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Constitution
Kinds of Constitution Selected AbstractsTHE POLITICAL ECONOMY OF OVERLAPPING JURISDICTIONS AND THE FRENCH/DUTCH REJECTION OF THE EU CONSTITUTIONECONOMIC AFFAIRS, Issue 1 2006Jean-Luc Migué In seeking to protect their failed social model by rejecting the EU constitution, French and Dutch voters ironically contributed to promoting the very ,liberal' order they misunderstand and despise. When, as in federalist politics, functions overlap, two levels of government compete for the same votes in the same territory in the supply of similar services. Not unlike the tragedy of the commons in oil extraction, it is in the interest of both political authorities to seek to gain votes in implementing the programme first. The overall equilibrium supply of public services is excessive and both levels of government have a tendency to invade every field. Short of effective constitutional limits on the powers of the central government, a more decentralised EU offers an opportunity to overcome the common-pool problem of multi-level government. [source] A POLITICAL CONSTITUTION FOR THE PLURALIST WORLD SOCIETY?,JOURNAL OF CHINESE PHILOSOPHY, Issue 3 2007JÜRGEN HABERMAS [source] LOWE'S DEFENCE OF CONSTITUTION AND THE PRINCIPLE OF WEAK EXTENSIONALITYRATIO, Issue 2 2008David B. Hershenov E.J. Lowe is one of the few philosophers who defend both the existence of spatially coincident entities and the Principle of Weak Extensionality that no two objects which have proper parts have exactly the same proper parts at the same time. Lowe maintains that when spatially coincident things like the statue and the lump of bronze are in a constitution relation, the constituted entity (the statue) has parts that the constituting entity (the lump) doesn't, hence the compatibility with Weak Extensionality. My contention is that his argument for why the statue has parts the lump of bronze lacks can also be used to show that the lump of bronze has parts the statue doesn't. This will mean that there is no basis for saying the statue and the lump are in a constitution relation. I argue for accepting a modified account of constitution and abandoning the Principle of Weak Extensionality. [source] ANTIBACTERIAL ACTIVITY AND CHEMICAL CONSTITUTIONS OF OLEA EUROPAEA L. LEAF EXTRACTSJOURNAL OF FOOD PROCESSING AND PRESERVATION, Issue 3 2010MIHRIBAN KORUKLUOGLU ABSTRACT The in vitro antimicrobial activity of aqueous, acetone, diethyl ether and ethyl alcohol extracts of olive leaves (Olea europaea L.) was studied. The aqueous extract of olive leaves had no antibacterial effect against the test microorganisms, whereas acetone extract showed inhibitory effect on Salmonella enteritidis, Bacillus cereus, Klebsiella pneumoniae, Escherichia coli, Enterococcus faecalis, Streptococcus thermophilus and Lactobacillus bulgaricus. Furthermore, the antimicrobial activities of some phenolic compounds against microorganisms were tested. The most effective compound was found to be oleuropein while syringic acid was found ineffective. The characterization of phenolic compounds in different extracts determined by high performance liquid chromatography-air pressure chemical ionization-mass spectrometry detector (HPLC-APCI-MSD GC-MS) gas chromatography-mass spectrometry (GC-MS). The acetone and the ethyl alcohol extracts had the most and the least oleuropein content, respectively. PRACTICAL APPLICATIONS In recent years the extracts of many plant species have become popular, and attempts to characterize their bioactive principles have gained speed for many pharmaceutical and food-processing applications. Especially, antimicrobial properties of plants have revived as a consequence of current problems associated with the use of chemical preservatives. Because of consumers' negative perspectives of synthetic preservatives, attention is shifting toward natural alternatives. The findings suggest that olive leaf extracts and their phenolic compounds have good potential as antibacterial substances in food preservation as they may be more acceptable to consumers and the regulatory agencies in comparison with synthetic chemical compounds. [source] Greening the U.S. ConstitutionCONSERVATION BIOLOGY, Issue 6 2003PETER M. LAVIGNE No abstract is available for this article. [source] State and Constitution , A Reply to ScheuermanCONSTELLATIONS: AN INTERNATIONAL JOURNAL OF CRITICAL AND DEMOCRATIC THEORY, Issue 4 2008Hauke Brunkhorst First page of article [source] The Unmaking of a Constitution: Lessons from the European ReferendaCONSTELLATIONS: AN INTERNATIONAL JOURNAL OF CRITICAL AND DEMOCRATIC THEORY, Issue 2 2006Renaud Dehousse First page of article [source] Moment of Stasis: The Successful Failure of a Constitution for EuropeEUROPEAN LAW JOURNAL, Issue 3 2009Andreas Philippopoulos-Mihalopoulos The 2005 French and Dutch negative votes on the Constitution open up a space of conceptualisation, not only of Europe's relation to its demos, but significantly to its failures. Through a critical analysis of mainly Niklas Luhmann's systems theory, the article proposes taking a distance from traditional constitutional dogmatics that are no longer capable of dealing with the paradox of contemporary society, and more specifically with the eventual resurgence of the European project as one of absence and stasis: the two terms are used to explain the need, on the one hand, to maintain the ,absent community' of Europe, and, on the other, to start realising that any conceptualisation of the European project will now have to take place in that space of instability and contingency revealed by the constitutional failure. The relation between law and politics, the location of a constitution, the distinction between social and normative legitimacy, the connection between European identity and demos, and the concept of continuity between constitutional text and context are revisited in an attempt to trace the constitutional failure as the constitutional moment par excellence. [source] The Unpatriotism of the Economic Constitution?EUROPEAN LAW JOURNAL, Issue 2 2008European Identity, Rights to Free Movement, their Impact on National The four single market freedoms can be used by the Court of Justice to strike down Member State laws which represent deeply held aspects of national cultural identity. The article examines whether the court does in fact act in this way and proceeds to argue that the issue of identity protection does not stop with the court. In those policy areas where the court is more interventionist, and its case-law is perceived as an identity threat, one is likely to find binding Treaty-based derogations. Where, in contrast, the effect of the court's case-law poses less of a threat, one is more likely to see non-binding declarations. The article examines a number of policy areas in which specific cultural derogations and declarations are to be found, including abortion, property acquisition, football and alcohol control. [source] European Democracy, the ,Permissive Consensus' and the Collapse of the EU ConstitutionEUROPEAN LAW JOURNAL, Issue 3 2007Achim Hurrelmann Its failure demonstrates the need to pay greater attention to the nature of public support for the EU, and to the ways in which this support is related to the democratic quality of EU institutions. Contrary to what is often assumed, EU support can still be quite adequately described by the figure of a ,permissive consensus'. For better or worse, attempts to democratise EU institutions might undermine this form of support. [source] A European Constitution in a Multinational Europe or a Multinational Constitution for Europe?EUROPEAN LAW JOURNAL, Issue 3 2006Vito Breda How can we transcend our divisions without marginalising those who believe in them? This article critically analyses the theoretical bases of the Treaty Establishing a Constitution for Europe and tries to explain why its ratification is so problematic. Authors such as Habermas have argued that a new European model of social cohesion is needed, and Habermas suggests that the sense of ,community' in a democratic Europe should be founded exclusively on the acceptance of a patriotic constitution. However, this view is criticised by authors such as Weiler and MacCormick. In this article, I explain the limits of these theoretical analyses. I will argue that a European constitutional project can be more than formally legal only if two normative conditions are satisfied: it is the result of public debate and the European Constitution includes the procedures for the recognition of European national diversity. I suggest that a theory of constitutional multinationalism, similar to the one proposed by Tully, might provide an attractive model for a European social integration. The article is divided in two parts. In the first, I explain why Habermas' constitutional patriotism or MacCormick's states based Europe cannot provide a convincing theoretical model for a socially and constitutionally integrated Europe. In the second part, I will give an outline of Tully's idea of multinational democracy as a model for a European constitutional integration. [source] The Court of Justice and the Union CitizenEUROPEAN LAW JOURNAL, Issue 6 2005James D. Mather After all, it was Advocate General Lèger who stated that it was for the Court to ensure that its full scope was attained. The article focuses predominantly on three areas of study: Member State nationality law and citizenship, the effect and meaning of Article 18 EC, and the ever-evolving right to equal treatment for the Union citizen. It is fully updated in the light of recent case law, the Treaty establishing a Constitution for Europe, and the newly adopted Directive 2004/58 EC. [source] Towards a Hierarchy of Legal Acts in the European Union?EUROPEAN LAW JOURNAL, Issue 6 2005Procedures, Simplification of Legal Instruments There is however a clear suggestion of such hierarchy in the sequence in which the newly created legal instruments are listed in Article I-33(1) and in the organisation of the subsequent Articles I-34 to I-37 of the European Constitution. In this contribution, the (lost) logic behind the Union's current set of legal instruments is analysed, followed by an examination of the reform of the system of legal instruments carried out in the European Constitution. Lastly, an attempt is made to answer the question as to whether this reform amounts to the establishment of a genuine hierarchy of legal acts in the Union. [source] Constitutional Legitimacy and Credible Commitments in the European UnionEUROPEAN LAW JOURNAL, Issue 1 2005Antonio Estella The N-C (No Constitution) thesis is being forcefully defended, in particular, by authors in the ,contextual' or ,law in context' tradition. However, likewise using a ,contextual' methodology, in this article I argue that the N-C thesis is in many regards misplaced. In this work, I defend the idea that Europe must adopt a constitution for reasons of credibility. I also try to show the main pitfalls of the N-C thesis. [source] Pathos and Patina: The Failure and Promise of Constitutionalism in the European ImaginationEUROPEAN LAW JOURNAL, Issue 1 2003Ulrich Haltern Legal studies react to the Union's social legitimacy deficit either by funnelling the problem to empirical sociology (accompanied by the familiar call for more transparency and democracy), or by ignoring it altogether. This article argues that the crisis in social acceptance can be traced back to the texture of EU law. Law is more than a body of rules: it is a social practice, a structure of meaning, and a system of beliefs. In this light, national law has a richly textured fabric of cultural resources to rely on, which makes it ,ours'. In contrast, EU law embodies the fluid surface of consumer identity and appears less ,ours'. The Union's counter,measures,adding pathos and patina to neutralise our distrust,have proven unsuccessful. Neither will a new written Constitution be particularly helpful. The way out, rather, is coming to terms with the market citizen, rather than believing in, and forcing upon the consumer, stories of shared values and historically situated commonality. [source] Constitutions, Constitutionalism, and the European UnionEUROPEAN LAW JOURNAL, Issue 2 2001Paul Craig The institutional reforms of the EU, coupled with the EU Charter of Fundamental Rights, have fuelled the debate about a European Constitution. This paper begins by examining the nature of constitutions and constitutionalism. The focus then turns to the EU itself. It is argued that the Community has indeed been transformed into a constitutional legal order, and that the arguments to the contrary are not convincing. This does not however mean that the EU has, or should have, a European Constitution cognisable as such which draws together the constitutional articles of the Treaties, together with the constitutional principles articulated by the European Court of Justice. The difficulties with this strategy are examined in detail, and the conclusion is that we should not at present pursue this course. It would be better to draw on the valuable work done by the European University Institute in its recent study in order to simplify and consolidate the Treaties. [source] Equality and Constitutional Indeterminacy An Interpretative Perspective on the European Economic ConstitutionEUROPEAN LAW JOURNAL, Issue 2 2001Alexander Somek It is claimed that European supranationalism represents an unprecedented mode of political association whose point is to maintain what is good about nationality and the nation state by stripping the latter of its adverse effects. In this article, this claim is submitted to a test by examining how different ways of conceiving of anti-discrimination in the context of intra-Community trading law give rise to two different conceptions of the European economic constitution. While the first one is married to the ideal of behavioural anti-discrimination,that is, of affording protection against discriminatory acts by Member States,whose application would seemingly leave the nation state in its place, the other one takes a system of nation states as something that in and of itself engenders systematically discriminatory effects on international trade. According to the latter, effective anti-discrimination presupposes overcoming such a system altogether. Both conceptions of the economic constitution are manifest in Community law, and at first glance it appears as if adherence to the first one would be consonant with supranationality as a special mode of political association. However, owing to internal predicaments arising from the application of the equality principle (understood as a principle protecting against discrimination), the difference between both conceptions cannot be upheld in practice. Since the first conception is constantly undermined by the second in the course of its application, it remains uncertain, at least in this context, whether or not the European nation state is left in place by the European Economic Constitution. [source] Still the Anomalous Democracy?GOVERNMENT AND OPPOSITION, Issue 1 2009Institutions in Italy, Politics Until the early 1990s, the Italian political system was regarded as anomalous among advanced democracies because of its failure to achieve alternation in government. Since then, that problem has been overcome, but Italy has been popularly viewed as continuing to be different to other democracies because it is ,in transition' between regimes. However, this position itself is becoming increasingly difficult to sustain because of the length of time of this so-called transition. Rather than focus on what is rather an abstract debate, it may be more fruitful to analyse what, in substance, is distinctive about Italian politics in this period: the manner in which a debate over fundamental institutional (including electoral) reform has become entangled in day-to-day politics. This can best be exemplified through an analysis of two key electoral consultations held in 2006: the national elections and the referendum on radically revising the Italian Constitution. [source] Slavery and the FoundingHISTORY COMPASS (ELECTRONIC), Issue 5 2006Matthew Mason One of the oldest but hottest debates over the U.S. Constitution has concerned its relationship to slavery, a dispute that goes right to the heart of the meaning of the founding of the republic. Some observers have portrayed slavery as a , even the , vital problem of the Founding, and denounced the Constitution as a proslavery document. Other scholars contend that this picture unduly elevates the importance of slavery in the contest over the Constitution and distorts the intent of the Founders. This essay reviews recent entries in this debate to frame its argument that slavery figured largely as a weapon that Federalists and Antifederalists wielded to press their more primary points. It examines the debates over , and using , the various slavery clauses in the document to conclude that slavery was a versatile tool in rather than a core concern of the Constitutional Convention and ratification debates. [source] Between reform and inertia: Bolivia's employment and social protection policies over the past 20 yearsINTERNATIONAL LABOUR REVIEW, Issue 3 2009Fernanda WANDERLEY Abstract. With the coming to power in 2006 of Evo Morales' Movement Toward Socialism, Bolivia entered a new stage in its history: a period of ambitious political and economic reform aiming to transcend the neo-liberal development model in place since 1985 and to renew the State on the basis of its new Constitution, drawn up in 2008. Against this background, this article examines changes in labour law and social protection during the 1980s and 1990s and takes stock of the challenges of implementing a development strategy focusing on full employment and equity. [source] The Importance of Actor Cleavages in Negotiating the European ConstitutionINTERNATIONAL STUDIES QUARTERLY, Issue 3 2010Madeleine O. Hosli This paper aims to explore government preferences and cleavages in the bargaining process on the European Constitution, across the range of 25 EU member states. The study focuses on preferences concerning socioeconomic policymaking and explores whether divisions can be discerned between preferences held by actors according to locations on the left-right policy scale, actors in older as compared to newer EU states, net EU budget positions, domestic rates of support for European integration, and smaller as compared to larger states. The analysis also controls for possible external effects, such as recent domestic macroeconomic developments. Negotiations on the European Constitution are found to be determined less by general transnational left-right divisions, but cleavages according to the length of EU membership and the size of EU member states. [source] Thinking about the Recent Past and the Future of the EU,JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 2 2008GEORGE TSEBELIS After the referendums in France and the Netherlands, the European Union was in disarray. However, political elites in all countries were insisting in the adoption of the Treaty Establishing a Constitution for Europe, which in turn was a slight modification of the text adopted in the European Convention. The solution was found in the IGC of Brussels in 2007, where the substance of the Treaty was adopted, and symbolic details (flag, anthem) were dropped out. The article explains the impact of the institutions adopted in the Convention, and argues that these institutions would help political decision-making in the EU. It then explains how such significant results became possible (because of the important role of the Presidium in terms of agenda-setting). Finally it argues that the text of the Constitution became a focal point for all negotiating governments. This is why elites came back to it despite the public disapproval of the referendums. [source] A Constitution for Europe?JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 4 2002Some Hard Choices The Convention on the Future of Europe is likely to produce a constitutional prototype for Europe. In this article I focus on five hard constitutional choices which Europe will face: the constitutional significance of enlargement; the ,pure' constitutional issue, namely the significance of form; the issue of Europe's social solidarity as a defining identity marker and the question of whether it should, therefore, be constitutionalized thereby taking it out of day,to,day politics; the issue of policing rather than defining the demarcation of competences between the Union and Member States; and, finally, the tricky issue of a human rights policy for Europe. [source] Nativist Cosmopolitans: Institutional Reflexivity and the Decline of "Double-Consciousness" in American Nationalist ThoughtJOURNAL OF HISTORICAL SOCIOLOGY, Issue 1 2001Eric Kaufmann Debate in the field of historical sociology on the subject of American citizenship and nationality tends to support one of two theories. The exceptionalist argument holds that American nationalist discourse has historically been based on the universal ideals of liberty enshrined in the Constitution, and has been inclusive in character. Critics contend that this was not the case , arguing that the narrative of American national identity has typically been grounded on exclusive ethno-cultural criteria like race, religion or language. This essay attempts to demonstrate that the truth encompasses, yet transcends, both positions. This is not because there were conflicting parties in the nineteenth century nationality debate , indeed, there was a great deal of elite consensus as to the meaning of American nationhood prior to the twentieth century which simultaneously affirmed both the universalist and particularist dimension of Americanism. How to explain this apparent contradiction, which Ralph Waldo Emerson termed "double-consciousness?" This paper suggests that the nineteenth century popularity of dualistic statements of American nationhood, and the eclipse of such conceptions in the twentieth, is a complex sociological phenomenon that can only fully be explained by taking into account the development of institutional reflexivity in the United States. [source] Políticas de la alteridad: Etnización de "comunidad negra" en el Pacífico sur colombianoJOURNAL OF LATIN AMERICAN & CARIBBEAN ANTHROPOLOGY, Issue 2 2002Eduardo RestrepoArticle first published online: 28 JUN 200 The ethnicization of the "black community" in the southern Colombian Pacific region is a process that originated at the beginning of the 1990s. Associated with the ruling of the article in the Political Constitution of 1991, which recognizes cultural rights and specific territories for the "black community," an innovative dynamic of organization was consolidated, articulated to politics of alterity in which multiple mediations and actors intervened. The present article is a contribution to the ethnography of the production of alterity, focusing on the black community as a political and legal subject in the region of the southern Colombian Pacific. [source] Affirmative Action: A German Perspective on the Promotion of Women's Rights with Regard to EmploymentJOURNAL OF LAW AND SOCIETY, Issue 1 2006Anke J. Stock This paper discusses affirmative action policies in Germany. After German reunification, women from both east and west had hoped for a new codification of their rights, including positive obligations on the state to promote gender equality. However, the amendments to the Basic Law in November 1994 did not clearly endorse this approach. Opinions still differ as to whether Articles 3(2) and 3(3) of the Constitution allow for affirmative action with regard to women's employment. In 2001 quotas for the public employment sector were finally introduced, but the use of quotas for private sector employment still faces serious opposition. Nevertheless, the concept of affirmative action is not new to the German legal system: since the eighteenth century, quota schemes have been used to ensure the employment of (war-) disabled persons. This article examines the different approaches to employment quotas for women and disabled persons, and critically evaluates the reasons for divergence. [source] Estopped by Grand Playsaunce: Flann O'Brien's Post-colonial LoreJOURNAL OF LAW AND SOCIETY, Issue 1 2004Joseph Brooker This article seeks to extend our understanding of the Irish writer Flann O'Brien (Myles na gCopaleen, Brian O'Nolan) by reading him from a Law and Literature perspective. I suggest that O'Nolan's painstaking and picky mind, with its attention to linguistic nuance, was logically drawn to the languages of law. In this he confirmed the character that he showed as a civil servant of the cautious, book-keeping Irish Free State. The Free State, like other post-colonial entities, was marked at once by a rhetoric of rupture from the colonial dispensation and by a degree of legal and political continuity. I suggest that O'Nolan's writing works away at both these aspects of the state, alternating between critical and utopian perspectives. After establishing an initial context, I undertake a close reading of O'Nolan's parodies of actual legal procedure, focusing on questions of language and censorship. I then consider his critical work on the issue of Irish sovereignty, placing this in its post-colonial historical context. Finally I describe O'Nolan's treatment of Eamon de Valera's 1937 Constitution. I propose that his attention to textual detail prefigures in comic form the substantial rereadings of the Constitution that have been made in the last half-century. [source] Ralph Ellison and the Constitution of JazzocracyJOURNAL OF POPULAR MUSIC STUDIES, Issue 1 2004William J. Maxwell [source] Swift,and,Erie: The Trials of an Ephemeral Landmark CaseJOURNAL OF SUPREME COURT HISTORY, Issue 3 2009TONY A. FREYER Like jazz improvisation, the meaning of,Swift v. Tyson,was elusive.1 Justice Joseph Story's 1842 opinion concerning an important commercial-law issue arose from a jury trial.2 When the creditor plaintiff appealed, counsel for the winning debtor raised as a defense Section 34 of the 1789 Judiciary Act. The federal circuit court disagreed about the standing of commercial law under Section 34. Although profound conflicts otherwise divided nationalist and states'-rights proponents, the Supreme Court endorsed Story's commercial-law opinion unanimously.3 New members of the Court and the increasing number of federal lower-court judges steadily transformed the,Swift,doctrine; after the Civil War it agitated the federal judiciary, elite lawyers, and Congress.4 Asserting contrary tenets of American constitutionalism, the Supreme Court overturned the ninety-six-year-old precedent in,Erie Railroad v. Tompkins,(1938).5 The,Swift,doctrine's resonance with changing times was forgotten. The Court and the legal profession established, transformed, and abandoned the doctrine though an adversarial process and judicial instrumentalism. Although the policy of each decision reflected its time, Story's opinion was more consistent with the federalism of the early Constitution than was,Erie.6 [source] Interpreting the Bill of Rights and the Nature of Federalism: Barron v. City of BaltimoreJOURNAL OF SUPREME COURT HISTORY, Issue 3 2007BRENDAN J. DOHERTY In 1833, a mere forty-five years after the Constitution of the United States took effect, the young republic was striving to establish the form its constitutional government would take. For while the Constitution and its first ten amendments had set forth many principles regarding the rights of individual citizens with respect to the actions of their government, the precise nature of these relations would be determined in large part by U.S. Supreme Court Chief Justice John Marshall. [source] | ||||||||||||||||||||||||||||||||||||||||||||||||||||