Of Constituent Nations

Author(s):  
Joel Colón-Ríos

This chapter examines the ways in which the debates about the nature and implications of the theory of constituent power that arose during the French Revolution reappeared in later constituent episodes. It pays particular attention to the electoral rules regulating citizen activity and to the types of constitutional forms that resulted from them. In Part I, the chapter explores the distinction between the constituent power of the people and the constituent power of the nation. From each of these notions, emanate different types of legal and institutional demands on the juridical order. After distinguishing between these two approaches, the chapter examines, in Part II, the ways in which they were (or not) put into practice in the constitution-making process that resulted in the creation of the Spanish Constitution of 1812. Part III focuses on the creation of the Venezuelan Constitution of 1811 and Part IV examines the process that led to the adoption of the Colombian Constitution of 1886. During these three processes, constituent power became an extraordinary constitution-making jurisdiction directed at the identification of the common good, and as a power that could be exercised through mechanisms that excluded important parts of the population.

Author(s):  
John Toye

After the upheavals of the French Revolution, Enlightenment thinkers were blamed for loosening the bonds of society. In nineteenth-century France, Saint-Simon advocated a social compromise whereby scientists and artists planned the path of progress while the propertied classes retained political power albeit acting as trustees for the interests of the poor. Comte called for a scientific sociology to inform the design of political institutions. In Britain, Bentham rejected the doctrine of natural rights in favour of the principle of utility, while J. S. Mill flirted with Comte’s positivism briefly. Marx made little impact and socialism came in the guise of Fabianism and middle-class trusteeship for the poor. In Germany, Hegel interpreted the French Revolution as a phase in a moral struggle for freedom and called for freedom to be reconciled with the idea of the common good embodied in the state. List envisaged the common good as protectionist trade policy.


Author(s):  
Bir Armaan Singh Gill ◽  
Mayank Sehdev ◽  
Hardeep Singh

Technology has been developing at a very tremendous pace to improve the safety and comfort of the people and when it comes to luxury and comfort, automobiles section is one of the common topic of interest, the most trending among this section is the “Four Wheel Drive (4WD) system” which has become more advanced and sophisticated with time. It has become an essential and appealing part of automobiles in today's era. This system has made the vehicles more secure, both off-road and on-road, enhanced traction of the wheels and power delivery of the engine. With the manipulation in the fundamental structure of a 4WD, various other 4WD options have become available, suiting different types of lifestyle and environment. This paper attempts to explain the different types of 4WD system, their basic structure, basic vehicle dynamics affecting the traction control system and provide a conclusion on various philosophies that the 4WD system adhere.


Author(s):  
Kwabena Opuni-Frimpong

Faith in public life can be associated with Christianity in Ghana from the days of the early Western missionaries. Christian faith perspectives on matters of public concerns however, assumed a wider scope with the practice of regular issuance of communiques to governments and the people of Ghana by the churches. Christian ministry is expected to be holistic. A holistic approach in Christian ministry is considered to lead to the holistic development of the nation for the common good and the glory of God. Church leaders subsequently, bring their faith perspectives to matters of public concerns as a ministerial mandate to be in pilgrimage with the people. The study is a reflection on how the churches’ communiques are done and the factors that make the communiques theological in the public space. It further seeks to identify the contribution of the construction of communiques to public theology in Christianity in Ghana. The study as qualitative, examines both available primary and secondary sources. Copies of communiques of some selected churches, ecumenical bodies and joint communiques by ecumenical bodies are examined to appreciate insights of communiques by the churches. The study seeks to make a contribution to the theological construction of public theologies in Ghana and African Christianity. KEYWORDS: Public Theology, African Christianity, Communique, Common Good


2020 ◽  
Vol 18 (2) ◽  
Author(s):  
Waldemar Segiet

Along with the description of contemporary societies, including the indication of clear tendencies towards „individualisation” of lifespan, focusing on subjects that observe themselves with reflection, an issue appears regarding the creation of a community, including the educational one. A peculiar outline of the reflexive modernity is recognised on the basis the ways how individuals achieve social integration. Despite the differentiating forms of social and cultural life, the foundation of the accomplishment of self and the society,is still „community”, which constitutes an encouragement to enter the issue of social (dis)integration, an inspiration allowing to bestow a defined sense on democracy, and socialization processes. Therefore, the need to consider the issues of communities arises, including their confirmation in education. To present a path for social integration, with the full awareness that in modern societies the „common good” ideal is being lost, one should be accompanied by indications regarding education itself. One may reduce them to how the community constituted due to and within education, ensured the integration of all entities concerned, and helped accomplish democracy.


Author(s):  
Margarita Diaz-Andreu

The nineteenth century saw the emergence of both nationalism and archaeology as a professional discipline. The aim of this chapter is to show how this apparent coincidence was not accidental. This discussion will take us into uncharted territory. Despite the growing literature on archaeology and nationalism (Atkinson et al. 1996; Díaz-Andreu & Champion 1996a; Kohl & Fawcett 1995; Meskell 1998), the relationship between the two during the late eighteenth and early nineteenth centuries has yet to be explored. The analysis of how the past was appropriated during this era of the revolutions, which marked the dawn of nationalism, is not helped by the specialized literature available on nationalism, as little attention has been paid to these early years. Most authors dealing with nationalism focus their research on the mid to late nineteenth and twentieth centuries, when the ideas that emerged during the era of the revolutions bore fruit and the balance between civic and ethnic nationalism (i.e. between a nationalism based on individual rights and the sovereignty of the people within the nation and another built on the common history and culture of the members of the nation) definitively shifted towards the latter. The reluctance to scrutinize the first years of nationalism by experts in the field may be a result of unease in dealing with a phenomenon which some simply label as patriotism. The term nationalism was not often used at the time. The political scientist Tom Nairn (1975: 6) traced it back to the late 1790s in France (it was employed by Abbé Baruel in 1798). However, its use seems to have been far from common, to the extent that other scholars believed it appeared in 1812. In other European countries, such as England, ‘nationalism’ was first employed in 1836 (Huizinga 1972: 14). Despite this disregard for the term itself until several decades later, specialists in the Weld of nationalism consider the most common date of origin as the end of the eighteenth century with the French Revolution as the key event in its definition.


2015 ◽  
Vol 109 (4) ◽  
pp. 803-816 ◽  
Author(s):  
JEFFREY A. LENOWITZ

A ratification referendum is a procedure in which framers submit a constitution to the people for binding approval before implementation. It is widespread, recommended, and affects the contents and reception of constitutions, yet remains unstudied. Moreover, the reasons or justification for using the procedure remain unexplored. This is troubling because ratification referenda are optional, and thus should only be implemented for good reasons that, today, are no longer given. This article begins correcting this oversight by identifying those that brought about the first ratification referendum and explaining why they did so. I demonstrate that the Berkshire Constitutionalists called for the procedure during the events leading up to the creation of the 1780 Massachusetts Constitution, and that they justified their actions by asserting that the people have an unalienable right to ratify their constitution through a referendum, for this provided needed protection against potentially corrupt elites. This argument remains the most fully developed justification for the procedure to date. My analysis not only reveals ratification referenda to be another product of early American political thought, but also points the way forward for future evaluation of the procedure, and forces reflection upon the importance of having solid grounds for the choices involved in structuring a constitution-making process.


1988 ◽  
Vol 82 (2) ◽  
pp. 567-576 ◽  
Author(s):  
Bernard Grofman ◽  
Scott L. Feld

We identify three basic elements of Rousseau's theory of the general will: (1) there is a common good; (2) citizens are not always accurate in their judgments about what is in the common good; and (3) when citizens strive to identify the common good and vote in accordance with their perceptions of it, the vote of the Assembly of the People can be taken to be the most reliable means for ascertaining the common good. We then show that Condorcet's (1785) model of collective judgment shares these assumptions with Rousseau and that understanding the implications of Condorcet's (1785) “jury theorem” enables us to clarify many of the most obscure aspects of Rousseau's treatment of the general will, including his discussion of the debilitating effects of factions and his confidence in the ability of the Assembly of the People to discern the general will by means of voting.


2015 ◽  
Vol 42 (3) ◽  
pp. 249-271
Author(s):  
Hugh D. Hudson

For Russian subjects not locked away in their villages and thereby subject almost exclusively to landlord control, administration in the eighteenth century increasingly took the form of the police. And as part of the bureaucracy of governance, the police existed within the constructions of the social order—as part of social relations and their manifestations through political control. This article investigates the social and mental structures—the habitus—in which the actions of policing took place to provide a better appreciation of the difficulties of reform and modernization. Eighteenth-century Russia shared in the European discourse on the common good, the police, and social order. But whereas Michel Foucault and Michael Ignatieff see police development in Europe with its concern to surveil and discipline emerging from incipient capitalism and thus a product of new, post-Enlightenment social forces, the Russian example demonstrates the power of the past, of a habitus rooted in Muscovy. Despite Peter’s and especially Catherine’s well-intended efforts, Russia could not succeed in modernization, for police reforms left the enserfed part of the population subject to the whims of landlord violence, a reflection, in part, of Russia having yet to make the transition from the feudal manorial economy based on extra-economic compulsion to the capitalist hired-labor estate economy. The creation of true centralized political organization—the creation of the modern state as defined by Max Weber—would require the state’s domination over patrimonial jurisdiction and landlord control over the police. That necessitated the reforms of Alexander II.


2020 ◽  
Vol 18 (2) ◽  
pp. 27-40
Author(s):  
Waldemar Segiet

Along with the description of contemporary societies, including the indication of clear tendencies towards „individualisation” of lifespan, focusing on subjects that observe themselves with reflection, an issue appears regarding the creation of a community, including the educational one. A peculiar outline of the reflexive modernity is recognised on the basis the ways how individuals achieve social integration.Des pite the differentiating forms of social and cultural life, the foundation of the accomplishment of self and the society, is still „community”, which constitutes an encouragement to enter the issue of social (dis)integration, an inspiration allowing to bestow a defined sense on democracy, and socialization processes. Therefore, the need to consider the issues of communities arises, including their confirmation in education. To present a path for social integration, with the full awareness that in modern societies the „common good” ideal is being lost, one should be accompanied by indications regarding education itself. One may reduce them to how the community constituted due to and within education, ensured the integration of all entities concerned, and helped accomplish democracy.


Author(s):  
S.F. Lehenchuk ◽  
I.R. Polishchuk

The normative-legal regulation of accounting of formation and use of reserve capital is established. Legislative regulation of the minimum size of reserve capital for different types of companies has been clarified. For joint-stock companies, in contrast to other types of companies, the legislation provides for the possibility of reducing the minimum deductions (including up to 0 %) when the reserve capital reaches the minimum size. A statistical analysis of the structure of equity by type of economic activity is made. It is established that out of 15 types of economic activity, only three (agriculture, forestry and fisheries; education; provision of other services) have profitable activity. Profitable types of economic activity are characterized by the dominance of retained earnings or additional capital in the structure of equity, with reserve capital occupying a small share. The common features and differences of additional and reserve capital are established. Common one is the creation of various funds, the source of which is net income. A distinctive feature is the ability to use funds. Additional capital provides for the creation of a fund for the renewal of non-current assets, employee motivation, etc. and the use of funds for these needs. Unlike additional capital, reserve capital is formed to eliminate crisis moments in the enterprise, reaches a certain size and may not be used for years, because it has a clear purpose – to cover losses, pay dividends on preferred shares and guarantees to creditors in liquidation. The method of accounting of reserve capital, which allows distinguishing the minimum level defined by the legislation and the sum exceeding the minimum size is offered.


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