Showing papers on "Constitution published in 2020"

Platforms, markets and contingent calculation : the flexible arrangement of the delivered meal.

Abstract: UK online food delivery company Deliveroo has a platform that automates the coordination of meal delivery, creating a market for the delivered meal. This market indicates the necessity to examine the social arrangements produced through the platform beyond the labour of the delivery worker. Markets comprise heterogeneous actors that require their coordination to be calculated. Deliveroo, though, offers two competing view of markets. First, as interfaces in which supply and demand are represented as autonomous blocs that are articulated through the goods of the delivered meal whose constitution, including the labour of delivery, is black-boxed. Second, as agencement – formatting collective arrangements – in which the goods of the delivered meal are contingently calculated as a flexible arrangement of riders, restaurants and customers in which these actors have differing degrees of choice concerning their participation, and through which new service performances are emerging in the necessity for their contingent interaction.

Rights of Nature, Legal Personality, and Indigenous Philosophies

Abstract: This article investigates the relationship between legal personality for nature and Indigenous philosophies by comparing two cases: the Ecuadorian Constitution of 2008 and the 2014 Te Urewera Act of Aotearoa, New Zealand. Through these case studies the article considers the nature of Indigenous relations with the concept of rights of nature, arguing that this relation is primarily strategic, not genealogical. The article engages with the concept of legal personality and shows that it is not a direct translation of Indigenous conceptions, but rather a potential straitjacket for Indigenous emancipatory politics. The radical character of Indigenous ontologies is not fully reflected in the concept of legal personality. Furthermore, the way in which rights are granted to the natural environment is an important part of the effect that such rights might have on Indigenous communities. Despite some affinities between rights of the environment and Indigenous philosophies, overstating the connection might constrain the radical political and legal implications of Indigenous thought.

Europe's Second Constitution: Crisis, Courts and Community

Abstract: The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.

Constitutionalizing World Politics: The Logic of Democratic Power and the Unintended Consequences of International Treaty Making

Abstract: The elusive ideal of a world constitution is unlikely to be realized any time soon – yet important steps in that direction are happening in world politics. Milewicz argues that international constitutionalization has gathered steam as an unintended by-product of international treaty making in the post-war period. This process is driven by the logic of democratic power, whereby states that are both democratic and powerful – democratic powers – are the strongest promoters of rule-based cooperation. Not realizing the inadvertent and long-term effects of the specialized rules they design, states fall into a constitutionalization trap that is hard to escape as it conforms with their interests and values. Milewicz's analysis will appeal to students and scholars of International Relations and International Law, interested in international cooperation, as well as institutional and constitutional theory and practice.

The Concept of Income—Economic and Legal Aspects

Abstract: The Sixteenth Amendment to the Constitution gives Congress power to tax "incomes, from whatever source derived." Acting under this grant of authority, Congress has, for eight years past, collected taxes upon what it has been pleased to term income. In no one of the three statutes passed during that time has Congress attempted to formulate definitely a positive definition of income. Moreover, eight years have proved insufficient to secure from the courts a fully adjudicated definition. Modern economic analysis recognizes that fundamentally income is a flow of satisfactions, of intangible psychological experiences. If one receives a dollar he receives something which he ordinarily can and does spend—perhaps for a dinner. How universal is the acceptance of this general view may be gauged from the following pronouncements of the writers of some of the most recent and widely used texts dealing with the principles of economics.

Promises to Keep: African Americans and the Constitutional Order, 1776 to the Present

Abstract: African-Americans have had an ambivalent relationship with the Constitution for more than two hundred years. Throughout most of American history, racist interpretations of the Constitution have sanctioned a legal system supportive of slavery, marked blacks as inferiors, rendered them politically powerless, and denied them justice and access to society's resources. Yet both black and white opponents of slavery and racial subordination--from antebellum abolitionists to twentieth-century civil rights leaders--have found principles in the Constitution that support their demands for freedom, citizenship, and equality. In Promises to Keep, Donald G. Nieman tells the story of this paradoxical relationship, tracing it from the birth of the Republic to current battles over school segregation, voting rights, and affirmative action. While Nieman examines the devastating effects of constitutionally sanctioned racism on the lives of African-Americans, he also shows how blacks and their white allies have been active agents of constitutional change since the early nineteenth century, forging an egalitarian constitutionalism and using it to press a reluctant nation to honor its long-deferred promise of equality. Compact, lively, and readable, Promises to Keep illuminates the past and offers a fresh perspective on the current debate over civil rights, showing how it too often ignores the tragic history of law and race in America. This is the first volume of Bicentennial Essays on the Bill of Rights, an important series co-sponsored by the Organization of American Historians and Oxford University Press, under the general editorship of Kermit L. Hall.

Limited Amendment Of 1945 Basic Constitution and The Return Of Main State Guidelines

Abstract: This study focuses on the consequence of discourse for bringing back the Main State Guidelines (GBHN) in the administration structure of Indonesian Republic. The GBHN has been considered a solution for the insustainability of Indonesian development, despite the fact that there have been the constitutions of National Development Planning System (SPPN), Long-Term Development Plan (RPJP), Medium-Term Development Plan (RPJM), and Annual Development Plan. The research method used is the study of normative law. The results obtained from the study are to bring back the GBHN, to require the amendment of Basic Constitution of 1945, to harmonize the statutory regulations such as the material test and juridical review of People’s Consultative Assembly’s decree regulating the GBHN, adjustment to the president’s liability in implementing the GBHN, and evaluation towards the National Development Planning System (SPPN) which so far have been implemented to produce the efficient development planning. This paper concludes that the GBHN presence will lead to the legal consequences of state administration and the rearrangement of the state administration itself.

The Irish Journey: Removing the shackles of abortion restrictions in Ireland.

Abstract: In May 2018, the Irish electorate voted to remove from the Constitution one of the most restrictive abortion bans in the world. This referendum followed 35 years of legal cases, human rights advocacy, feminist activism and governmental and parliamentary processes. The reframing of abortion as an issue of women's health rather than foetal rights was crucial to the success of law reform efforts. The new law, enacted in 2018, provides for access to abortion on a woman's request up to 12 weeks of pregnancy and in situations of risk to the life or of serious harm to the health of the pregnant woman and fatal foetal anomaly thereafter. Abortion is now broadly accessible in Ireland; however, continued advocacy is needed to ensure that the state meets international human rights standards and that access to abortion care and abortion rights is fully secured within the law.

The Adaptability Paradox: Constitutional Resilience and Principles of Good Government in Twenty-First-Century America

Abstract: Faith in the resilience of the US Constitution prompts many observers to discount evidence of a deepening crisis of governance in our day. A long history of success in navigating tough times and adapting to new circumstances instills confidence that the fundamentals of the system are sound and the institutions self-correcting. The aim of this article is to push assessments of this sort beyond the usual nod to great crises surmounted in the past and to identify institutional adaptation as a developmental problem worthy of study in its own right. To that end, we call attention to dynamics of adjustment that have played out over the long haul. Our historical-structural approach points to the “bounded resilience” of previous adaptations and to dynamics of reordering conditioned on the operation of other governance outside the Constitution’s formal written arrangements. We look to the successive overthrow of these other incongruous elements and to the serial incorporation of previously excluded groups to posit increasing stress on constitutional forms and greater reliance on principles for support of new institutional arrangements. Following these developments into the present, we find principles losing traction, now seemingly unable to foster new rules in support of agreeable governing arrangements. Our analysis generates a set of propositions about why the difficulties of our day might be different from those of the past in ways that bear directly on resilience and adaptability going forward.

Territory–network interplay in the co-constitution of the Arctic and ‘to-be’ Arctic states

Abstract: This paper discusses the (re)production of state and supranational regional spaces through speech acts. Emphasis is placed especially on speech acts that ‘construct’ regions and concurrently (re)po...

William Lloyd Garrison’s Shattered Faith in Antislavery Constitutionalism: The Origins and Limits of the “Garrisonian Critique”

Abstract: This article contributes to an emerging line of challenge against the Garrisonian critique of the Constitution. We show how Garrison, early in his career, endorsed and participated in the p...

The Place of Social Citizenship and Property Rights in Brazil’s ‘Right to the City’ Debate

Abstract: There has been considerable attention on Brazil’s experience in applying the right to the city, influencing the urban reform movement and subsequent legislation including the 1988 Constitution and the 2001 Statute of the City. While much is known about Brazil’s urban transformations, this article views this trajectory within debates on social citizenship, expanding the focus to show that property is integral to this debate. Through the lens of social citizenship, property rights and insurgency, this article traces Brazil’s right to the city debate through a focus on three issues: (1) the rights dimension of such debates; (2) the role of the social function of property in urban legislation; and (3) the role of insurgent planning evident in urban social movements. While property rights and land rights are often distanced from debates on social citizenship, the Brazil case provides evidence in which the two are clearly intertwined.

The hierarchical society: the politics of self-determination and the constitution of new states after 1919

Abstract: International Relations scholarship disconnects the history of the so-called expansion of international society from the presence of hierarchies within it. In contrast, this article argues that the...

The Second Founding: An Introduction to the Fourteenth Amendment

Abstract: In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.

Horizontal Surgicality and Mechanistic Constitution

Abstract: While ideal (surgical) interventions are acknowledged by many as valuable tools for the analysis of causation, recent discussions have shown that, since there are no ideal interventions on upper-level phenomena that non-reductively supervene on their underlying mechanisms, interventions cannot—contrary to a popular opinion—ground an informative analysis of constitution. This has led some to abandon the project of analyzing constitution in interventionist terms. By contrast, this paper defines the notion of a horizontally surgical intervention, and argues that, when combined with some innocuous metaphysical principles about the relation between upper and lower levels of mechanisms, that notion delivers a sufficient condition for constitution. This, in turn, strengthens the case for an interventionist analysis of constitution.

Unsettling Food Politics: Agriculture, Dispossession and Sovereignty in Australia

Abstract: This book uses current debates over Michel Foucault's method of genealogy as a practice of critique to reveal the historical constitution of contemporary alternative food discourses.

Can We Make the European Fundamental Freedoms Less Constraining? A Literature Review

Abstract: This article reviews the legal and political science literatures on the extensive interpretation of the European fundamental freedoms and on possible ways out. The common market rules were originally laid down in an international treaty, the Treaty of Rome. In functional terms, this treaty became a de facto constitution, implying that its content, including the fundamental freedoms, were constitutionalised. We review how this constitutionalisation constrains legislators at the Member State and European levels. In order to identify possible ways out, we also review several reform options: institutional reforms of the European judicial system; the de-constitutionalisation of the fundamental freedoms; counterbalancing these freedoms with further strengthened social rights; and contestation of over-constitutionalisation within the given primary law framework. We conclude that reform options are available that could gradually free the legislators from the over-constitutionalisation of the common market rules. Such options should become part of the ‘Conference on the Future of Europe’ process and debates about EU reforms in general, as more flexibility is warranted in a heterogeneous EU.

Transfer learning with deep convolutional neural network for constitution classification with face image

Abstract: Constitution classification is the basis and core content of constitution research in Traditional Chinese medicine. The convolutional neural networks have successfully established many models for image classification, but it requires a lot of training data. In the field of Traditional Chinese medicine, the available clinical data is very limited. To solve this problem, we propose a method for constitution classification through transfer learning. Firstly, the DenseNet-169 model trained in ImageNet is applied. Secondly, we carefully modify the DenseNet-169 structure according to the constitution characteristics, and then the modified model is trained in the clinical data to obtain the constitution identification network called ConstitutionNet. In order to further improve the accuracy of classification, we integrate the ConstitutionNet with Vgg-16, Inception v3 and DenseNet-121 to test according to the integrated learning idea, and judge the input face image to its constitution type. The experimental results show that transfer learning can achieve better results in small clinical dataset, and the final accuracy of constitution recognition is 66.79%.

The Chilean journalist

Abstract: Chilean journalists have developed their profession within a typically Western media system, where freedom of speech is guaranteed by the Constitution, and most of the media are privately owned. Unlike more developed nations, however, the media market in Chile is still somewhat small because of the economy of scale in which the media industry operates, the conservative advertising market, and the small size of the audiences.

The Consequences of Swedish National Law on Sami Self-Constitution-The Shift from a Relational Understanding of Who Is Sami Toward a Rights-Based Understanding

Abstract: According to the United Nations Declaration on the Rights of Indigenous Peoples, indigenous peoples have the right to determine their own identity or membership in accordance with their own collect ...

Ley aplicable al régimen económico matrimonial. Algunas cuestiones de Derecho transitorio

Abstract: The present work deals with the law applicable to the matrimonial property regimes and transitional rules. The judgement rendered by the court of appeal of Barcelona on July 30th 2019 in examined. The husband’s nationality as a connecting factor is also studied and proves to be discriminatory and non compatible with the Spanish Constitution. In this scenario, the theory of Drittwirkung shows that the Spanish conflict rules are obviously subject to the Spanish Constitution. A distinction is made between marriages concluded before December 29, 1978, those celebrated between December 29, 1978 and November 7, 1990, and those carried out subsequently is made. Finally, this work analyses the reasons for an unstoppable rise of the common habitual residence after the marriage as a connecting factor to determine the Law applicable to matrimonial property regimes.

Shape shifting: Civilizational discourse and the analysis of cross-cultural interaction in the constitution of international society:

Abstract: The concept of civilization is intrinsic to the English School’s understanding of international society. At the same time, engagement with discourses of civilization has been an important site of c...