Introduction

2019 ◽  
pp. 1-36
Author(s):  
Richard Albert
Keyword(s):  
First Amendment ◽  
Basic Structure ◽  
Constitutional Change ◽  
Common Phenomenon ◽  
The World ◽  
Amendment Rule ◽  
National Constitution ◽  
Constitutional Changes

What is an amendment? This chapter shows why this question is central to the study of constitutional change. Some constitutional changes are identified as amendments but in reality may be more. Whether a constitutional change is an amendment entails implications for how the change must be made, whether a court can and should evaluate its constitutionality, and what the change requires for legitimation. This chapter returns to the origins of formal amendment—to the Articles of Confederation, America’s first constitution, which codified the very first amendment rule in a national constitution—to uncover the foundations of amendment practice and what makes an amendment different from other constitutional changes. This chapter moreover raises a question about an increasingly common phenomenon that straddles the border of legality and legitimacy: the violation of amendment rules. This chapter explains that the Indian basic structure doctrine and Bruce Ackerman’s theory of constitutional moments are, at bottom, variations on the same theme we see all over the world: changes to amendment rules that occur in defiance of the rules of formal amendment. Many examples follow to illustrate this point. The chapter closes by describing and situating the importance of the chapters to follow in this book. This chapter considers constitutions from around the globe.

Democratic Erosion, Populist Constitutionalism, and the Unconstitutional Constitutional Amendments Doctrine

2020 ◽  
Vol 14 (1) ◽  
pp. 19-48
Author(s):  
Yaniv Roznai ◽  
Tamar Hostovsky Brandes
Keyword(s):  
Judicial Review ◽  
Constitutional Amendment ◽  
Constitutional Theory ◽  
Constitutional Change ◽  
Constitutional Amendments ◽  
Ongoing Process ◽  
Gradual Process ◽  
The World ◽  
Formal Procedures ◽  
Constitutional Changes

AbstractThe world is experiencing a crisis of constitutional democracies. Populist leaders are abusing constitutional mechanisms, such as formal procedures of constitutional change, in order to erode the democratic order. The changes are, very often, gradual, incremental, and subtle. Each constitutional change, on its own, may not necessarily amount to a serious violation of essential democratic values. Yet, when examined in the context of an ongoing process, such constitutional changes may prove to be part of the incremental, gradual process of democratic erosion in which the whole is greater than the sum of its parts. This Article explores how courts can respond to such constitutional changes. We argue the Unconstitutional Constitutional Amendment Doctrine should be adapted to respond to existing constitutional practices that utilize incremental and subtle amendments to dismantle the democratic order. We suggest that an aggregated judicial review should be developed. We must also rethink the automatic immunity – the result of two hundred years of revolutionary constitutional theory – provided to complete constitutional replacement from constitutional restrictions and scrutiny. Finally, as opposed to the instinct to require judicial self-restraint with respect to constitutional changes that concern the judiciary itself, we suggest that this is perhaps the type of changes that require strictest scrutiny.

Constitution-Building in Africa

2014 ◽  
Vol 13 (4) ◽  
pp. 429-451 ◽  
Author(s):  
Charles Manga Fombad
Keyword(s):  
Political Stability ◽  
Careful Examination ◽  
Constitutional Change ◽  
Critical Question ◽  
Constitutional Review ◽  
Constitutional Reforms ◽  
Constitution Building ◽  
Constitutional Legitimacy ◽  
Theoretical Foundations ◽  
Constitutional Changes

Constitution-building is a delicate and intricate process which requires ample reflection and careful choices. African constitution-builders and politicians have since the beginning of the 1990s embarked on a process of constitutional reforms. A careful examination of the developments of the last two decades shows that the process has almost provoked never-ending contagion of making, unmaking and remaking of constitutions. This paper attempts to provide an over-view of the changes that have been taking place. Some of the issues relating to the durability of national constitutions and theoretical foundations for constitutional change are discussed. The paper also considers some of the possible implications of the endless processes of making, unmaking and remaking constitutions. The critical question it tries to grapple with is how this unending process of constitution-building in Africa can be controlled in a manner that will ensure peace, political stability and provide a legitimate foundation for entrenching a firm culture of constitutionalism. In advocating for an entrenched permanent constitutional review commission to check against frequent and arbitrary constitutional changes, the paper argues that this is the best way for constitutional legitimacy to be sustained throughout the life of a constitution.

scholarly journals MENJADI PENDIDIK YANG TERDIDIK

2017 ◽  
Vol 2 (01) ◽  
pp. 81-90
Author(s):  
Sumiati Sumiati
Keyword(s):  
Human Life ◽  
Educational Goals ◽  
Human Society ◽  
Common Phenomenon ◽  
Educational Activities ◽  
Philosophy Of Life ◽  
The World ◽  
Organizational Differences ◽  
Human Education

ABSTRAK Pendidikan merupakan suatu kegiatan yang universal dalam kehidupan manusia. Di manapun di dunia ini terdapat masyarakat manusia, dan di sana pula terjadi pendidikan. Walaupun pendidikan merupakan gejala umum dalam kehidupan masyarakat, namun perbedaan pandangan hidup, perbedaan falsafah hidup yang dianut oleh masing-masing bangsa atau masyarakat menyebabkan adanya perbedaan penyelenggaraan termasuk perbedaan tujuan pendidikan yang ingin dicapai oleh suatu bangsa atau masyarakat. Kegiatan pendidikan tidak dapat dilepaskan dari yang hendak dicapainya. Bagi manusia pendidikan merupakan suatu keharusan, karena manusia lahir dalam keadaan tidak berdaya, ia sangat membutuhkan bantuan dan bimbingan orang lain untuk dapat berdiri sendiri. Di samping itu manusia lahir tidak langsung dewasa yang mengidentifikasikan manusia dengan moral yang berlaku, dan manusia yang bertanggung jawab, manusia yang sanggup mempertanggungjawabkan segala konsekuensi dan perbuatannya. Oleh karena itu, perbuatan mendidik merupakan perbuatan yang mempunyai tujuan, ada suatu yang ingin dicapai dengan perbuatan tersebut. Orang tua menyuruh anaknya melaksanakan shalat lima waktu, melatih anaknya melaksanakan saum pada bulan ramadhan, melarang anaknya kencing di sembarang tempat dan sambil berdiri, menyekolahkan anaknya dan lain-lain, semuanya itu memiliki maksud dan tujuan yang ingin dicapai, khususnya bagi anaknya. Kata Kunci: Pendidik, Terdidik ABSTRACT Education is a universal activity in human life. Everywhere in the world there is human society, and there is also education. Although education is a common phenomenon in the life of the community, the differences in life views, differences in the philosophy of life adopted by individual nations or societies lead to different organizational differences, including differences in educational goals to be achieved by a nation or society. Educational activities cannot be separated from what they want to achieve. For human education is a must, because humans are born in a state of helpless, he urgently needs the help and guidance of others to be able to stand on their own. In addition man is born indirectly mature which identifies man with the prevailing morals, and responsible man, man who is able to account for all consequences and actions. Therefore, the act of educating is a purposeful act, there is something to be achieved with the action. Parents asked their children to perform the five daily prayers, to train their children to carry out fasting in Ramadan month, to forbid their children to urinate in any place and to stand up, send their children to school and others, all of which have a purpose and goal to be achieved, especially for their children. Keywords: Educator, Educated

The Phenomenon of Corruption As a Type of Anti-Competitive Conduct Model

2021 ◽  
pp. 62-72
Author(s):  
D. Yu. Fedotov
Keyword(s):  
Economic Factors ◽  
Human Society ◽  
Common Phenomenon ◽  
Market Participants ◽  
Econometric Methods ◽  
The World ◽  
Competitive Model ◽  
Level Of Economic Development ◽  
Human Desire ◽  
The Relationship

The article examines the origin of corruption as a social and economic phenomenon that is persistent in society. The purpose of the study is to identify the causes of corruption and the economic factors that influence it. It is revealed that corruption existed in all epochs of human society and in all countries of the world, regardless of their level of economic development and political structure. It is concluded that corruption, as a common phenomenon, comes from the usual human desire to obtain privileges in society, but with the use of illegal methods. It is revealed that in addition to cases of corruption, the desire to obtain a privileged position is also observed in cases where economic entities use an anti-competitive model of conduct in relations with other market participants. This led to a conclusion about the mutually overwhelming influence of competition and corruption on each other — the more competition is developed in a country, the lower the level of corruption in it. In this paper, using econometric methods, a correlation analysis of the relationship between competition and corruption in 140 countries of the world is carried out. The results obtained suggest that increasing the level of competition in the economy will reduce the scale of corruption in the country.

Working Capital Management in Select Indian Pharmaceutical Companies

2014 ◽  
pp. 1-11
Author(s):  
Debasish Sur ◽  
Sumit Kumar Maji ◽  
Deep Banerjee
Keyword(s):  
Pharmaceutical Industry ◽  
Competitive Environment ◽  
Common Phenomenon ◽  
Capital Management ◽  
Working Capital ◽  
Working Capital Management ◽  
Efficient Management ◽  
The World ◽  
Tools And Techniques ◽  
Indian Pharmaceutical Industry

The Indian pharmaceutical industry is the fifth largest pharmaceutical industry in the world in terms of volume and the fourteenth largest in value terms. There have been sevaral notable changes in the scenario of Indian pharmaceutical industry after the signing of GATT (now WTO). The mergers, acquisitions, and takeovers at both national and international levels have become a common phenomenon in this industry. In today's challenging and competitive environment, efficient management of working capital is an integral component of the overall strategy to create shareholders' wealth. So, the task of designing appropriate strategies for managing working capital in accomplishing the objective of maximizing shareholders' wealth of companies in the Indian pharmaceutical industry is of prime importance. In this backdrop, the chapter seeks to analyze the working capital management of ten selected companies in the Indian pharmaceutical industry during the period 1996-97 to 2010-11. While satisfying the objective of the study, relevant statistical tools and techniques have been applied at appropriate places.

Relinquishing Eternity

2021 ◽  
pp. 234-263
Author(s):  
Silvia Suteu
Keyword(s):  
Case Studies ◽  
Basic Structure ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Judicial Interpretation ◽  
Constitutional Adjudication ◽  
The Impact ◽  
Constitutional Revision

This chapter investigates the possibility of repealing eternity clauses and renouncing doctrines of implicit unamendability. It looks at two case studies from Turkey and India, where backtracking from an eternity clause and basic structure doctrine were debated and ultimately rejected. It also explores the possibility of placing judicial doctrines of unamendability on formal constitutional footing and discusses the impact of this move on constitutional adjudication. This chapter examines the distinctions upon which unamendability repeal rests, such as between constitutional amendment and constitutional revision, between formal and informal amendments, and between amendment and revolution. It shows how pushing back against unamendability is very difficult through formal constitutional change and unlikely through judicial interpretation.

The Dominant American View of Freedoms of Press and Speech, in the Decade Leading Up to Ratification of the Federal Bill of Rights

2020 ◽  
pp. 303-336
Author(s):  
Wendell Bird
Keyword(s):  
First Amendment ◽  
Freedom Of Speech ◽  
Source Material ◽  
Freedom Of The Press ◽  
Bill Of Rights ◽  
Original Source ◽  
Narrow View ◽  
The Press ◽  
Freedom Of Press ◽  
The World

In the 1780s in America, the advocates of broad understandings of freedom of press and freedom of speech continued to argue, as “Junius Wilkes” did in 1782, that “[i]f a printer is liable to prosecution and restraint, for publishing pieces on public measures, conceived libellous, the liberty of the press is annihilated and ruined. . . . The danger is precisely the same to liberty, in punishing a person after the performance appears to the world, as in preventing its publication in the first instance. The doctrine of libels, is of pernicious consequence to the freedom of the press.” Many other essays in the 1780s showed the dominance of an expansive understanding of freedoms of press and speech, as did the declarations of rights of nine states. That was the context in which the First Amendment was adopted and ratified in 1789–1791. These conclusions about the prevalent and dominant understanding after the mid-1760s are flatly contrary to the narrow view of freedoms of press and speech stated by Blackstone and Mansfield, and restated by the neo-Blackstonians, who claim that the narrow understanding was not only predominant but exclusive through the ratification of the First Amendment and onward until 1798. This book’s conclusions are based on far more original source material than the neo-Blackstonians’ conclusions.

Cyber Harassment and Free Speech

2019 ◽  
pp. 52-73
Author(s):  
James Weinstein
Keyword(s):  
United States ◽  
First Amendment ◽  
Private Information ◽  
United States Supreme Court ◽  
The United States ◽  
The Internet ◽  
Cyber Harassment ◽  
The World ◽  
Law Enforcement Officials ◽  
Rigorous Test

For most people the internet has been a dream come true, allowing instantaneous access to a vast array of information, opinion, and entertainment and facilitating communication with friends and family throughout the world. For others, however, the internet has wrought a nightmare, allowing often anonymous enemies a platform for vicious attacks on the character of their victims and a means for revealing to the world embarrassing private information about them. To combat these attacks, victims and law enforcement officials in the United States have employed both analogue remedies such as harassment and stalking laws as well as cyber-specific provisions. Since the attacks involve speech, however, all these remedies must comport with the First Amendment. The typical response of courts and commentators to the First Amendment issues raised in these cases is to ask whether the perpetrator’s speech falls within one of the limited and narrow traditional exceptions to First Amendment coverage, such as true threats, defamation, obscenity, or fighting words. This approach is understandable in light of unfortunate dicta in several United States Supreme Court decisions—that all content-based restrictions of speech other than speech falling within one of these exceptions are subject to “strict scrutiny,” a rigorous test that few speech restrictions can pass. This chapter argues that this approach to dealing with cyber harassment is misguided. This methodology often results in shoehorning the speech at issue into exceptions into which the speech does not fit, or worse yet, in a finding that the speech is protected by the First Amendment simply because it does not fall within a recognized exception.

Empedocles (c.495–c.435 BC)

2018 ◽  
Author(s):  
Malcolm Schofield
Keyword(s):  
Good Deal ◽  
Comparative Morphology ◽  
Basic Structure ◽  
Sense Perception ◽  
Animal Sacrifice ◽  
Biological Phenomena ◽  
The World ◽  
History Of ◽  
The Universe ◽  
Clear Relation

Empedocles, born in the Sicilian city of Acragas (modern Agrigento), was a major Greek philosopher of the Presocratic period. Numerous fragments survive from his two major works, poems in epic verse known later in antiquity as On Nature and Purifications. On Nature sets out a vision of reality as a theatre of ceaseless change, whose invariable pattern consists in the repetition of the two processes of harmonization into unity followed by dissolution into plurality. The force unifying the four elements from which all else is created – earth, air, fire and water – is called Love, and Strife is the force dissolving them once again into plurality. The cycle is most apparent in the rhythms of plant and animal life, but Empedocles’ main objective is to tell the history of the universe itself as an exemplification of the pattern. The basic structure of the world is the outcome of disruption of a total blending of the elements into main masses which eventually develop into the earth, the sea, the air and the fiery heaven. Life, however, emerged not from separation but by mixture of elements, and Empedocles elaborates an account of the evolution of living forms of increasing complexity and capacity for survival, culminating in the creation of species as they are at present. There followed a detailed treatment of a whole range of biological phenomena, from reproduction to the comparative morphology of the parts of animals and the physiology of sense perception and thinking. The idea of a cycle involving the fracture and restoration of harmony bears a clear relation to the Pythagorean belief in the cycle of reincarnations which the guilty soul must undergo before it can recover heavenly bliss. Empedocles avows his allegiance to this belief, and identifies the primal sin requiring the punishment of reincarnation as an act of bloodshed committed through ‘trust in raving strife’. Purifications accordingly attacked the practice of animal sacrifice, and proclaimed prohibition against killing animals to be a law of nature. Empedocles’ four elements survived as the basis of physics for 2,000 years. Aristotle was fascinated by On Nature; his biology probably owes a good deal to its comparative morphology. Empedocles’ cosmic cycle attracted the interest of the early Stoics. Lucretius found in him the model of a philosophical poet. Philosophical attacks on animal sacrifice made later in antiquity appealed to him as an authority.

scholarly journals Relationships among Constitution, Stress, and Discomfort in the First Trimester

2012 ◽  
Vol 2012 ◽  
pp. 1-8 ◽  
Author(s):  
Hsiao-Ling Wang ◽  
Tzu-Chi Lee ◽  
Shih-Hsien Kuo ◽  
Fan-Hao Chou ◽  
Li-Li Chen ◽  
...  
Keyword(s):  
Pregnant Women ◽  
Healthcare Professionals ◽  
Neutral Type ◽  
First Trimester ◽  
Constitutional Change ◽  
Correlational Research ◽  
Individualized Care ◽  
First Trimester Of Pregnancy ◽  
Southern Taiwan ◽  
Constitutional Changes

The purpose of this study was to explore correlations among constitution, stress, and discomfort symptoms during the first trimester of pregnancy. We adopted a descriptive and correlational research design and collected data from 261 pregnant women during their first trimester in southern Taiwan using structured questionnaires. Results showed that (1) stress was significantly and positively correlated with Yang-Xu, Yin-Xu, and Tan-Shi-Yu-Zhi constitutions, respectively; (2) Yin-Xu and Tan-Shi-Yu-Zhi constitutions had significant correlations with all symptoms of discomfort, while Yang-Xu had significant correlations with all symptoms of discomfort except for “running nose”; (3) Tan-Shi-Yu-Zhi constitution and stress were two indicators for “fatigue”; Tan-Shi-Yu-Zhi was the indicator for “nausea”; Yang-Xu and Yin-Xu were indicators for “frequent urination.” Our findings also indicate that stress level affects constitutional changes and that stress and constitutional change affect the incidence of discomfort. This research can help healthcare professionals observe these discomforts and provide individualized care for pregnant women, to nurture pregnant women into neutral-type constitution, minimize their levels of discomfort, and promote the health of the fetus and the mother.

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