the development of bilateral international legal relations of energy cooperation on terms of mutual benefit, while respecting the basic principles of international law. The head of state plays a special role in the development and legal formalization of Turkmenistan's energy diplomacy. Embargoes, as well as unilateral restrictive measures, used in the practice of a number of States and individual integration associations, are not used as a means of economic pressure on other States. Special importance is attached to preventive diplomacy within the framework of the Central Asian region.Discussion and conclusion. Turkmenistan's energy diplomacy, being the main means of implementing its foreign energy policy, has an international and constitutional legal framework, in turn, including: the UN Charter and other fundamental international legal acts establishing the basic principles of international law and the provisions of the Constitution of Turkmenistan on adherence to these principles, taking into account its permanently neutral status; Resolutions The UN General Assembly and acts of the constitutional legislation of Turkmenistan relating to the legal formalization and implementation of its permanent neutral status; norms of international law and provisions of the constitutional legislation of Turkmenistan regulating the main forms of diplomatic activity; special principles of international energy law correlating with the norms of the constitutional law of Turkmenistan.

Цифровизация местного самоуправления — «новая» демократия?

The article presents the author’s opinions on the impact of digital transformation of public administration in general and local government in particular on citizen participation in local community affairs. It is proposed to distinguish between “electronic democracy” and “electronic participation”, and the position is expressed that traditional and digital democracy have a common constitutional and legal nature, characterized by target and functional unity, but differ in technological methods of expressing will and communication. One of the key factors influencing the conditions for using digital technologies in the process of formation and activities of local government bodies is trust. Based on sociological research data, it was revealed that at the local level, ensuring trust has certain specifics, which are proposed to be interpreted through territorial identity.

Constitutional and legal framework for the institutionalization of Ukraine’s security and defense sector

Constitutional and legal framework for the institutionalization of Ukraine’s security and defense sector

The nature of ‘the best constitutional regime’ and virtuous friendship in Aristotle

Aristotle discusses the ‘best constitutional regime’ in Books 7 and 8 of his work, Politics. The central concepts in this discussion are happiness and virtue. The combination of happiness and virtue finds its expression in virtuous friendship. The best constitutional regime assists individuals and society in reaching their highest potential, both individually and collectively. It provides the necessary institutional structure for the justice and welfare of society, which in turn fosters the development of virtuous friendships. According to Aristotle, the highest and most genuine relationship among people is ‘virtuous friendship’. Such friendships enable individuals to understand and support each other based on ethical values and to seek happiness together. This study argues that there is an identity between the nature of the best constitutional regime and virtuous friendship. This claim is based on the idea that the best constitutional regime is the perfect end (telos). In this sense, the perfect end is virtuous friendship.

Revisiting the Debates on the 2010 Constitutional Referendum in Turkey: Democratic Transition or Authoritarian Populism?

This article revisits the scholarly debates on the AKP’s constitutional amendment package that was put to vote in the 2010 Constitutional Referendum. It takes the democratic theorist Andrew Arato and constitutional scholar Aslı Bali as major representatives of the two opposing views on the political implications of the reform proposal. It compares and contrasts their arguments particularly in light of their different assessments of the amendments which concern the restructuring of the judiciary, especially the Turkish Constitutional Court. It argues that their fundamental controversy with regard to the democratic or authoritarian nature of these amendments is rooted in the contrast between Bali’s predominantly contextual and Arato’s predominantly global approach. While Bali affirms the reform proposal as a democratic step forward in transcending the persistent legacy of the Kemalist authoritarian “tutelary” regime represented by the Constitutional Court, Arato interprets it as a manifestation of the global populist-authoritarian retreat that is expresses itself most visibly through assaults against the independent judiciary. After a critical reading of these two approaches, this paper finalizes by way of introducing a new framework that would counterbalance the contextual with the global and vice versa that would arguably provide a new perspective through which one could unveil the particular characteristics of the AKP’s populist constitutional politics at the time of the Referendum.

Gender-Sensitive Approaches In Women's Involvement In Constitution-Making And Peacebuilding Processes In South Sudan

Constitutions play a pivotal role in shaping the political, economic, and social equality of both women and men. As the supreme law, they establish the state's framework, allocate political authority, delineate governance systems, dictate leadership selection, and safeguard fundamental rights. Constitutional reform presents a unique chance to reshape governance structures by enshrining women's rights, incorporating inclusive language, and establishing institutions that ensure and advance gender equality. In South Sudan, akin to many African nations, a pluralistic legal system merges customary practices, religious laws, common law, and statutory regulations. While customary and religious laws hold recognition, they remain unwritten, flexible, and often linked to ethnic concerns, varying across communities. Rooted in generations of tradition, these laws seek to uphold positive community values and norms. However, they frequently disadvantage women, despite the presence of traditional justice mechanisms that some argue are more accessible, cost-effective, prompt, and culturally apt. These alternative justice systems are deeply entrenched in patriarchal norms, often excluding women from comprehensive rights, including equitable participation in governance and decision-making bodies. Drawing lessons from post-conflict nations, this paper contends that the transformative potential of constitutions materializes when women capitalize on constitution reform opportunities to redefine the constitutional community's ambit, compelling the state to honor, safeguard, and fulfill women's rights

A generalized, computationally versatile plasticity model framework - Part II: Theory and verification focusing on shear anisotropy

Shear-dominated deformation (SHDD) is pivotal in sheet metal forming; however, comprehensive modeling of plastic anisotropy in SHDD, specifically shear anisotropy considering both yield stress and plastic flow, has been inadequately addressed in existing literature. In this work, a generalized constitutive framework is introduced on the basis of stress triaxiality-dependent state variable to accurately emulate plastic anisotropy and the physics-based shear constraint in SHDD. The framework is capable to seamlessly integrate with existing yield criteria, preserving computational efficiency and versatility. Notably, the yield function, anisotropic parameters, and their optimization or analytical determination for the non-shear deformation state remain unaltered. When integrated with the Hill48 yield function, featuring either one or two anisotropic parameters within the generalized constitutive framework, precise characterization of yield strength and plastic flow in SHDD is achieved. The applicability of the framework extends to various anisotropic yield functions such as the widely employed Yld2k-2d and the sixth-order polynomial (Poly6) function as a class of associated flow rule-based yield functions, and one non-quadratic yield function for non-associated flow rule scenarios. Experimental validation with two engineering sheet metals, high-strength dual-phase steel DP980 and high-strength aluminum alloy AA7075-T6, was conducted. Comparative analyses with several recently proposed yield criteria, especially Poly6-18p, highlighted the efficiency of the proposed constitutive framework. Furthermore, this study explores intrinsic shear constraints, particularly the absence of through-thickness strains under in-plane shear stress. Additionally, it offers an enhanced description of plastic anisotropy in shear yield stress within the general framework, providing valuable insights into the complexities of SHDD.

Unlocking Access: How Gauteng Province's Online Admission System is upholding the Right to Basic Education in South Africa: A Human Rights Perspective

Access to basic education is a fundamental human entitlement enshrined within the framework of the Constitution of South Africa, playing a crucial role in promoting societal equity and national progress. In the dynamic context of Gauteng Province, characterised by rapid urbanisation, demographic diversity, and socio-economic disparities, achieving this constitutional mandate faces significant challenges. This research meticulously examines the implementation and consequences of the online admission system, designed to enhance access to basic education in Gauteng. The study delves into the constitutional framework of education rights and the socio-economic context of Gauteng Province, stressing the importance of innovative solutions like the online admission system to address educational disparities. It scrutinises the legal basis of education rights and the functioning of the online admission system, with a focus on legislative frameworks such as the South African Schools Act. The research extensively examines the implementation and impact of the online admission system in Gauteng, highlighting its role in enhancing access to preferred schools and rectifying historical inequalities. It also assesses challenges like the digital divide and administrative complexities, proposing strategies to enhance fairness and inclusivity in education delivery. Lastly, the study examines the impact of Gauteng's online admission system on educational access, using empirical evidence to assess outcomes and implications. By offering a detailed analysis spanning legal, socio-economic, and practical aspects, the research contributes to discussions on education rights and policy implementation in South Africa. Overall, it suggests that the online admission system has significant potential to advance societal equity and human development. Keywords: Access; Basic Education; Gauteng Province; Human Rights; Online Admission System

Educational aspects in the constitutional and legal provision of democratic governance under martial law: A comparative study

Within the framework of this scientific article, an analysis of various approaches to the constitutional and legal regulation of governance in conditions of martial law in different countries is carried out. The integration of democratic governance under martial law includes an educational perspective, emphasizing the need for citizens and leaders to understand the constitutional and legal frameworks that support democratic principles during crises. Thus, the purpose of this study is to analyze various approaches to the constitutional and legal regulation of governance under conditions of martial law in different countries taking into account the educational aspect. The study integrates an educational perspective, emphasizing the need for both citizens and leaders to understand the constitutional and legal frameworks that support democratic principles during crises. Research methodology includes historical method, method of legal hermeneutics, method of systemic approach, synthesis, method of modeling, comparative method and statistical method. The conclusions emphasize the importance of understanding and using constitutional and legal provisions to ensure openness, transparency, and participation in public processes, even under martial law. This section outlines educational strategies that can support these goals, such as incorporating constitutional education into formal curricula and providing continuous learning opportunities for citizens and officials.