9. Constitutions, Rights, and Judicial Power

2020 ◽  
pp. 159-177
Author(s):  
Alec Stone Sweet
Keyword(s):  
Simple Theory ◽  
Judicial Power ◽  
Policy Outcomes ◽  
Political Elites ◽  
Constitutional Rights ◽  
Constitutional Review ◽  
The World ◽  
Key Concepts ◽  
Constitutional Justice

This chapter focuses on the evolution of systems of constitutional justice since 1787. It first provides an overview of key concepts and definitions, such as constitution, constitutionalism, and rights, before presenting a simple theory of delegation and judicial power. In particular, it explains why political elites would delegate power to constitutional judges, and how to measure the extent of power, or discretion, delegated. It then considers different kinds of constitutions, rights, models of constitutional review, and the main precepts of ‘the new constitutionalism’. It also traces the evolution of constitutional forms and suggests that as constitutional rights and review has diffused around the world, so has the capacity of constitutional judges to influence, and sometimes determine, policy outcomes.

9. Constitutions, rights, and judicial power

2017 ◽  
Author(s):  
Alec Stone Sweet
Keyword(s):  
Simple Theory ◽  
Judicial Power ◽  
Policy Outcomes ◽  
Political Elites ◽  
Constitutional Rights ◽  
Constitutional Review ◽  
The World ◽  
Key Concepts ◽  
Constitutional Justice

This chapter focuses on the evolution of systems of constitutional justice since 1787. It first provides an overview of key concepts and definitions, such as constitution, constitutionalism, and rights, before presenting a simple theory of delegation and judicial power. In particular, it explains why political elites would delegate power to constitutional judges, and how to measure the extent of power, or discretion, delegated. It then considers different kinds of constitutions, rights, models of constitutional review, and the main precepts of ‘the new constitutionalism’. It also traces the evolution of constitutional forms and suggests that as constitutional rights and review has diffused around the world, so has the capacity of constitutional judges to influence, and sometimes determine, policy outcomes.

Lived Catholicity

2019 ◽  
Vol 3 (1-2) ◽  
pp. 149-163
Author(s):  
Jeffrey S. Kirch
Keyword(s):  
Pope Francis ◽  
The World ◽  
Key Concepts ◽  
Multiple Levels ◽  
The Church

Both Pope Francis and Robert Schreiter recognize that the world has been profoundly affected by conflict, globalization, and the breakdown of relationships on multiple levels. They also assert that the Church must address these situations. The ecclesiologies of both Schreiter and Francis offer effective tools for this work. This article will examine several key, shared concepts within their ecclesiologies. Specifically, their understandings of the missionary nature of the Church and their robust understanding of catholicity prove to be key concepts in the Church's response to a world marred by sin.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Flow

2019 ◽  
Author(s):  
Mitchell Ohriner
Keyword(s):  
Hip Hop ◽  
Rap Music ◽  
Music Analysis ◽  
The United States ◽  
Close Reading ◽  
South Bronx ◽  
The World ◽  
Key Concepts ◽  
Voice Flow ◽  
Computational Music Analysis

Originating in dance parties in the South Bronx in the late 1970s, hip hop and rap music have become a dominant style of popular music in the United States and a force for activism all over the world. So, too, has scholarship on this music grown, yet much of this scholarship, employing methods drawn from sociology and literature, leaves unaddressed the expressive musical choices made by hip-hop artists. This book addresses flow, the rhythm of the rapping voice. Flow presents theoretical and analytical challenges not encountered elsewhere. It is rhythmic as other music is rhythmic. But it is also rhythmic as speech and poetry are rhythmic. Key concepts related to rhythm, such as meter, periodicity, patterning, and accent, are treated independently in scholarship of music, poetry, and speech. This book reconciles those approaches, theorizing flow by integrating the methods of computational music analysis and humanistic close reading. Through the analysis of large collections of verses, it addresses questions in the theories of rhythm, meter, and groove in the unique ecology of rap music. Specifically, the work of Eminem clarifies how flow relates to text, the work of Black Thought clarifies how flow relates to other instrumental streams, and the work of Talib Kweli clarifies how flow relates to rap’s persistent meter. Although the focus throughout is rap music, the methods introduced are appropriate for other genres mix voices and more rigid metric frameworks and further extends the valuable work on hip hop from other perspectives in recent years.

A Cosmopolitan Legal Order

2018 ◽  
Author(s):  
Alec Stone Sweet ◽  
Clare Ryan
Keyword(s):  
Legal Order ◽  
Fundamental Rights ◽  
Constitutional Theory ◽  
Nation State ◽  
Public Officials ◽  
Rights Protection ◽  
Perpetual Peace ◽  
The World ◽  
European System ◽  
Constitutional Justice

The book provides an introduction to Kantian constitutional theory and the European system of rights protection. Part I sets out Kant’s blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The authors then describe and assess the European Court’s progressivie approach to both the absolute and qualified rights. Today, the Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

Vocational Development in Emerging Adulthood

2018 ◽  
Author(s):  
Michael W. Pratt ◽  
M. Kyle Matsuba
Keyword(s):  
Turning Point ◽  
Life Stories ◽  
Life Story ◽  
Emerging Adult ◽  
Vocational Development ◽  
Data Set ◽  
The World ◽  
Key Concepts

Chapter 6 reviews research on the topic of vocational/occupational development in relation to the McAdams and Pals tripartite personality framework of traits, goals, and life stories. Distinctions between types of motivations for the work role (as a job, career, or calling) are particularly highlighted. The authors then turn to research from the Futures Study on work motivations and their links to personality traits, identity, generativity, and the life story, drawing on analyses and quotes from the data set. To illustrate the key concepts from this vocation chapter, the authors end with a case study on Charles Darwin’s pivotal turning point, his round-the-world voyage as naturalist for the HMS Beagle. Darwin was an emerging adult in his 20s at the time, and we highlight the role of this journey as a turning point in his adult vocational development.

scholarly journals Contracting for Catastrophe:Legitimizing Emergency Constitutions by Drawing on Social Contract Theory

Res Publica ◽  
2021 ◽  
Author(s):  
Stefan Voigt
Keyword(s):  
Social Contract ◽  
Contract Theory ◽  
Social Contract Theory ◽  
Constitutional Rights ◽  
State Of Emergency ◽  
Half Century ◽  
States Of Emergency ◽  
The World

AbstractStates of emergency are declared frequently in all parts of the world. Their declaration routinely implies a suspension of basic constitutional rights. In the last half century, it has become the norm for constitutions to contain an explicit ‘emergency constitution’, i.e., the constitutionally safeguarded rules of operation for a state of emergency. In this paper, I ask whether inclusion of an emergency constitution can be legitimized by drawing on social contract theory. I argue that there are important arguments, both against and in favor of constitutionalized emergency provisions, and that social contract theory—as applied by economists—can be of some help when deciding whether to have, or not to have an emergency constitution. This paper introduces a novel argument for justifying emergency constitutions. It argues that they can serve as a commitment mechanism protecting both citizens and politicians from overreacting to rare but significant threats.

The Poetics of Friendship in Early Modern Spain

2020 ◽  
Author(s):  
Donald Gilbert-Santamaria
Keyword(s):  
Early Modern ◽  
Spanish Literature ◽  
Human Experience ◽  
Important Work ◽  
Early Modern Spain ◽  
Shared Experiences ◽  
The World ◽  
Key Concepts ◽  
Alternative Modality ◽  
Sancho Panza

This book posits the Aristotelian-Ciceronian notion of perfect male friendship as an independent poetic force within the development of Spanish literature in the sixteenth and early seventeenth centuries. Through a re-examination of Spanish critic Juan Bautista Avalle-Arce’s notion of the “tale of two friends” tradition, the book shows how the poetics of friendship evolves in relation to other key concepts from the period—most notably exemplarity and imitatio—in a series of carefully selected examples from several important genres including the pastoral novel, the picaresque, and the Spanish comedia. Particular attention is given to the trajectory whereby the highly formalized narrativization of the traditional Aristotelian paradigm for friendship gives way to representations of personal intimacy grounded in a recognition of the idiosyncratic particularity of human experience in the world beyond the text. This alternative modality for representing friendship, which encompasses a variety of relationships beyond the Aristotelian paradigm—between women, erstwhile lovers, and pícaros, to take just three examples—reaches its fullest expression in the depiction of the evolving intimacy that grows up between the two unlikely companions, Don Quixote and Sancho Panza, whose shared experiences provide the main focus for Cervantes’s most important work.

scholarly journals Human as a phenomenon of unity of corporeal and spiritual in various-system languages (based on the material of euphemisms in the English and Buryat languages)

2020 ◽  
pp. 58-66
Author(s):  
Oyuna Tsydendambaeva ◽  
Olga Dorzheeva
Keyword(s):  
Scientific Discourse ◽  
The Body ◽  
Linguistic Expression ◽  
The West ◽  
The World ◽  
Key Concepts ◽  
The Subject ◽  
The Common

This article is dedicated to the examination of euphemisms in the various-system languages – English and Buryat that contain view of the world by a human, and the ways of their conceptualization. Euphemisms remain insufficiently studied. Whereupon, examination of linguistic expression of the key concepts of culture is among the paramount programs of modern linguistics, need for the linguoculturological approach towards analysis of euphemisms in the languages, viewing it in light of the current sociocultural transformations, which are refer to euphemisms and values reflected by them. The subject of this research is the euphemisms in the English and Buryat languages, representing the semiosphere “corporeal and spiritual”. The scientific novelty consists in introduction of the previously unexamined euphemism in Buryat language that comprise semiosphere “corporeal and spiritual” into the scientific discourse. The analysis of language material testifies to the fact that in various cultures the topic of intimacy and sex is euphemized differently. The lexis indicating the intimate parts of the body is vividly presented in the West, while in Buryat language – rather reserved. The author also determines the common, universal, and nationally marked components elucidating the linguistic worldview of different ethnoses and cultures.

The corruption of political elites in Iraq – an economic analysis

2012 ◽  
Vol 5 (1) ◽  
pp. 107-127 ◽  
Author(s):  
Haithem Kareem Sawaan
Keyword(s):  
Food Security ◽  
World Trade Organization ◽  
World Trade ◽  
Political Elites ◽  
Foreseeable Future ◽  
Vicious Cycle ◽  
First Order ◽  
The World ◽  
Coalition Provisional Authority ◽  
Oil Revenues

This article examines the corruption of political elites in Iraq in the wake of the 2003 American occupation – a phenomenon that has had disastrous consequences for the country as well as astronomical fiscal costs. The corruption that has now become endemic has served not only to undermine reform and reconstruction efforts – while simultaneously accomplishing the embezzlement of billions of dollars – but also has left the Iraqi people exposed to a wide array of harms from contaminated wheat imports to an infrastructure in complete disarray to foreign machinations, including those of international food conglomerates. Through the acquiescence of corrupt Iraqi elites, the country has been laid open to external interests and foreign initiatives as well as those of the World Trade Organization (WTO) through means such as the 100 ‘orders’ signed by US ‘Ambassador’ Paul Bremer III under the auspices of the Coalition Provisional Authority (CPA). Graft and kickback schemes of every stripe are rife throughout the country, and monies donated in the form of international assistances have served to line the pockets of the corrupt, never reaching the intended recipients among the average Iraqi population in many instances. The vicious cycle is further perpetuated also through a corrupt judiciary that militates against any sort of meaningful transparency or oversight. Corruption, and that of the powerful elites in particular, has not only squandered genuine development opportunities that might have benefited the country at large and done much good to facilitate reconstruction efforts, but also it has – for the foreseeable future – thrown the issues of Iraqi oil revenues and food security as well as that of national sovereignty into a peril of the first order.

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