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The Expressive Function of Constitutional Amendment Rules Revista De Investigações Constitucionais, Vol
Revista de Investigações Constitucionais E-ISSN: 2359-5639 [email protected] Universidade Federal do Paraná Brasil ALBERT, RICHARD The expressive function of constitutional amendment rules Revista de Investigações Constitucionais, vol. 2, núm. 1, enero-abril, 2015, pp. 7-64 Universidade Federal do Paraná Curitiba, Brasil Available in: http://www.redalyc.org/articulo.oa?id=534056245002 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative Licenciado sob uma Licença Creative Commons Licensed under Creative Commons Revista de Investigações Constitucionais ISSN 2359-5639 DOI: http://dx.doi.org/10.5380/rinc.v2i1.43100 The expressive function of constitutional amendment rules* A relevante função das regras de mudança constitucional RICHARD ALBERT** Boston College Law School (United States of America) [email protected] Recebido/Received: 24.11.2014 / November 24th, 2014 Aprovado/Approved: 10.12.2014 / December 10th, 2014 Resumo Abstract A presente pesquisa enfoca a questão de como as mu- The current scholarly focus on informal constitutional danças constitucionais informais obscureceram a per- amendment has obscured the continuing relevance of manente relevância das regras de alteração formal da formal amendment rules. In this article, I return our atten- Constituição. Nesse artigo, retoma-se a atenção para as tion to formal amendment in order to show that formal mudanças formais com o intuito de demostrar que as re- amendment rules—not formal amendments but formal gras de alteração formal – não as alterações formais, mas amendment rules themselves—perform an underappre- as próprias regras de alteração – desempenham uma ciated function: to express constitutional values. -
Tainted by Torture Examining the Use of Torture Evidence a Report by Fair Trials and REDRESS May 2018
Tainted by Torture Examining the Use of Torture Evidence A report by Fair Trials and REDRESS May 2018 1 Fair Trials is a global criminal justice watchdog with offices in London, Brussels and Washington, D.C., focused on improving the right to a fair trial in accordance with international standards. Fair Trials’ work is premised on the belief that fair Its work combines: (a) helping suspects to trials are one of the cornerstones of a just society: understand and exercise their rights; (b) building an they prevent lives from being ruined by miscarriages engaged and informed network of fair trial defenders of justice, and make societies safer by contributing to (including NGOs, lawyers and academics); and (c) transparent and reliable justice systems that maintain fighting the underlying causes of unfair trials through public trust. Although universally recognised in research, litigation, political advocacy and campaigns. principle, in practice the basic human right to a fair trial is being routinely abused. Contacts: Jago Russell Roseanne Burke Chief Executive Legal and Communications Assistant [email protected] [email protected] For press queries, please contact: Alex Mik Campaigns and Communications Manager [email protected] +44 (0)207 822 2370 For more information about Fair Trials: Web: www.fairtrials.net Twitter: @fairtrials 2 Tainted by Torture: Examining the Use of Torture Evidence | 2018 REDRESS is an international human rights organisation that represents victims of torture and related international crimes to obtain justice and reparation. REDRESS brings legal cases on behalf of individual Its work includes research and advocacy to identify victims of torture, and advocates for better laws to the changes in law, policy and practice that are provide effective reparations. -
Revisiting the Populist Challenge
ARTICLES 5 Revisiting the Populist Challenge HANSPETER KRIESI* Abstract This essay makes another attempt to clarify the concept of populism and to discuss its causes and consequences. It argues that, at its core, the concept of populism refers to an ‘ideology,’ i.e. a set of beliefs about how democracy works and how it ought to work. It links this core concept to other, related notions of populism, which it considers complementary rather than competing. Given its intimate links to the promises of democracy, populism thrives in times of political and economic crises. In addition, it is facilitated by the way the media operate in contemporary democracies. The political crisis provides an opportunity for populists to point to the broken promises of democracy and to mobilize in the name of ‘the people’ who have gone unrepresented by the mainstream po- litical forces. Finally, the electoral mobilization by populists may have a corrective democratic effect, and populists in power do not seem to put democracy in danger as long as they have to cooperate in coalition governments with mainstream parties which are electorally more important. It is in (qua- si) majoritarian systems where populists gain power as the dominant force that they pose a threat to liberal democracy. Keywords: populism; concepts; crisis of representation; mediatization; populists in power; ideology; polit- ical strategy; communication strategy DOI: 10.5817/PC2018-1-5 1. Introduction We are living in a time when the term ‘populism’ has become a buzzword that is used by almost everyone in almost every conceivable situation. The concept has never been known for its exceptional clarity and academics have rather characterized it as ‘slippery’, ‘chame- leonic’ or worse. -
PARLIAMENTARY ELECTIONS in SPAIN 20Th December 2015
PARLIAMENTARY ELECTIONS IN SPAIN 20th December 2015 European Elections monitor Uncertainty reigns just one month before the parliamentary elections in Spain Corinne Deloy Abstract: On 20th December next the Spanish will be renewing the two chambers of parliament (Congress of Deputies and the Senate). Just one month before the election the People’s Party of outgoing Prime Minister Mariano Rajoy is in the lead but it seems that it will not win the absolute majority. Analysis The Spanish have been severely hit by the economic IS SPAIN OVER THE CRISIS? crisis that started in 2008 and the ensuing political crisis. They have expressed their extreme mistrust of The Spanish economy recovered growth mid-2013 their political leaders. The two party system that has after two years of recession. From 2009 and 2013 the prevailed since the country’s return to democracy in country’s GDP contracted by 7.5 points in the wake of 1975 is under threat. The party which wins – either the collapse of the real estate bubble. In office since the People’s Party or the Socialist Party (PSOE) will the November elections of 2011 Prime Minister Rajoy probably have to govern in coalition with another has implemented structural reform including that of party, undoubtedly Podemos (We can) or Ciudadanos the labour market in 2012 (flexibility of dismissal rules (Citizens). and permission for semi-redundancy for businesses In this struggle for alliances the PP is in a worse position in difficulty in order to make the labour market more than its socialist rival. Indeed since union between the flexible), and many budgetary cuts (reduction of staff PP and Podemos is impossible, Mariano Rajoy’s party and salaries in the civil service, modification in the has almost only one option, of turning to Ciudadanos, calculation of retirement pensions). -
English Version of the Report
EU-China Information Society Project 中国欧盟信息社会项目 Access to Government Information in Europe and China: What Lessons to be Learned? 欧洲与中国政府信息公开:我们能够学到什么? Megan Carter The Constitution Unit, University College, London 英国伦敦大学学院宪法组·伦敦 Lv Yanbin / 吕艳滨 Chinese Academy of Social Sciences (CASS), Beijing 中国社会科学院,北京 This report was conducted for the EU-China Information Society Project (supervised and edited by Dr. Thomas Hart) 由中国-欧盟信息社会项目法规专家 Thomas Hart 先生指导修订 November 2007 2007 年11月 This is the English version of the report. For the Chinese version, please contact the Project Office on: [email protected] 此报告为英文报告,如需中文版本请联系项目办公室: [email protected] The EU-China Information Society project is a joint initiative between the Chinese Government and the European Union. The project started in July 2005 and runs through to the end of June 2009. The project aims to promote economic and social development through Informatization and works closely with the State Council Informatization Office (SCITO) in China. For more information see www.eu-china-infso.org. For information on the regulatory activities within the project, contact Dr Thomas Hart at [email protected]. 中国—欧盟信息社会项目是中国政府和欧盟之间的合作项目。项目从 2005 年 7 月开始,到 2009 年 6 月结束。通过与国务院信息化工作办公室紧密合作,项目旨在通过信息化推动中国的 经济和社会发展。更多详情,请浏览项目网站 www.eu-china-infso.org。有关项目法规对话部分 的活动,请联系 Thomas Hart 博士,电子邮箱 [email protected]。 II Table of Contents BACKGROUND TO THE RESEARCH...............................................................................1 1. INTRODUCTION .......................................................................................................3 -
The London School of Economics and Political Science the Gap Between
The London School of Economics and Political Science The Gap between Legality and Legitimacy The Bolivian State Crisis (2000-2008) in Historical and Regional Perspective Gustavo Bonifaz Moreno A thesis submitted to the Department of Government of the London School of Economics for the degree of Doctor of Philosophy, London, March 2017 Declaration I certify that the thesis I have presented for examination for the MPhil/PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my written consent. I declare that my thesis consists of 100,000 words. 2 Abstract The present thesis investigates the causes of the Bolivian state crisis (2000-2008). The case study is intriguing because, compared to other countries in the region, Bolivia appeared to successfully implement competitive elections and neo-liberal reforms. Nevertheless, by 2008 the country was on the verge of civil war. This sudden political collapse, I argue, shows that Bolivia represents an extreme case of a regional trend, namely the periodic opening of a gap between legality and legitimacy in periods of social change, punctuated by external shocks. Most accounts of the crisis try to explain it based on the historical prevalence of ethnic, regional or class cleavages within the Bolivian society. -
Milena Kojić MODEL of the REGIONAL STATE in EUROPE
University of Belgrade University La Sapienza, Rome University of Sarajevo Master Program State Management and Humanitarian Affairs Milena Kojić MODEL OF THE REGIONAL STATE IN EUROPE - A COMPARATIVE ANALYSIS WITH FOCUS ON THE REPUBLIC OF SERBIA Master Thesis Belgrade, August 2010 University of Belgrade University La Sapienza, Rome University of Sarajevo Master Program State Management and Humanitarian Affairs Milena Kojić MODEL OF THE REGIONAL STATE IN EUROPE - A COMPARATIVE ANALYSIS WITH FOCUS ON THE REPUBLIC OF SERBIA Master Thesis Members of the Commission: Assoc. Prof. dr. Zoran Krstić, Mentor Prof. Emer. dr. Marija Bogdanović, President Prof. dr. Dragan Simić, Member Defense date: __________________ Mark: __________________ Belgrade, August 2010 TABLE OF CONTENTS INTRODUCTION…………………………………………………………………......…1 PART I 1. Key terms and basic theoretical categories .....................................................................4 2. Basic models of state organization .................................................................................7 a) Consociational state .............................................................................................7 b) Unitary state – simple state ................................................................................10 c) Federation – complex state ……………………………………........................11 d) Regional state – tertium genus ………………………………...........................14 PART II 1. Republic of Italy……………………............................................................................18 -
New Culture Book
New Culture Book TABLE OF CONTENTS Introduction........................................... 3 Common Stereotypes........................... Names.................................................... 5 People’s Names Language............................................... Communication..................................... Flags....................................................... 9 Geography............................................. 17 Climate Physical Geography Maps of Landforms Animals.................................................. Community............................................ 1 Education.............................................. Family.................................................... Clothing................................................. Food....................................................... 42 Meal Times and Typical Food Mealtime Etiquette and Table Settings Recipes Health..................................................... 56 Home Remedies and Care Calendar................................................ 58 Celebrations & Holidays...................... 60 January February March April May June July August September October November December Other Celebrations Music..................................................... 99 Arts & Crafts......................................... 100 Hispanic Art Leisure Activities................................. Soccer................................................... Hispanic Literature............................... Famous Hispanic People..................... Websites............................................... -
Forty Years from Fascism: Democratic Constitutionalism and the Spanish Model of National Transformation Eric C
Golden Gate University School of Law GGU Law Digital Commons Publications Faculty Scholarship 2018 Forty Years from Fascism: Democratic Constitutionalism and the Spanish Model of National Transformation Eric C. Christiansen Golden Gate University School of Law, [email protected] Follow this and additional works at: https://digitalcommons.law.ggu.edu/pubs Part of the Comparative and Foreign Law Commons, and the Constitutional Law Commons Recommended Citation 20 Or. Rev. Int'l L. 1 (2018) This Article is brought to you for free and open access by the Faculty Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Publications by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. ARTICLES ERIC C. CHRISTIANSEN* Forty Years from Fascism: Democratic Constitutionalism and the Spanish Model of National Transformation Introduction .......................................................................................... 3 I. Constitutional and Anticonstitutional Developments in Spanish History ......................................................................... 6 A. The Constitution of Cádiz .................................................. 7 B. The Constitution of 1931 ................................................... 9 C. Anticonstitutionalism: The Civil War and Francoist Spain ................................................................................ 10 D. Transitioning to the Transformation ................................ 15 II. A Modern Spanish -
Political History of the Balkans (1989–2018) This Page Intentionally Left Blank POLITICAL HISTORY of the BALKANS (1989–2018) Edited by József Dúró – Zoltán Egeresi
The Balkan Peninsula has played a crucial role in human history many times. The region framed the 20th century. The end of the Political History of the Balkans Cold War also had a significant effect on the region as it resulted (1989–2018) in bloody wars, economic collapse and complicated political transitions. The 2000s and 2010s opened the way towards EU membership, as many countries received candidate status and launched accession negotiations – however, this process has recently been facing obstacles. Political History This volume provides a general overview of the Post-Cold War history of the Balkans and explores the dynamics behind these tremendous changes ranging from democratic transitions to EU prospects. The authors describe the transitional period, the evolution of the political system and highlight the most important of the Balkans political developments in each country in the region. We recommend this book to those who seek a deeper insight into the recent history of the Balkans and a deeper understanding of its political developments. (1989–2018) POLITICAL HISTORY OF THE BALKANS (1989—2018) POLITICAL HISTORY The work was created in commission of the National University of Public Service under the priority project PACSDOP-2.1.2-CCHOP-15-2016-00001 entitled “Public Service Development Establishing Good Governance”. Zoltán Egeresi (eds.): Egeresi Zoltán — József Dúró József Edited by JÓZSEF DÚRÓ European Social Fund ZOLTÁN EGERESI INVESTING IN YOUR FUTURE Political History of the Balkans (1989–2018) This page intentionally left blank POLITICAL HISTORY OF THE BALKANS (1989–2018) Edited by József Dúró – Zoltán Egeresi Dialóg Campus Budapest, 2020 The work was created in commission of the National University of Public Service under the priority project PACSDOP-2.1.2-CCHOP-15-2016-00001 entitled “Public Service Development Establishing Good Governance”. -
The Judicial Application of Human Rights Law
This page intentionally left blank THE JUDICIAL APPLICATION OF HUMAN RIGHTS LAW National, Regional and International Jurisprudence Since the proclamation of the Universal Declaration of Human Rights, over 140 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural tradi- tions brings new dimensions to concepts first articulated in 1948. Nihal Jayawickrama draws on all available sources to encapsulate the judicial interpretation of human rights law in one ambitious, comprehensive volume. Jayawickrama covers the case law of the superior courts of eighty countries in North America, Europe, Africa, Asia, the Caribbean and the Pacific, as well as jurisprudence of the UN Human Rights monitoring bodies, the European Court of Human Rights, and of the Inter-American system. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive compendium will be essential for legal practitioners, and government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights law. nihal jayawickrama was the Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan. He taught both constitutional law and the international law of human rights at the University of Hong Kong, and published on a range of contemporary legal, constitutional and human rights issues. An advocate for a Bill of Rights in Hong Kong prior to the transfer of sovereignty in 1997, he was involved in the processes that led to its fruition. Executive Director of Transparency International from 1997 to 2000, he is currently a consultant on gover- nance and judicial reform. -
The New Spanish Constitution, Comments and Full Text, 7 Hastings Const
Hastings Constitutional Law Quarterly Volume 7 Article 2 Number 1 Fall 1979 1-1-1979 The ewN Spanish Constitution, Comments and Full Text George E. Glos Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation George E. Glos, The New Spanish Constitution, Comments and Full Text, 7 Hastings Const. L.Q. 47 (1979). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol7/iss1/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. The New Spanish Constitution, Comments and Full Text by GEORGE E. GLOS* Introduction Spain has a new constitution after nearly half a century. The con- stitutional provisions existing prior to their repeal by the new constitu- tion consisted of a number of constitutional enactments rather than of a single document.' The new Spanish Constitution, a consolidation of old and new, was worked out by the Spanish parliament, the Cortes, on the basis of a government submitted draft, and represents the outcome of an agreement between the two leading political parties in Spain, the Unibn de Centro Democrztico (Democratic Center Union) and the Par- /ido Socialista Obrero Espahol (Socialist Labor Party). Together these parties hold an absolute majority in the Cortes. The constitution was approved by the Cortes on October 31, 1978, and by the voters in a plebiscite on December 6, 1978.