scholarly journals Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch's Political and Authoritarian Character

2018 ◽  
Vol 19 (4) ◽  
pp. 727-768 ◽  
Author(s):  
Emilio Peluso Neder Meyer
Keyword(s):  
Institutional Structure ◽  
Constitutional System ◽  
Transitional Constitutionalism

Contemporary democracies may confront several instances of exceptions that co-exist with constitutional institutions; they are never free from any risks. This Article relies on recent Brazilian judicial experiences in order to present and highlight how courts and judges, from within the institutional structure, can act as elite actors that endanger the constitutional system, giving it the characteristics of unstable constitutionalism. By presenting the recent political and juridical facts that drove Brazil to constitutional crisis, the work brings not only judicial rulings but also the institutional and corporative structure that served as the main methods of avoiding the judicial reforms that could have led to a true transition from dictatorship to democracy. The conclusion is that the Brazilian courts blocked effective transitional constitutionalism in Brazil, making room for the current unstable constitutionalism.

The Role of Behavioral Models in the Ontological Structure of Modern Macroeconomics

2013 ◽  
pp. 98-110
Author(s):  
M. Likhachev
Keyword(s):  
Economic System ◽  
Government Regulation ◽  
Institutional Structure ◽  
Economic Environment ◽  
Behavioral Models ◽  
Macroeconomic Models ◽  
Basic Characteristics ◽  
Practical Implications

Behavioral models are considered in the paper as the link between the description of the institutional structure of the economic system and the formation of macro-aggregates, reflecting the results of its operations. The degree of homogeneity of the private sector’s economic environment and complementary goals of private entities and government regulation are noted as basic characteristics of behavioral models. The author examines the differences in the estimates of these characteristics as one of the most important factors underpinning the architecture of modern macroeconomic models and their practical implications.

THE CONCEPT OF COMPETITIVE VALUE CHAINS IN PRODUCTION SYSTEMS AS AN INSTITUTIONAL STRUCTURE OPERATING ON NETWORK PRINCIPLES

2019 ◽  
Vol 6 (3) ◽  
pp. 61-67
Author(s):  
Niyaz Mustjakimovich Abdikeev ◽  
Anton Alekseevich Losev ◽  
Andrey Ivanovich Gaydamaka
Keyword(s):  
Business Processes ◽  
Production Systems ◽  
Institutional Structure ◽  
Cognitive Models ◽  
Value Chains ◽  
High Tech ◽  
Practical Implementation ◽  
Digital Platform ◽  
Software Product ◽  
The Creation

The Concept of competitive value chains in production systems, as an institutional structure operating on network principles, was the impetus for the development of a system of models of inter-industry digital platform for the management and optimization of cooperation of high-tech network production systems. The article describes the ways of integration into business processes of production systems of simulation and cognitive models. The practical implementation of the system of these models is a separate software product - an interdisciplinary digital platform for participants in the creation of new high-tech products and their components.

Proroguing the Parliament of Australia: The Effect on the Senate and the Conventions that Constrain the Prerogative Power

2012 ◽  
Vol 40 (1) ◽  
pp. 69-88
Author(s):  
Eliot Olivier
Keyword(s):  
Prime Minister ◽  
New South ◽  
New South Wales ◽  
Balance Of Power ◽  
Public Attention ◽  
General Will ◽  
Real Possibility ◽  
Political Landscape ◽  
South Wales ◽  
Constitutional System

Political controversies in New South Wales and Canada recently have focused public attention on the constitutional practice of proroguing parliament. They have also shone a light on two lingering areas of uncertainty that surround its operation under the Commonwealth Constitution. This article seeks to clarify these two muddy areas of the law concerning prorogation. The first is the effect of prorogation on the Senate and its committees. Since Federation, the Senate has purported to authorise its committees to continue to function notwithstanding a prorogation of the Parliament. However, it is argued that this practice is unsupported by the provisions of the Constitution and the Senate has no such power. Second, the article examines the operation of the conventions that constrain the Governor-General's power to prorogue. Prorogation generally is exercised on the advice of the Prime Minister. However, this article contends that where a Prime Minister seeks to prorogue Parliament to avoid a vote of no confidence, the Governor-General will have a discretion to reject the advice. It may also be open to the Governor-General to reject an advice to prorogue where the purpose is to avoid scrutiny of a fundamental constitutional illegality. In Australia, the uncertainties that surround prorogation, coupled with the now precarious political landscape in Canberra, create the very real possibility of a prorogation crisis at the Commonwealth level. This article provides a response to these uncertainties. In doing so it offers a solution to how a prorogation crisis can be resolved, whilst maintaining the fine balance of power in our constitutional system.

EVOLUÇÃO DO REGIME POLÍTICO E SUA RELAÇÃO COM O PROBLEMA DA CONCRETIZAÇÃO DOS DIREITOS FUNDAMENTAIS NO SISTEMA CONSTITUCIONAL DE 1988EVOLUTION OF POLITICAL REGIME AND ITS RELATION TO THE PROBLEM OF REALIZATION OF FUNDAMENTAL RIGHTS IN 1988’S CONSTITUTIONAL SYSTEM

2016 ◽  
Vol 5 (8) ◽  
Author(s):  
Breno Valadares (CIHJur)
Keyword(s):  
Fundamental Rights ◽  
Political Regime ◽  
Constitutional System

Neste ensaio, defende-se que o contraste entre o sistema constitucional de 1988 e os pretéritos, sobretudo o imediatamente anterior (Ditadura Militar), permite constatar a instauração de um regime político democrático. Diz-se que esse regime apresenta-se como condição para que os direitos fundamentais possam evoluir no sentido de sua concretização constitucional. Mas, à implementação de liberdade de expressão, não se seguiu a concretização dos direitos relacionados com a segurança, a liberdade de locomoção e o devido processo legal nem uma revolução educacional. Por outro lado, o sistema constitucional não se manteve estático. Uma elite política que precisa prestar contas a um eleitorado periodicamente é pressionada a dar respostas aos anseios desse eleitorado. Algumas ações governamentais revestem-se desse sentido. Entretanto, uma evolução nesse sentido não poderia limitar-se à simples dinâmica eleitoral, até porque existem aí diversas distor-ções, decorrentes da relativa fraqueza da opinião pública.

CONSTITUTIONALISM AND AMENDMENTS TO THE BASIC LAW OF THE RUSSIAN FEDERATION 2020: POLITICAL ANALYSIS

2020 ◽  
Vol 15 (6) ◽  
pp. 103-118
Author(s):  
O.A. SIDENKO ◽  
◽  
D.V. SOSUNOV ◽  
Keyword(s):  
Russian Language ◽  
Constitutional Amendments ◽  
Expert Opinions ◽  
Political Analysis ◽  
Basic Law ◽  
Expert Assessments ◽  
The Russian Federation ◽  
Existence Of Value ◽  
Transitional Constitutionalism ◽  
The Impact

The purpose of the article is to reveal the contradictions of the Russian transitional constitutionalism of the 2020 model as perceived by experts. It is achieved by presenting a palette of experts' views on the phenomenon of constitutionalism, expert assessments of the impact of the 2020 constitutional reform on constitutional principles, the distance between citizens and authorities, as well as expert opinions on the existence of value consolidation between the state and civil society in modern Russia. It is extremely important that the constitutional amendments, contributing to adaptation to changing realities, remain within the framework of the system of constitutionalism. There is no relevant developed methodology for political and legal assessment in the Russian-language scientific literature. The research group, having resorted to an expert survey, proposed their own version. The results obtained indicate not only the importance of value connotations in the perception of constitutionalism by experts, the weakening of all groups of constitutional principles (negative assessments prevail over positive ones), the manipulative nature of the process, but also a potential increase in the distance between the governors and the governed. Nevertheless, the threshold values that could indicate the interpretation of constitutional novels by experts as leading to going beyond the framework of constitutionalism are not identified. Since the project is pilot and generalizations are based on expert estimates, the conclusions are debatable.

Peaceful Change in Northeast Asia: Maintaining the “Minimal Peace”

2020 ◽  
Author(s):  
Bhubhindar Singh
Keyword(s):  
Cold War ◽  
Northeast Asia ◽  
Institutional Structure ◽  
Economic Interdependence ◽  
Negative Effects ◽  
Post Cold War ◽  
Liberal Internationalism ◽  
The Us ◽  
Regional Order ◽  
The Cold War

Northeast Asia is usually associated with conflict and war. Out of the five regional order transitions from the Sinocentric order to the present post–Cold War period, only one was peaceful, the Cold War to post–Cold War transition. In fact, the peaceful transition led to a state of minimal peace in post–Cold War Northeast Asia. As the chapter discusses, this was due to three realist-liberal factors: America’s hegemonic role, strong economic interdependence, and a stable institutional structure. These factors not only ensured development and prosperity but also mitigated the negative effects of political and strategic tensions between states. However, this minimal peace is in danger of unraveling. Since 2010, the region is arguably in the early stages of another transition fueled by the worsening Sino-US competition. While the organizing ideas of liberal internationalism—economic interdependence and institutional building—will remain resilient, whether or not minimal peace is sustainable will be determined by the outcome of the US-China competition.

scholarly journals Reflections on the Ontology of Money

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Uskali Mäki
Keyword(s):  
Institutional Structure ◽  
Causal Powers ◽  
Social Convention ◽  
Institutional Facts ◽  
Collective Belief

Abstract The suggestions outlined here include the following. Money is a bundle of institutionally sustained causal powers. Money is an institutional universal instantiated in generic currencies and particular money tokens. John Searle’s account of institutional facts is not helpful for understanding the nature of money as an institution (while it may help to illuminate aspects of the nature of currencies and money particulars). The money universal is not a social convention in David Lewis’s sense (while currencies and money particulars are characterized by high degrees of conventionality). The existence of the money universal is dependent on a larger institutional structure and cannot be understood in terms of collective belief or acceptance or agreement separately focusing on money. These claims have important implications for realism about money.

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