Conventions, Constituent Assemblies, and Round Tables: Models, principles and elements of democratic constitution-making

2012 ◽  
Vol 1 (1) ◽  
pp. 173-200 ◽  
Author(s):  
ANDREW ARATO
Keyword(s):  
Round Table ◽  
Point Of View ◽  
Constitutional Reform ◽  
The European Union ◽  
Revolutionary Change ◽  
Veil Of Ignorance ◽  
Constituent Assembly ◽  
Multi Stage ◽  
Democratic Constitution ◽  
Constitution Making

AbstractThe article presents the Round Table form, elsewhere post-sovereign multi-stage constitution making as an independent democratic type superior to the alternatives. It locates the form along with Convention and Constituent Assembly both in a comprehensive typology based on models of regime transformation, as well as historically. After making a set of normative arguments comparing the three forms, focusing on the issue legitimation, I make a case for the synthetic nature of the Round Table in relation to the two important democratic predecessors. Finally, I reluctantly admit the path-determined nature of the Round Table that strictly speaking seems relevant only 1) in the transitions from dictatorships, if 2) new forces do not have the power to accomplish revolutionary change. Nevertheless, I argue that the principles of the Round Table (inclusion, consensus, publicity, legality and veil of ignorance) are relevant to other paths, from the point of view of their legitimation. I further claim with reference to Iraq, Turkey and the European Union that elements of the Round Table can be adopted even under conditions of revolutionary change, as well as constitutional reform.

Constitution-making and institutional design. The transformations of presidentialism in Argentina

1999 ◽  
Vol 40 (2) ◽  
pp. 193-232 ◽  
Author(s):  
Gabriel L. Negretto
Keyword(s):  
Institutional Design ◽  
Political Competition ◽  
Analytical Framework ◽  
Point Of View ◽  
Collective Decision Making ◽  
Constitutional Design ◽  
Constituent Assembly ◽  
Political Resources ◽  
Micro Level ◽  
Constitution Making

This paper presents an analytical framework for the study of constitutional design from the point of view of the structure of interaction and mechanisms of institutional selection that affect the behavior and choices of the actors involved in a constitution-making process. This framework is used to explain the various limitations introduced to the powers of the President in the Argentine constitution of 1994. I argue that two levels of causation determined this reform. At the macro level, the limitation of presidential powers was the outcome of a distribution of political resources and a configuration of preferences among the actors that made possible the resolution of conflicts by means of compromise. At the micro level, the new set of institutions derived from the limited influence of the incumbent executive over constitutional design, the pluralism of the constituent assembly that approved the constitution, and the prevalence of bargaining as a mechanism of collective decision-making. Both levels of action facilitated a consensual constitution-making process from which emerged a powersharing structure that has the potential to lower the stakes of political competition for presidential office and create new rules of mutual trust between government and opposition.

From Mistrust to Understanding: Inclusive Constitution-Making Design and Agreement in Tunisia

2020 ◽  
pp. 106591292096710
Author(s):  
Tereza Jermanová
Keyword(s):  
Interpersonal Relationships ◽  
Process Tracing ◽  
Causal Mechanism ◽  
Constituent Assembly ◽  
Identity Based ◽  
Inclusive Processes ◽  
Democratic Constitution ◽  
The Way ◽  
Constitution Making

In 2014, Tunisia’s National Constituent Assembly (NCA) almost unanimously approved the country’s first democratic constitution despite significant identity-based divisions. Drawing on the Tunisian case, the article explores the role of an inclusive constitution-making process in fostering constitutional agreement during democratization. Emerging studies that link different process modalities to democracy have so far brought only limited illumination to how inclusive processes matter, nor were these propositions systematically tested. Using process tracing, and building on original interviews gathered in Tunisia between 2014 and 2020, this article traces a causal mechanism whereby an inclusive constitution-making process allowed for a transformation of interpersonal relationships between political rivals. It demonstrates that more than two years of regular interactions allowed NCA deputies to shatter some of the prejudices that initially separated especially Islamist and non-Islamist partisans and develop cross-partisan ties, thus facilitating constitutional negotiations. However, I argue that the way these transformations contributed to constitutional settlement is more subtle than existing theories envisaged, and suggest alternative explanations. The article contributes to the debate about constitution-making processes by unpacking the understudied concept of partisan inclusion and applying it empirically to trace its effects on constitutional agreement, bringing precision and nuance to current assumptions about its benefits.

Birlikte Yaşama Kültürü Çerçevesinde Avrupa Birliği ve Türkiye Politikaları: Suriyelilere Yönelik Tutumun Sultanbeyli Örneği Üzerinden Değerlendirilmesi

2017 ◽  
Vol 4 (1) ◽  
pp. 41-61
Author(s):  
Pelin Sönmez ◽  
Abulfaz Süleymanov
Keyword(s):  
Civil Wars ◽  
Large Scale ◽  
Social Acceptance ◽  
Point Of View ◽  
The Other ◽  
Syrian Refugees ◽  
The European Union ◽  
International Protection ◽  
Legal Structure ◽  
Turkish People

Türkiye, Cumhuriyet tarihinin en yoğun zorunlu göç dalgasını 2011 yılından bu yana süren Suriye Savaşı ile yaşamaktadır. Suriye vatandaşlarının geçici koruma statüsü altında Türkiye toplumuna her açıdan entegrasyonları günümüzün ve geleceğin politika öncelikleri arasında düşünülmelidir. Öte yandan ülkeye kabul edilen sığınmacıların kendi kültürel kimliğini kaybetmeden içinde yaşadığı ev sahibi topluma uyumu, ortak yaşam kültürünün gelişmesi açısından önem arz etmektedir. Bu makalede, "misafir" olarak kabul edilen Suriyeli vatandaşların Türk toplumunca kabul edilmeleri ve dışlanma risklerinin azaltılmasına yönelik devlet politikaları ortaya konularak, üye ve aday ülkelere göçmenlerin dışlanmasını önlemek için Avrupa Birliği (AB) tarafından sunulan hukuki yapı ve kamu hizmeti inisiyatifleri incelenmekte, birlikte yaşam kültürü çerçevesinde Suriyeli vatandaşlara yönelik  toplumsal kabul düzeyleri ele alınmaktadır. Çalışma iki ana bölümden oluşmaktadır: göçmen ve sığınmacılara karşı toplumsal dışlanmayı engellemek için benimsenen yasa ve uygulamaların etkisi ve İstanbul-Sultanbeyli bölgesinde Suriyeli sığınmacılarla ilgili toplumsal algı çalışmasının sonuçları. Bölgede ikamet eden Suriyelilere yönelik toplumsal kabul düzeyinin yüksek olduğu görülürken, halkın Suriyelileri kendilerine  kültürel ve dini olarak yakın hissetmesi toplumsal kabul düzeyini olumlu etkilemektedir. ABSTRACT IN ENGLISHAn evaluation of the European Union and Turkish policies regarding the culture of living togetherThis article aims to determine the level of social acceptance towards Syrians within the context of cohabitation culture by evaluating EU’s legal structure and public service initiatives in order to prevent Syrian refugees from being excluded in member and candidate countries and by revealing government policies on acceptance of Syrians as “guest” by Turkish society and minimizing the exclusion risks of them. This article consists of two main parts, one of which is based on the effects of law and practices preventing refugees and asylum seekers from social exclusion, and the other is on the results of social perception on Syrians in Sultanbeyli district of Istanbul. At the end of 5-years taking in Syrian War, it is obvious that most of more than 3 million Syrian with unregistered ones in Turkey are “here to stay”. From this point of view, the primary scope of policies should be specified in order to remove side effects of refugee phenomenon seen as weighty matter by bottoming out the exclusion towards those people. To avoid possible large-scale conflicts or civil wars in the future, the struggle with exclusion phenomenon plays a crucial role regarding Turkey’s sociological situation and developing policies. In the meaning of forming a model for Turkey, a subtitle in this article is about public services for European-wide legal acquis and practices carried out since 1970s in order to prevent any exclusion from the society. On the other hand, other subtitles are about legal infrastructure and practices like Common European Asylum and Immigration Policies presented in 2005, and Law on Foreigners and International Protection introduced in 2013. In the last part of the article, the results of a field survey carried out in a district of Istanbul were used to analyze the exclusion towards refugees in Turkey. A face-to-face survey was randomly conducted with 200 settled refugees in Sultanbeyli district of Istanbul, and their perceptions towards Syrian people under temporary protection were evaluated. According to the results, the level of acceptance for Syrians living in this district seems relatively high. The fact that Turkish people living in the same district feel close to Syrian refugees culturally and religiously affect their perception in a positive way: however, it is strikingly seen and understood that local residents cop an attitude on the refugees’ becoming Turkish citizens.

Austrian Veto against European Union Membership Negotiations with Turkey

2020 ◽  
Vol 8 (1) ◽  
pp. 103-122
Author(s):  
Ewa Kaczan-Winiarska
Keyword(s):  
European Union ◽  
European Commission ◽  
Security Policy ◽  
Negotiation Process ◽  
Point Of View ◽  
The European Union ◽  
Strategic Partner ◽  
Key Factor ◽  
European Standards ◽  
The Eu

The Austrian government is extremely sceptical about the accession negotiations which are conducted by the European Commission on behalf of the European Union with Turkey and calls for the negotiation process to end. Serious reservations of Vienna have been raised by the current political situation in Turkey under the rule of President Recep Tayyip Erdogan, as well as by the standards of democracy in Turkey, which differ greatly from European standards. Serious deficiencies in rule of law, freedom of speech and independence of the judiciary, confirmed in the latest European Commission report on Turkey, do not justify, from Vienna’s point of view, the continuation of talks with Ankara on EU membership. In fact, Austria’s scepticism about the European perspective for Turkey has a longer tradition. This was marked previously in 2005 when the accession negotiations began. Until now, Austria’s position has not had enough clout within the European arena. Pragmatic cooperation with Turkey as a strategic partner of the EU, both in the context of the migration crisis and security policy, proved to be a key factor. The question is whether Austria, which took over the EU presidency from 1.7.2018, will be able to more strongly accentuate its reservations about Turkey and even build an alliance of Member States strong enough to block Turkey’s accession process.

scholarly journals European Regional Inequalities: The Other Face of Development

2017 ◽  
Vol 9 (4) ◽  
pp. 163
Author(s):  
Celeste Perrucchini ◽  
Hiroshi Ito
Keyword(s):  
European Union ◽  
Empirical Evidence ◽  
Capita Income ◽  
Relevant Literature ◽  
Point Of View ◽  
The European Union ◽  
Per Capita Income ◽  
Member States ◽  
Eu Member States ◽  
Per Capita

Empirical evidence suggests an overall convergence in terms of GDP and per capita income occurring among the European Union (EU) Member States. Nevertheless, economic inequalities have been increasing at the regional level within European Union countries. Through the review of relevant literature, this study analyzes the increasing inequalities from an economical point of view, focusing on Italy and the UK as examples. First, a general overlook of the empirical evidence of the GDP and per capita income at national and sub-national levels will be presented. Second, an explanation of the possible causes of the results will be proposed through the use of economical and sociological theories. The findings of this research might uncover the relative inefficacy of EU Cohesion policies and point towards the necessity for deeper and more thoughtful measures to continue the convergence of Member States while preserving internal equilibria. This paper ends with discussions for the future directions of the EU.

Habermas on Rawls and the normative foundations of democracy

2021 ◽  
pp. 136843102098541
Author(s):  
Krzysztof Kędziora
Keyword(s):  
Political Philosophy ◽  
John Rawls ◽  
Political Liberalism ◽  
Point Of View ◽  
Veil Of Ignorance ◽  
Normative Foundation ◽  
Internal Relations ◽  
The Veil ◽  
Politics And Law ◽  
Normative Foundations

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy.

Inclusive vis-à-vis Exclusionary Constitution: An Analysis of the Current Constitutions of Nepal and Bhutan from Ethnic Lens

2021 ◽  
pp. 097639962097863
Author(s):  
Krishna Prasad Pandey
Keyword(s):  
South Asia ◽  
Ethnic Minorities ◽  
Point Of View ◽  
Parliamentary Democracy ◽  
Narrow Sense ◽  
Large Section ◽  
Royal Decree ◽  
Constituent Assembly ◽  
Democratic Rights ◽  
Political Economic

Nepal and Bhutan, two Shangri-las of South Asia, share similar geo-political features but substantially differ in terms of demographic size and ethno-political history. The Constitution of Nepal 2015 which was promulgated by the second Constituent Assembly formed in 2013 came up with its inclusive character as it secured reasonable space for the ethnic minorities and owned their political, economic and cultural concerns. On the contrary, Bhutan adopted a different course in terms of accommodating ethnic and minority aspirations, although the country has also chosen parliamentary democracy in a narrow sense since 2008. From constitutional point of view, Nepal’s move from a liberal to an inclusive constitution made strenuous effort to bring all sections of Nepali society on board but Bhutan’s shift from a royal decree to an exclusionary constitution consciously left a large section of minority behind by suppressing their legitimate claims for basic democratic rights. This article explores the inclusive and exclusionary characters of the current constitutions of these countries from ethnic perspective.

scholarly journals Membrane Distillation for the Production of Pharmaceutical-Grade Water—Investigation into the Application of AGMD and VMD

2021 ◽  
Vol 18 (11) ◽  
pp. 6058
Author(s):  
Cornelius Nellessen ◽  
Thomas Klein ◽  
Hans-Jürgen Rapp ◽  
Frank Rögener
Keyword(s):  
Energy Demand ◽  
Tap Water ◽  
Membrane Distillation ◽  
Pharmaceutical Products ◽  
Optimum Process ◽  
The European Union ◽  
Pharmaceutical Ingredients ◽  
Multi Stage ◽  
One Step ◽  
Selection Of

The production of pharmaceutical ingredients, intermediates and final products strongly depends on the utilization of water. Water is also required for the purification and preparation of reagents. Each specific application determines the respective water quality. In the European Union, the European Pharmacopeia (Ph. Eur.) contains the official standards that assure quality control of pharmaceutical products during their life cycle. According to this, the production of water for pharmaceutical use is mainly based on multi-stage distillation and membrane processes, especially, reverse osmosis. Membrane distillation (MD) could be an alternative process to these classical methods. It offers advantages in terms of energy demand and a compact apparatus design. In the following study, the preparation of pharmaceutical-grade water from tap water in a one-step process using MD is presented. Special emphasis is placed on the performance of two different module designs and on the selection of optimum process parameters.

scholarly journals Kinetic Parameters of Nut Shells Pyrolysis

Energies ◽  
2021 ◽  
Vol 14 (3) ◽  
pp. 682
Author(s):  
Tomasz Noszczyk ◽  
Arkadiusz Dyjakon ◽  
Jacek A. Koziel
Keyword(s):  
Kinetic Parameters ◽  
Waste Treatment ◽  
Model Fitting ◽  
Thermal Conversion ◽  
Point Of View ◽  
The European Union ◽  
Heating Rates ◽  
Isothermal Model ◽  
Biomass Residues ◽  
Conversion Point

The European Union created a European Green Deal Program (EGDP). This program aims at a sustainable economy through the transformation of the challenges related to climate and the environment. The main goal of EGDP is climate neutrality by 2050. The increase of alternative biomass residues utilization from various food processing industries and cooperation in the energy and waste management sector is required to meet these expectations. Nut shells are one of the lesser-known, yet promising, materials that can be used as an alternative fuel or a pre-treated product to further applications. However, from a thermal conversion point of view, it is important to know the energy properties and kinetic parameters of the considered biowaste. In this study, the energy and kinetic parameters of walnut, hazelnut, peanut, and pistachio shells were investigated. The results showed that raw nut shells are characterized by useful properties such as higher heating value (HHV) at 17.8–19.7 MJ∙kg−1 and moisture content of 4.32–9.56%. After the thermal treatment of nut shells (torrefaction, pyrolysis), the HHV significantly increased up to ca. 30 MJ∙kg−1. The thermogravimetric analysis (TGA) applying three different heating rates (β; 5, 10, and 20 °C∙min−1) was performed. The kinetic parameters were determined using the isothermal model-fitting method developed by Coats–Redfern. The activation energy (Ea) estimated for β = 5 °C∙min−1, was, e.g., 60.3 kJ∙mol−1∙K−1 for walnut, 59.3 kJ∙mol−1∙K−1 for hazelnut, 53.4 kJ∙mol−1∙K−1 for peanut, and 103.8 kJ∙mol−1∙K−1 for pistachio, respectively. Moreover, the increase in the Ea of nut shells was observed with increasing the β. In addition, significant differences in the kinetic parameters of the biomass residues from the same waste group were observed. Thus, characterization of specific nut shell residues is recommended for improved modeling of thermal processes and designing of bioreactors for thermal waste treatment.

La citoyenneté et la construction de l'Europe : discussions théoriques

Res Publica ◽  
1994 ◽  
Vol 36 (3-4) ◽  
pp. 361-380
Author(s):  
Paul Magnette
Keyword(s):  
Second World War ◽  
Point Of View ◽  
Nation State ◽  
The European Union ◽  
World War ◽  
Dual Nature ◽  
European Citizenship ◽  
History Of ◽  
The One ◽  
Second World

This paper examines the evolving ideological content of the concept of citizenship and particularly the challenges it faces as a consequence of the building of the European Union. From an epistemological point of view it is first argued that citizenship may be described as a dual concept: it is both a legal institution composed of the rights of the citizen as they are fixed at a certain moment of its history, and a normative ideal which embodies their political aspirations. As a result of this dual nature, citizenship is an essentially dynamicnotion, which is permanently evolving between a state of balance and change.  The history of this concept in contemporary political thought shows that, from the end of the second World War it had raised a synthesis of democratic, liberal and socialist values on the one hand, and that it was historically and logically bound to the Nation-State on the other hand. This double synthesis now seems to be contested, as the themes of the "crisis of the Nation State" and"crisis of the Welfare state" do indicate. The last part of this paper grapples with recent theoretical proposals of new forms of european citizenship, and argues that the concept of citizenship could be renovated and take its challenges into consideration by insisting on the duties and the procedures it contains.

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