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Showing papers on "Constitution published in 2013"


01 Jan 2013
TL;DR: Lijphart as mentioned in this paper presents a set of such recommendations, focusing in particular on the constitutional needs of countries with deep ethnic and other cleavages, and his recommendations will indicate as precisely as possible which particular power-sharing rules and institutions are optimal and why.
Abstract: Over the past half-century, democratic constitutional design has undergone a sea change. After the Second World War, newly independent countries tended simply to copy the basic constitutional rules of their former colonial masters, without seriously considering alternatives. Today, constitution writers choose more deliberately among a wide array of constitutional models, with various advantages and disadvantages. While at first glance this appears to be a beneficial development, it has actually been a mixed blessing: Since they now have to deal with more alternatives than they can readily handle, constitution writers risk making ill-advised decisions. In my opinion, scholarly experts can be more helpful to constitution writers by formulating specific recommendations and guidelines than by overwhelming those who must make the decision with a barrage of possibilities and options. This essay presents a set of such recommendations, focusing in particular on the constitutional needs of countries with deep ethnic and other cleavages. In such deeply divided societies the interests and demands of communal groups can be accommodated only by the establishment of power sharing, and my recommendations will indicate as precisely as possible which particular power-sharing rules and institutions are optimal and why. (Such rules and institutions may be useful in less intense forms in many other societies as well.) Most experts on divided societies and constitutional engineering broadly agree that deep societal divisions pose a grave problem for democracy, and that it is therefore generally more difficult to establish and maintain democratic government in divided than in homogeneous Arend Lijphart is Research Professor Emeritus of Political Science at the University of California, San Diego. He is the author of Patterns of Democracy: Government Forms and Performance in Thirty-Six Countries (1999) and many other studies of democratic institutions, the governance of deeply divided societies, and electoral systems.

542 citations


Journal ArticleDOI
TL;DR: In the context of an existential challenge, the intergovernmental approach faced a structural difficulty in solving basic dilemmas of collective action as discussed by the authors, and the euro crisis has thus represented a test for the validity of the inter-governmental constitution of the Lisbon Treaty.
Abstract: The Lisbon Treaty has institutionalized a dual constitution, supranational in the single market’s policies and intergovernmental in (among others) economic and financial policies. The extremely complex system of economic governance set up for answering the euro crisis has been defined and implemented on the basis of the intergovernmental constitution of the EU. The euro crisis has thus represented a test for the validity of the intergovernmental constitution of the Lisbon Treaty. Although the measures adopted in the period 2010-2012, consisting of legislative decisions and new intergovernmental treaties, are of an unprecedented magnitude, they were nevertheless unable to promote effective and legitimate solutions for dealing with the financial crisis. In the context of an existential challenge, the intergovernmental approach faced a structural difficulty in solving basic dilemmas of collective action.

149 citations


BookDOI
05 Jun 2013
TL;DR: Steinmetz as discussed by the authors discusses the relationship between the Durkheimian School and colonialism and the emergence of American Sociology in the context of empire, and the recent intensification of American economic and military Imperialism.
Abstract: Preface / George Steinmetz ix 1. Major Contributions to Sociological Theory and Research on Empire, 1830s-Present / George Steinmetz 1 Part I. National Sociological Fields and The Study of Empire 2. Russian Sociology in Imperial Context / Alexander Semyonov, Marina Mogilner, and Ilya Gerasimov 53 3. Sociology's Imperial Unconscious: The Emergence of American Sociology in the Context of Empire / Julian Go 83 4. Empire for the Poor: Imperial Dreams and the Quest for an Italian Sociology, 1870s-1950s / Marco Santoro 106 5. German Sociology and Empire: From Internal Colonization to Overseas Colonization and Back Again / Andrew Zimmerman 166 6. The Durkheimian School and Colonialism: Exploring the Constitutive Paradox / Fuyuki Kurasawa 188 Part II. Current Sociological Theories of Empire 7. The Recent Intensification of American Economic and Military Imperialism: Are They Connected? / Michael Mann 213 8. The Empire's New Laws: Terrorism and the New Security Empire after 9/11 / Kim Lane Scheppele 245 9. Empires and Nations: Convergence or Divergence? / Krishan Kumar 279 10. The New Surgical Imperialism: China, Africa, and Oil / Albert J. Bergesen 300 Part III. Historical Studies of Colonialism and Empire 11. Nation and Empire in the French Context / Emmanuelle Saada 321 12. Empire and Development in Colonial India / Chandan Gowda 340 13. Building the Cities of Empire: Urban Planning in the Colonial Cities of Italy's Fascist Empire / Besnik Pula 366 14. Japanese Colonial Structure in Korea in Comparative Perspective / Ou-Byung Chae 396 15. Native Policy and Colonial State Formation in Pondicherry (India) and Vietnam: Recasting Ethnic Relations, 1870s-1920s / Anne Raffin 415 16. The Constitution of State/Space and the Limits of "Autonomy" in South Africa and Palestine/Israel / Andy Clarno 436 17. Resistance and the Contradictory Rationalities of State Formation in British Malaya and the American Philippines / Daniel P. S. Goh 465 Conclusion. Understanding Empire / Raewyn Connell 489 Bibliography 499 List of Contributors 575 Index

139 citations


Book
25 Mar 2013
TL;DR: In this article, the authors discuss the effects of the new institutions on Indonesian politics and discuss their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence, and examine the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
Abstract: How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.

124 citations


MonographDOI
01 Jan 2013
TL;DR: The political and social thought of Andrew Arato is discussed in this paper, where the authors discuss the contemporary relevance of Arato's Democratic Theory and its relevance in the modern Republican Executive.
Abstract: Introduction: The Political and Social Thought of Andrew Arato Enrique Peruzzotti and Martin Plot PART I: From Critical Theory to Constitution Making: The Contemporary Relevance or Arato's Democratic Theory 1. Democracy, Anti-politics and the Actuality of the History of Political Thought Dick Howard 2. Constitutionalism in Fragmented Societies: The Integrative Function of Constitutions Ulrich K. Preuss 3. The Concept of "Self-Binding" in Constitutional Theory Hubertus Buchstein 4. Popular Sovereignty Janos Kis 5. Palestinians in Israel: The Constitutional Debates Uri Ram PART II - Civil Society, Populism, and the Modern Executive: Arato's Intellectual Influence in the Americas 6. The Concept of Civil Society and the Latin American Debate on Democratic Innovation Alberto J. Olvera 7. Civil Society in Latin America: From the Excluded Other to Democratic Deepening Leonardo Avritzer 8. Between Authoritarianism and Democracy in Latin America's Re-Founding Revolutions Carlos de la Torre 9. The Bad Uses of the Concept of Populism in Latin America Nicolas Lynch 10. A Trickling Fountain or a Devastating Torrent: Andrew Arato's Theory of the Modern Republican Executive Maria Victoria Crespo Appendix I: Conceptual History of Dictatorship (And its Rivals) Andrew Arato Appendix II: Andrew Arato's Bibliography

119 citations


MonographDOI
01 Jan 2013
TL;DR: In this paper, two layers of the European economic constitution are discussed, and the authors propose a framework for the analysis of the economic crisis and the response to the crisis, as well as the reform of the macroeconomic constitution.
Abstract: Part I. Setting the Scene: 1. Introduction: framework of the analysis 2. Two layers of the European economic constitution 3. Towards the crisis: an economic narrative 4. Responses to the crisis Part II. Constitutional Mutation: 5. Constitutionality of European measures 6. Realignment of the principles of the macroeconomic constitution 7. Democracy and social rights Part III. What Next?: 8. Initiatives on the table.

112 citations




Book
24 Nov 2013
TL;DR: In this article, the authors discuss the fiction of "We the People": Is the Constitution Binding on us? 11 CHAPTER Two Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People 32 CHAPTER Three Natural Rights as Liberty Rights: Retained Rights, Privileges or Immunities 53 PART II.
Abstract: Preface ix INTRODUCTION Why Care What the Constitution Says? 1 PART I. Constitutional Legitimacy CHAPTER ONE The Fiction of "We the People": Is the Constitution Binding on Us? 11 CHAPTER TWO Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People 32 CHAPTER THREE Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities 53 PART II. Constitutional Method CHAPTER FOUR Constitutional Interpretation: An Originalism for Nonoriginalists 89 CHAPTER FIVE Constitutional Construction: Supplementing Original Meaning 118 CHAPTER SIX Judicial Review: The Meaning of the Judicial Power 131 PART III. Constitutional Limits CHAPTER SEVEN Judicial Review of Federal Laws:The Meaning of the Necessary and Proper Clause 153 CHAPTER EIGHT Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause 191 CHAPTER NINE The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong 224 CHAPTER TEN The Presumption of Liberty: Protecting Rights without Listing Them 253 PART IV. Constitutional Powers CHAPTER ELEVEN The Proper Scope of Federal Power: The Meaning of the Commerce Clause 274 CHAPTER TWELVE The Proper Scope of State Power:Construing the "Police Power" 319 CHAPTER THIRTEEN Showing Necessity: Judicial Doctrines and Application to Cases 335 CONCLUSION Restoring the Lost Constitution 354 Index of Cases 359 Index of Names 360 General Index 363

95 citations


Book
15 Feb 2013
TL;DR: Niraja Jayal as discussed by the authors explores a century of contestations over citizenship from the colonial period to the present, analyzing evolving conceptions of citizenship as legal status, as rights, and as identity.
Abstract: Breaking new ground in scholarship, Niraja Jayal writes the first history of citizenship in the largest democracy in the world-India. Unlike the mature democracies of the west, India began as a true republic of equals with a complex architecture of citizenship rights that was sensitive to the many hierarchies of Indian society. In this provocative biography of the defining aspiration of modern India, Jayal shows how the progressive civic ideals embodied in the constitution have been challenged by exclusions based on social and economic inequality, and sometimes also, paradoxically, undermined by its own policies of inclusion. Citizenship and Its Discontents explores a century of contestations over citizenship from the colonial period to the present, analyzing evolving conceptions of citizenship as legal status, as rights, and as identity. The early optimism that a new India could be fashioned out of an unequal and diverse society led to a formally inclusive legal membership, an impulse to social and economic rights, and group-differentiated citizenship. Today, these policies to create a civic community of equals are losing support in a climate of social intolerance and weak solidarity. Once seen by Western political scientists as an anomaly, India today is a site where every major theoretical debate about citizenship is being enacted in practice, and one that no global discussion of the subject can afford to ignore.

82 citations


Book
30 Dec 2013
TL;DR: Ginsburg and Simpser as discussed by the authors discuss the role of the military in the creation of a living constitution in the case of Kyrgyzstan, Moldova, and Ukraine.
Abstract: 1 Introduction Tom Ginsburg and Alberto Simpser Part I The Category: 2 Ruling against rules Adam Przeworski 3 Authoritarian constitutionalism: some conceptual considerations Mark Tushnet Part II Constitutional Design in Authoritarian Regimes: 4 The political economy of autocratic constitutions Michael Albertus and Victor Menaldo 5 Authoritarian constitution making: the role of the military in Latin America Gabriel Negretto 6 Constitutions in authoritarian regimes: the Egyptian constitution of 1971 Kristen Stilt Part III Contents of Authoritarian Constitutions: 7 The content of authoritarian constitutions Tom Ginsburg, Zachary Elkins and James Melton 8 Constitutional variation among strains of authoritarianism David S Law and Mila Versteeg Part IV Consequences of Authoritarian Constitutions: 9 The role of presidential power in authoritarian elections Jennifer Gandhi 10 The informal politics of formal constitutions: rethinking the effects of 'presidentialism' and 'parliamentarism' in the cases of Kyrgyzstan, Moldova, and Ukraine Henry E Hale 11 The Party's leadership as a living constitution in China He Xin

Journal ArticleDOI
TL;DR: The authors argue that the racialization of African migrants and xenophobic sentiment are about the politics of access; a struggle for political and socio-economic resources, and that South African citizens exhibit high levels of xenophobia towards African citizens, subjecting them to different forms of prejudice and discrimination.
Abstract: Post-apartheid South Africa was built on a culture of inclusiveness, tolerance and human rights, embodied in its 1996 Constitution. However, as this paper shows, South African citizens exhibit high levels of xenophobia towards fellow African citizens, subjecting them to different forms of prejudice and discrimination. The paper argues that the racialization of African migrants- the other- and xenophobic sentiment are about the politics of access; a struggle for political and socio-economic resources.

Posted Content
TL;DR: The authors analyzes individual standing for the structural principles of the federal Constitution from both doctrinal and political economy perspectives and shows that enlarging the pool of litigants by allowing individual as well as institutions to sue is unlikely to yield closer conformity to the Constitution given interest group dynamics.
Abstract: Who speaks in federal court for the structural principles of the federal Constitution? Under familiar practice — endorsed by the Supreme Court in its 2011 decision Bond v. United States — it is not solely the institutions empowered directly by federalism or the separation of powers but also individual litigants who can raise structural constitutional objections. Such individual standing for the structural constitution is unusual because, in effect, it enables a species of third-party standing elsewhere condemned by the Court. This Article analyzes individual standing for the structural constitution from both doctrinal and political economy perspectives. Such individual standing, I contend, conflicts with Article III’s larger ambition to exclude from federal court those controversies with excessive externalities. Consideration of structural litigation’s political economy further shows that enlarging the pool of litigants by allowing individual as well as institutions to sue is unlikely to yield closer conformity to the Constitution given interest group dynamics. As an alternative to the current regime, the Article specifies a straitened regime of narrow justiciability that is more harmonious with Article III goals and more likely to secure fidelity to the structural constitution.

Journal ArticleDOI
TL;DR: The authors explores the way that people now retell the history of earlier debates, and argues that these retellings suggest both the power and the plasticity of claims to historical knowledge, and that they reveal a profound fault line within ‘secessionist’ opinion, which separates those who claim political primacy on the basis of autochthony from those who locate their claim to independence in the language of colonial-era treaties.
Abstract: Following the elections of 2007, there was a significant increase in public expressions of secessionist feeling on the Kenya coast. During 2010 and 2011, one manifestation of this was the emergence of the Mombasa Republic Council (MRC), which demands independence for the coastal region. The language of secessionism is historical, and revisits the vivid political debates of the late 1950s and early 1960s, when politics in coastal Kenya revolved successively around two constitutional issues. The first was the possibility that the Ten-Mile Strip, nominally the sovereign territory of the Sultan of Zanzibar, might not become a part of independent Kenya; the second was the ‘regionalist’ constitution of 1963–4. This article explores the way that people now retell the history of earlier debates, and argues that these retellings suggest both the power and the plasticity of claims to historical knowledge, and that they reveal a profound fault line within ‘secessionist’ opinion, which separates those who claim political primacy on the basis of autochthony from those who locate their claim to independence in the language of colonial-era treaties. Such divisions are important, because they shape the way that secessionist arguments are framed, and the potential for secessionist politics to undermine the unity of the Kenyan state.

Journal ArticleDOI
TL;DR: In this paper, the authors analyze the origins of modern Catalan nationalism by tracing back its roots to Franco's dictatorship and the subsequent transition to democracy and analyze the reasons behind the qualitative shift from devolution to secession embodied in the rise of a novel bottom-up Catalan secessionist movement, which has developed in the last five years or so.
Abstract: The article is divided into four main parts. First it offers a theoretical framework, which includes key concepts such as nation, state and nation without state. Second, it examines the origins of modern Catalan nationalism by tracing back its roots to Franco's dictatorship and the subsequent transition to democracy. Third, it analyses the reasons behind the qualitative shift from devolution to secession embodied in the rise of a novel bottom-up Catalan secessionist movement, which has developed in the last five years or so. This movement supports the idea of holding a referendum on Catalan independence from Spain—so far, strictly forbidden by the Spanish state. This part also analyses the impediments to a ‘referendum’ on Catalan independence founded upon the Spanish Constitution. The final part focuses on the main arguments invoked by Catalans when prompted to account for the rise of secessionism, only recently introduced into the Catalan political landscape.

Book
17 Jun 2013
TL;DR: Negretto as mentioned in this paper provides the first systematic explanation of the origins of constitutional designs from an analytical, historical, and comparative perspective, and emphasizes the importance of the events that trigger reform and the designers' level of electoral uncertainty for understanding the relative impact of short-term partisan interests on constitution writing.
Abstract: This book provides the first systematic explanation of the origins of constitutional designs from an analytical, historical, and comparative perspective. Based on a comprehensive analysis of constitutional change in Latin America from 1900 to 2008 and four detailed case studies, Gabriel Negretto shows that the main determinants of constitutional choice are the past performance of constitutions in providing effective and legitimate instruments of government and the strategic interests of the actors who have influence over institutional selection. The book explains how governance problems shape the general guidelines for reform, while strategic calculations and power resources affect the selection of specific alternatives of design. It also emphasizes the importance of the events that trigger reform and the designers' level of electoral uncertainty for understanding the relative impact of short-term partisan interests on constitution writing. Negretto's study challenges predominant theories of institutional choice, and paves the way for the development of a new research agenda on institutional change

Journal ArticleDOI
TL;DR: The Italian commons (beni comuni) movement is a powerful example of the way in which social movements are emerging as the new pouvoir constituant serving not only to enforce the protections and guarantees of national constitutions but also, in the context of the declining power of the nation-state, as a counter hegemonic force against the neoliberal economic constitutionalism of the international economic institutions as mentioned in this paper.
Abstract: The Italian commons (beni comuni) movement is a powerful example of the way in which social movements are emerging as the new pouvoir constituant serving not only to enforce the protections and guarantees of national constitutions but also, in the context of the declining power of the nation-state, as a counter hegemonic force against the neoliberal economic constitutionalism of the international economic institutions. The common goods social movement in Italy was born out of the concerted action of a number of civil society groups combatting neoliberal privatizations. This commons movement, as will be argued in this paper, is an instance of one of the many struggles taking place throughout the world; from the Bolivian Andes to the Indian Himalayas, where local people are pushing out the state and predatory multinationals, and resisting the collusion of state and market actors to enclose common spaces and resources. These individual struggles for the commons are emerging as a transnational social movement challenging the top-down economic constitutionalism of the World Trade Organization (WTO), and in the context of Europe what has been dubbed the “troika” of the European Central Bank, the European Commission, and the International Monetary Fund (IMF). Part I argues that social movements are giving new life and meaning to the concept of popular sovereignty by challenging the assumptions underpinning the liberal constitutional form, namely of private property, and providing a much needed channel for political confrontation where parliamentary politics has failed to protect the public from predatory private actors. Part II offers a participant observation exploring the national constituent role played by the beni comuni social movement in upholding the protections and guarantees of the Italian Constitution. Finally, Part III attempts to describe the global commons movement as engaged in a form of bottom-up constitutionalism an emerging form of pouvoir constituant in a supranational constituent process of reclaiming commons from predatory multinational actors through bottom-up societal constitutionalism.

Journal ArticleDOI
TL;DR: In this paper, the European Union's constitution-making is used as a case study to examine how political actors can emerge through contestation by political actors in response to political opportunities, and the findings demonstrate the transformative impact of the French referendum as a specific opportunity.
Abstract: This article takes the European Union's constitution-making as a case study to examine 'how' politicization can emerge through contestation by political actors in response to political opportunities It advances understanding of the conditions and processes through which politicization emerges by undertaking empirical analysis The primary data source is an original sample of political actors' claims-making over European integration issues retrieved from news samples in France, Germany and Britain during the constitution event (2000-05) Main tenets of prominent theories on politicization are unpacked and tested in relation to the evidence from the claims-making analysis The findings demonstrate the transformative impact of the French referendum as a specific opportunity: politicization was largely restricted to internal national contestation by French actors; political party competition was the prominent contestation form; and the Socialists mobilized against the constitution by advocating 'Social Europe' This transformed the political space by introducing competition over Europe into the party system's core

Book
11 Jul 2013
TL;DR: In this paper, the authors introduce the concept of women's rights in the context of Disconnections, Disconnection, Mobilisation, Transition, New government, new constitution, and elections.
Abstract: * Introduction * 1. Disconnections * 2. Mobilisation * 3. Revolution * 4. Transition * 5. Elections * 6. New government, new constitution * 7. Women's rights * Conclusion * Afterword


Journal ArticleDOI
TL;DR: The City Statute, an innovative national legal framework directed to strengthen local planning and land management towards more equitable and sustainable urban development, was approved by Brazilian Congress in 2001 as a result of political and legal reforms arising from the new Constitution of 1988 in the context of Brazilian democratisation as discussed by the authors.
Abstract: The City Statute, an innovative national legal framework directed to strengthen local planning and land management towards more equitable and sustainable urban development, was approved by Brazilian Congress in 2001 as a result of political and legal reforms arising from the new Constitution of 1988 in the context of Brazilian democratisation. A decade later, we examine if, where and how this legal framework has been implemented in the country. This assessment must consider the political and social dimensions of the process that resulted in the Statute, as well as the ways those dimensions were transformed in Brazil throughout the 10 years since the Statute's approval by the National Congress. The hypothesis presented by this article is that the entire process of formulation, approval, enforcement and interpretation of the City Statute has been a history of disputes between different urban reform projects in the country, particularly between a rights-based approach of the urban reform movement and a marke...

Journal ArticleDOI
TL;DR: In this paper, the authors studied the role of gender quotas in the election of women in the Moroccan parliament. But they did not examine the effect of these quotas on women's equal participation and representation.
Abstract: Synopsis This article surveys the adoption and implementation of gender quota provisions in the three Moroccan parliamentary elections, 2002, 2007 and 2011, following the first adoption of gender quotas. Despite being effective in bringing a substantial number of women into the parliament, the question should be asked, can gender quotas, once introduced, lead to more sustainable political representation for women? By introducing the concept of sustainable representation, defined as a durable, substantial political representation of women, this article points to the importance of studying how gender quotas may or may not alter some of the barriers, which prevents women's equal participation and representation. This study of the nomination and election of women through three subsequent elections in Morocco since the adoption of gender quotas, traces the evolution of the reserved seat system from a controversial and fragile system set by an ‘honorary agreement’ to an expanded and finally legalized system. The analysis suggests that the political uprising in the neighboring countries during 2010–11 created a political transitional atmosphere for the reform of the Moroccan constitution, and provided an opportunity for institutionalizing the principle of gender equality in the 2011 constitution. In exploring the link between the reserved seat system and having women elected in the general district seats in Moroccan elections, the article scrutinizes the widespread supposition in the quota literature that quotas in the form of reserved seats tend to block the nomination of women to constituency seats, thus constituting a kind of glass ceiling.

Journal ArticleDOI
TL;DR: In the last few years, justice has emerged as a matter of concern for the contemporary constitution of technoscience as discussed by the authors, and increasingly, both practicing scientists and engineers and scholars of science...
Abstract: In the last few years, justice has emerged as a matter of concern for the contemporary constitution of technoscience. Increasingly, both practicing scientists and engineers and scholars of science ...

Journal ArticleDOI
TL;DR: Results of epidemiological surveys revealed that people with phlegm-dampness constitution have a much higher risk of obesity, metabolic syndrome, hypertension and diabetes than people with a balanced constitution, and differentiation of phlegM-dampingness constitution could be performed in the normal population with the Constitution of Chinese Medicine Scale to estimate the risks of those diseases for prediction.
Abstract: The constitution of traditional Chinese medicine was established in 1970s by Chinese scholars, in which the constitutions of Chinese people were classified into nine types for study. The phlegm-dampness constitution is one of the nine constitutions and is the most common type in constitution study. Genomics studies found four upregulated genes: COPS8, GNPDA1, CD52 and ARPC3; and six downregulated genes: GSPT2, CACNB2, FLJ20584, UXS1, IL21R and TNPO in the phlegm-dampness constitution. Gene functional analyses on genes affecting the differences between the phlegm-dampness constitution and the balanced constitution indicated that people with phlegm-dampness constitution were susceptible to hyperlipemia and diabetes. Results of epidemiological surveys also revealed that people with phlegm-dampness constitution have a much higher risk of obesity, metabolic syndrome, hypertension and diabetes than people with a balanced constitution. Therefore, differentiation of phlegm-dampness constitution could be performed in the normal population with the Constitution of Chinese Medicine Scale to estimate the risks of those diseases for prediction. For people with phlegm-dampness constitution, Chinese medicine could be used to reduce risk of related diseases. Constitution-based strategies in disease prevention and treatment are consistent with the current proposed 4P medical mode (personalized, predictive, preventive and participatory). With the rising burden of global disease and increasing medical expenditure, the objectives of medicine are transforming from treatment to prevention. Thus, studies on the phlegm-dampness constitution of traditional Chinese medicine are significantly important for the prediction and prevention of related diseases and maintenance of human health.

Book
07 Aug 2013
TL;DR: This book discusses the first Latin American Constitutions (1810-1850), the crisis of the post-colonial constitutional model, and what have the authors learned in 200 years of constitutionalism?
Abstract: Preface Chapter 1: The first Latin American Constitutions (1810-1850) Chapter 2: "Fusion constitutionalism": the liberal-conservative compact at the second half of the 19 Chapter 3: The material basis of the Constitution Chapter 4: The limits imposed by the past upon the new Constitutions Chapter 5: The crisis of the post-colonial constitutional model. Positivism and revolution, at the beginning of the new Century Chapter 6: Constitutionalism at the mid-20 Chapter 7: Grafting social Rights onto hostile Constitutions Chapter 8: Contemporary constitutionalism I. Constitutions in internal tension Chapter 9: Contemporary constitutionalism II. The "engine room" of the Constitution Chapter 10: What have we learned in 200 years of constitutionalism? For an egalitarian constitutionalism Notes Bibliography Index

Journal ArticleDOI
TL;DR: In this article, the origins and evolution of social assistance institutions in Brazil are studied, paying due attention to the role of ideas and politics in the evolution of these social assistance systems.
Abstract: The rise of social assistance in Brazil has been remarkable. The 1988 Constitution signalled a renewed ‘social contract’ leading to citizenship-based social assistance providing guaranteed income to older and disabled people in poverty. Municipal activism in the 1990s extended the provision of direct transfers to all households in poverty through Bolsa Escola and other programmes later consolidated into Bolsa Familia. This article studies the origins and evolution of social assistance institutions in Brazil, paying due attention to the role of ideas and politics.

Journal Article
TL;DR: In this paper, the authors trace how an appalling episode of violence against a woman is articulated within stable categories of gender and invite state intervention in the form of criminal justice, stringent sentencing and a strengthened sexual security regime.
Abstract: In this paper, I use the recent 'Delhi rape' case that received global attention in 2012 to trace how an appalling episode of violence against a woman is articulated within stable categories of gender and invites state intervention in the form of criminal justice, stringent sentencing and a strengthened sexual security regime. I argue that the stability of gender and gender categories based on the binary of male and female has been an integral feature of international law and has been maintained partly through an overwhelming focus on sexual violence against women by states as well as non-state actors. This focus relies on a statist approach to sovereignty, where advocacy is directed at the state for redress and protection, primarily in the form of carceral measures, which in turn translate into a tightening of the sexual security regime. By continuing to appeal to the state as a central custodian of women's rights, feminist and human rights advocacy has failed to address the ways in which power is dispersed and does not operate in a top-down manner. It also operates in terms of domination, subjugation and subject constitution. I examine how a security discourse operates to regulate, discipline and manage gender in the context of three areas of international law: anti-trafficking interventions in international human rights law; wartime rape in international criminal law; and the 'taming of gender' in the context of the Security Council resolutions 1325 and 1820 on gender, peace and security.

Journal ArticleDOI
TL;DR: In this paper, the authors present the Hungarian "unconstitutional constitution" and argue that it represents a direct threat to the values of modern liberal democracy as protected by the EU political constitution.
Abstract: The European Union is facing a unique historical situation: a political club of democratic regimes established primarily to prevent war and promote peace in post-World War II Europe is confronted with the first EU member state ever sliding into an authoritarian illiberal political regime. Namely, on April 25, 2011, the new Fundamental law was promulgated as the new Hungarian constitution. Before that, in the 2010 elections, Victor Orban's party Fidesz, won an overwhelming majority of seats in the Hungarian parliament. Shortly afterwards, with its two-thirds majority, it also adopted a new constitution. The major problem of the Hungarian new constitution is that it constitutionalized a deeply problematic illiberal political order, directly dismantling basic checks and balances and, according to Muller, consequently leading to a Putin-style "guided democracy". Hence, the Hungarian new constitution undermines some of the basic principles of the EU political constitution. The article proceeds in three parts. In Section Two, it presents the new Hungarian "unconstitutional constitution". This section offers a brief overview of the recent developments in the Hungarian constitutional law and argues that the new constitution indeed represents a direct threat to the values of modern liberal democracy as protected by the EU constitution. Section Three looks at the legal mechanism in EU law available to deal with the Hungarian case. Section Four looks at the political context of the Hungarian case, examines political repercussions of the political intervention against Hungary and concludes with a discussion of future prospects for development of the European political constitution.

01 Jan 2013
TL;DR: Ahmed et al. as mentioned in this paper provided the first transnational genealogy of the individuals, ideas, and institutions that culminated in the adoption of Afghanistan's first constitution in 1923, including the genesis of its drafting commission, its multinational contributors from Constantinople to Qandahar and the challenges they overcame in producing the pioneering charter.
Abstract: Author(s): Ahmed, Faiz | Advisor(s): Doumani, Beshara | Abstract: This dissertation provides the first transnational genealogy of the individuals, ideas, and institutions that culminated in the adoption of Afghanistan's first constitution in 1923. Based on archival research in Afghanistan, Turkey, India, and Britain, the study uncovers the longue duree history behind the text, including the genesis of its drafting commission, its multinational contributors from Constantinople to Qandahar, and the challenges they overcame in producing the pioneering charter. Drawing on records and manuscripts in Ottoman Turkish, Persian, Arabic, and Urdu, the study first traces the burgeoning tripartite ties between Ottomans, Afghans, and Indians from the aftermath of the 1857 Sepoy Rebellion to World War I. While historians of Pan-Islamism have tended to focus on radical ideologues and militant jihads, the emphasis on confrontation with the west has overlooked more subtle internal processes, such as the surge in students and scholars--as well as texts and ideas--traversing between the Ottoman and British empires at this time. Challenging conventional tropes of warring tribes and barren frontiers, I locate Afghanistan as a crucial juncture for such transnational social networks, and a center of debates about law, citizenship, and what it meant to be a modern Muslim. The dissertation culminates with the convergence of three simultaneous developments of profound historical impact in the greater Middle East: the collapse of the Ottoman empire, Afghanistan's independence from Britain in 1919, and the Indian Khilāfat Movement of 1919-1924. Amidst this dramatic backdrop of revolutionary politics and Pan-Islamic activism, I draw attention to an untold juridical history: the ensuing competition between Ottoman lawyers, Afghan administrators, and Indian jurists who converged in Kabul to market their expertise to the world's only fully-sovereign "Islamic state." It was the synthesis of these legal actors and the diverse juridical histories they represented, I conclude, that ultimately produced Afghanistan's first constitution between 1919 and 1923. In unearthing the social and cultural origins of Afghanistan's first constitution, the dissertation contributes a long overdue corrective to the scarce scholarly literature on Afghan legal history. The study also problematizes literature on the modern Middle East that silences the non-Ottoman "periphery" as passive objects caught between the colonial rivalry of Britain and Russia. Such works, I show, ignore the contributions of other independent rulers in the region such as the Bārakzai dynasty in Kabul, including the Afghan monarchs Amir ʿAbd al-Raḥmān (1880-1901), Amir Ḥabīb-Allāh (1901-1919), and Amir Amān-Allāh (1919-1929) in particular. By examining the Afghan court's patronage of scholarly networks from Damascus to Delhi, I argue that this unique constitutional project cannot be reduced to European mimicry and obeisance, nor an identity politics of Pan-Islam triggered at the behest of the Ottomans. In this manner, the dissertation enriches Afghanistan studies beyond the confines of the Great Game, Cold War, or recent literature on "failed states." Instead, the study persuades us to rediscover Afghanistan with a different past--when Kabul represented a center of debates, cosmopolitanism, and contested visions of reform in the region. The dissertation's focus on emergent transnational Islamic legal cultures--or juridical Pan-Islamism--between the late Ottoman empire, British India, and Afghanistan illustrates how modern notions of law, administration, and statecraft transcended politically-bounded territories. More specifically, the study sharpens our understanding of how urban centers within the vast socio-cultural zone stretching from the Balkans to Bengal came to be increasingly linked through specific networks, institutions, and processes of expertise associated with Islamic legal modernism. In tracing the social and institutional genealogy of the first Afghan constitution (1923), the dissertation examines how modern Muslim legal practices developing in Istanbul, Kabul, and greater Delhi in the long nineteenth century could simultaneously overlap, intersect, and co-evolve into distinct Ottoman, Afghan, and Indian juridical fields. Finally, as a socio-legal history it shows how a diverse cast of actors--Turks and Arabs, Indians and Persians, but most of all, Afghans--shaped the fields of constitutional law and politics in the greater Islamic world.

Journal ArticleDOI
TL;DR: In 2008, Ecuador became the first country in history to guarantee rights to nature, in its new constitution as mentioned in this paper, and the authors present a detailed description of how these rights came about, why they appeared when and where they did, and what they mean to those concerned with this innovation.
Abstract: In 2008, Ecuador became the first country in history to guarantee rights to nature, in its new constitution. This article tells the story of this extraordinary moment in constitutional history, presenting a detailed description of how these rights came about, why they appeared when and where they did, and what they mean to those concerned with this innovation.