Breaking Down the Meaning of Constitutional Breakdown

2020 ◽  
pp. 205-220
Author(s):  
Tom Gerald Daly
Keyword(s):  
Contemporary Literature ◽  
Conceptual Frameworks ◽  
Constitutional Order ◽  
Democratic Breakdown ◽  
Polish Experience ◽  
Law And Justice ◽  
The Relationship

This chapter argues that Wojciech Sadurski’s work on the deterioration of Polish democracy suggests the Polish context may present a bridge between two key conceptual frameworks: democratic breakdown and democratic decay. In his 2019 book Poland’s Constitutional Breakdown Wojciech employs the term ‘constitutional breakdown’ to describe how the ruling Law and Justice (PiS) party has seriously degraded the democratic constitutional order since 2015. The concept of ‘breakdown’, which has a long pedigree, has fallen out of favour in contemporary literature on the deterioration of democracy worldwide, which rather emphasizes the decline of total breakdown and argues that slower, subtler dismantling of democracy is the dominant threat. This chapter explores the relationship between these frameworks by reflecting on why Wojciech frames the Polish experience as ‘breakdown’ rather than ‘erosion’ or ‘decay’, whether ‘breakdown’ literature offers useful insights beyond ‘democratic decay’ literature, and why Wojciech refers to ‘constitutional’ rather than ‘democratic’ breakdown.

Education in Emergencies: A Review of Theory and Research

2016 ◽  
Vol 87 (3) ◽  
pp. 619-658 ◽  
Author(s):  
Dana Burde ◽  
Amy Kapit ◽  
Rachel L. Wahl ◽  
Ozen Guven ◽  
Margot Igland Skarpeteig
Keyword(s):  
Peace Education ◽  
School Setting ◽  
Well Being ◽  
Access To Education ◽  
Conceptual Frameworks ◽  
International Agencies ◽  
Education In Emergencies ◽  
Changing Attitudes ◽  
The Relationship ◽  
Education And Conflict

In this article, we conduct an integrative and rigorous review of theory and research on education in emergencies programs and interventions as international agencies implement them in areas of armed conflict. We ask several questions. How did this subfield emerge and what are the key conceptual frameworks that shape it today? How do education in emergencies programs affect access, learning, and protection in conflict-affected contexts? To answer these questions, we identify the conceptual frameworks and theoretical advances that have occurred since the inception of the field in the mid-1990s. We review the theories that frame the relationship between education and conflict as well as empirical research that tests assumptions that underpin this relationship. Finally, we assess what we know to date about “what works” in education in emergencies based on intervention research. We find that with regard to access, diminished or inequitable access to education drives conflict; conflict reduces boys’ and girls’ access to education differently; and decreased distance to primary school increases enrollment and attendance significantly for boys and even more so for girls. With regard to learning, education content likely contributes to or mitigates conflict, although the mechanisms through which it does so remain underspecified; and peace education programs show promise in changing attitudes and behaviors toward members of those perceived as the “other,” at least in the short term. Finally, providing children living in emergency and postemergency situations with structured, meaningful, and creative activities in a school setting or in informal learning spaces improves their emotional and behavioral well-being.

scholarly journals Mechanics of the small punch test: a review and qualification of additive manufacturing materials

2021 ◽  
Vol 56 (18) ◽  
pp. 10707-10744
Author(s):  
Jonathan Torres ◽  
Ali P. Gordon
Keyword(s):  
Additive Manufacturing ◽  
Material Properties ◽  
Materials Science ◽  
Contemporary Literature ◽  
The Body ◽  
Small Punch Test ◽  
Small Punch ◽  
Punch Test ◽  
Testing Data ◽  
The Relationship

AbstractThe small punch test (SPT) was developed for situations where source material is scarce, costly or otherwise difficult to acquire, and has been used for assessing components with variable, location-dependent material properties. Although lacking standardization, the SPT has been employed to assess material properties and verified using traditional testing. Several methods exist for equating SPT results with traditional stress–strain data. There are, however, areas of weakness, such as fracture and fatigue approaches. This document outlines the history and methodologies of SPT, reviewing the body of contemporary literature and presenting relevant findings and formulations for correlating SPT results with conventional tests. Analysis of literature is extended to evaluating the suitability of the SPT for use with additively manufactured (AM) materials. The suitability of this approach is shown through a parametric study using an approximation of the SPT via FEA, varying material properties as would be seen with varying AM process parameters. Equations describing the relationship between SPT results and conventional testing data are presented. Correlation constants dictating these relationships are determined using an accumulation of data from the literature reviewed here, along with novel experimental data. This includes AM materials to assess the fit of these and provide context for a wider view of the methodology and its interest to materials science and additive manufacturing. A case is made for the continued development of the small punch test, identifying strengths and knowledge gaps, showing need for standardization of this simple yet highly versatile method for expediting studies of material properties and optimization.

Balancing of Values and the Value of Balancing (Part One)

2021 ◽  
pp. 13-24
Author(s):  
Gadis A. Gadzhiev ◽  
◽  
Elena A. Voinikanis ◽  
Keyword(s):  
Human Rights ◽  
Critical Issue ◽  
Specific Mode ◽  
Constitutional Order ◽  
Basic Law ◽  
The Relationship

The article discusses the specific mode of existence of values – balancing or op­timization when it comes to deontological values. The authors using examples of values such as the principles of law and human rights, the rules of balancing are analyzed, which, according to G. Hart's classification, are secondary norms. The critical issue for the legal balancing procedure is the relationship between legal reality and values as such. Are the constitutional and legal values set by the Basic Law (Constitution), or do they objectively exist in society as a general (pre-constitutional) order of values? Should the Basic Law be confined to its own text and remain value-neutral in this sense? Are legal values purely deonto­logical, or can they be related to utilitarian goals and interests? The second part of the article explores the value of balancing as one of the methods for resolving the most complex legal conflicts. The well-known dispute between J. Habermas and R. Alexy about the admissibility of balancing of human rights demonstrates how complex and philosophically rich the legal balancing procedure is. Based on Luhmann’s concept of the cognitive openness of law, at the end of the article, the authors substantiate their own position on the role of values in modern justice.

Render unto Caesar Just a Little Bit Longer: The Relationship between Constitutional Reforms and Executive Survival

2021 ◽  
pp. 1-22
Author(s):  
Tofigh Maboudi ◽  
Ghazal P. Nadi ◽  
Todd A. Eisenstadt
Keyword(s):  
Term Limits ◽  
Institutional Constraints ◽  
Third Wave ◽  
Political Leaders ◽  
Constitutional Order ◽  
The Third ◽  
Constitutional Reforms ◽  
The Impact ◽  
First Time ◽  
The Relationship

Abstract Since the third wave of democracy, term limits have become a popular fixture of most constitutions intended to constrain the executive. Yet, recent constitutional reforms around the world show that presidents seeking re-election sometimes overturn the entire constitutional order to extend their power. What is the impact of these constitutional manipulations on the longevity of the executive in office? Using survival analysis of all political leaders and national constitutions from 1875 to 2015, this article demonstrates, for the first time, that when ‘authoritarian-aspiring’ presidents remove constitutional term limits, they increase their stay in office by more than 40%. Our findings contrast with a widely held position in the comparative authoritarian literature suggesting that dictators survive longer under institutional constraints. On the contrary, we argue that by removing constitutional barriers, rulers consolidate more power at the expense of their most ambitious allies and can stay in power longer.

A Constitution for a Nonstate

2014 ◽  
Vol 43 (2) ◽  
pp. 42-58
Author(s):  
Emilio Dabed
Keyword(s):  
The Other ◽  
The Political ◽  
Constitutional Order ◽  
Economic Context ◽  
Basic Law ◽  
History Of ◽  
The One ◽  
Constitutional Regime ◽  
The Relationship ◽  
Law Making

This article sheds new light on the political history of legal-constitutional developments in Palestine in the fourteen years following the Oslo Accord. It examines the relationship between the unfolding social, political, and economic context in which they arose, on the one hand, and PA law-making and legal praxis, on the other. Focusing on the evolution of the Palestinian Basic Law and constitutional regime, the author argues that the “Palestinian constitutional process” was a major “battlefield” for the actors of the Palestinian-Israeli conflict. Thus, changes in the actors' political strategies at various junctures were mirrored in legal-constitutional forms, specifically in the political structure of the PA. In that sense, the constitutional order can be understood as a sort of “metaphoric representation” of Palestinian politics, reflecting, among other things, the colonial nature of the Palestinian context that the Oslo process only rearticulated. This perspective is also essential for understanding the evolution of the Palestinian-Israeli conflict after Oslo.

scholarly journals Social Movements and Institutions

2017 ◽  
Vol 11 (1) ◽  
pp. 14
Author(s):  
Maria Francisca Pinheiro Coelho
Keyword(s):  
Social Movements ◽  
Public Education ◽  
General Question ◽  
The Political ◽  
Political Movement ◽  
Constitutional Order ◽  
Constituent Assembly ◽  
Free Public Education ◽  
The Relationship ◽  
Movimientos Sociales

 Abstract This study approaches the relationship between social movements and institutions in Brazil concerning three different stages of the process of re-democratization: the political transition; the National Constituent Assembly; and the new Constitutional Order. The general question is: what is the interface, reciprocity or conflict, between social movements and institutions in this context of social change? The paper examines the different roles of social movements and institutions in each specific period: in the pre-democratization moment, the movement for direct elections for president, Diretas-Já, is analyzed; in the National Constituent Assembly, the movement in defense for free public education is examined;  in the new constitutional order, the pro-reform political movement is studied.  The work focuses on the scope of the studies on social movements and democracy.  It belongs to the field of the studies about the representativeness and legitimacy of the demands of social movements in the context of democracy and its challenges. Key words: social movement, institution, reciprocity, conflict, democracy. Social Movements and Institutions                               ResumenEl estudio aborda la relación entre los movimientos sociales e instituciones en Brasil en tres etapas diferentes del proceso de redemocratización en las últimas décadas: la transición política; la Asamblea Nacional Constituyente; y el nuevo orden constitucional. La pregunta general es: ¿cuál es la relación, la reciprocidad o el conflito, entre los movimientos sociales y las instituciones en este contexto de cambio social? El artículo examina los diferentes roles de los movimientos sociales e instituciones en cada período específico: en el momento de la transición política analiza el movimiento de las elecciones directas para presidente, las Diretas-Já; en la Asamblea Nacional Constituyente aborda el movimiento en defensa de la educación pública y gratuita; en el nuevo orden constitucional se estudia el movimiento pro-reforma política. El trabajo se centra en el ámbito de los estudios sobre los movimientos sociales y la democracia. Pertenece al campo de la investigación sobre la representatividad y la legitimidad de las demandas de los movimientos sociales en el contexto de la democracia y sus desafíos.Palabras clave: movimientos sociales, instituciones, reciprocidad, conflicto, democracia. Social Movements and Institutions                               ResumoO estudo aborda a relação entre movimentos sociais e instituições no Brasil em três diferentes fases do processo de democratização nas últimas décadas: a transição política; a Assembleia Nacional Constituinte; e a nova ordem Constitucional. A questão geral é a seguinte: qual a interface, reciprocidade ou conflito entre os movimentos sociais e instituições neste contexto de mudança social? O artigo examina os diferentes papéis dos movimentos sociais e instituições em cada período específico: no momento da transição política analisa o movimento de eleições diretas para presidente, o Diretas-Já; na Assembleia Nacional Constituinte aborda o movimento em defesa da educação pública e gratuita; na nova ordem constitucional focaliza o movimento pela reforma política. O trabalho centra-se no campo dos estudos sobre movimentos sociais e democracia. Pertence ao campo de pesquisa sobre a representatividade e legitimidade das demandas dos movimentos sociais no contexto da democracia e seus desafios.Palavras-chave: movimentos sociais, instituições, reciprocidade, conflito, democracia.

scholarly journals Impact of reverse globalization on the competition in EU digital markets

Industrija ◽  
2021 ◽  
Vol 49 (2) ◽  
pp. 7-24
Author(s):  
Snežana Radukić ◽  
Andrija Popović
Keyword(s):  
Competition Policy ◽  
Business Strategy ◽  
Contemporary Literature ◽  
Secondary Data ◽  
Relevant Information ◽  
Business Owners ◽  
Goods And Services ◽  
Number Of Individuals ◽  
The Relationship ◽  
The Eu

This paper aims to analyze the relationship between reverse globalization, the digital markets, and competition policy within the EU. Based on the review of contemporary literature, this paper provides an insight into the EU adaptation to the changes caused by the COVID-19 pandemic. Reverse globalization is identified through the trends in the international trade and FDI flows, while the digital markets' development is evaluated through the Number of individuals using the Internet to order goods and services and ECommerce sales. While this paper uses secondary data sources, it uniquely connects the identified reverse globalization and digital markets expansion with necessary changes in the competition policy pre and during the COVID19 pandemic. Additionally, this paper provides policymakers and business owners with relevant information and possible avenues to improve the competition policy and business strategy.

Toward a virtue account of science

2014 ◽  
Author(s):  
◽  
Jacob Warren Wright
Keyword(s):  
Contemporary Literature ◽  
Laws Of Nature ◽  
Test Case ◽  
Knowledge Model ◽  
University Of Missouri ◽  
Scientific Goal ◽  
Zero Force Evolutionary Law ◽  
The University ◽  
The Relationship

[ACCESS RESTRICTED TO THE UNIVERSITY OF MISSOURI AT AUTHOR'S REQUEST.] This dissertation argues for a virtue account of science in which foundational scientific goals are achieved by scientists' employment of virtuous tools and practices. Chapter 1 discusses contemporary literature on the nature and success of biology, especially the realism/antirealism debate within biology. This chapter also provides background into the debate surrounding explanation and understanding. Chapter 2 challenges the idea that successful biology requires appeals to laws of nature by arguing that some foundational scientific goals best realized by unlawful tools and practices. This result provides a criterion for determining whether a discipline is more scientific than another another; disciplines are more or less scientific to the extent that they are able to achieve foundational scientific goals. Chapter 3 examines a test case for the result in Chapter 2 by analyzing McShea and Brandon's [2010] Zero Force Evolutionary Law (ZFEL). I show that the ZFEL's failure as a law does not impact its usefulness to scientists, who are able to use the ZFEL to achieve a number of important, foundational goals. Chapter 4 provides a strategy for determining foundational scientific goals by examining the debate surrounding the relationship between understanding and explanation. By analyzing Khalifa's [2013a] Explanatory Knowledge Model of Understanding, I demonstrate that understanding is not a species of explanation and is thus a foundational scientific goal. It is a goal that scientists aim at, has intrinsic benefit, and is not reducible to other scientific goals. Finally, Chapter 5 presents an outline of the virtue account. On this account, science is successful to the extent it regularly achieves foundational scientific goals. Science does so by employing virtuous tools and practices--those tools and practices that regularly allow for the achievement of foundational goals. The chapter concludes by examining several benefits of this view and considering future avenues for research.

Space, Law, and Justice in Leibniz: Leibniz as a Theorist of Spatial Justice

2018 ◽  
Vol 36 (4) ◽  
pp. 891-914
Author(s):  
Ekaterina Yahyaoui Krivenko
Keyword(s):  
Contemporary Literature ◽  
Critical Reading ◽  
Valuable Source ◽  
Spatial Justice ◽  
Space Law ◽  
Law And Justice ◽  
First Time ◽  
Made In

This article argues that Leibniz should be viewed as a predecessor of the idea of spatial justice and that Leibniz's heritage remains a valuable source for inspiration and critical reading of the contemporary literature on spatial justice. The article first demonstrates interdependency between Leibniz's conceptualisation of space and his conceptualisation of law and justice. This is the first time that this argument is made in relation to Leibniz, therefore significant space is devoted to justifying this argument. The article then proceeds to comparing Leibniz's views on space, law and justice to one of the most “spatial” contemporary articulation of the idea of spatial justice, namely that proposed by Andreas Philippopoulos-Mihalopoulos. The article concludes by pointing out some aspects of Leibniz's thought that are most valuable for the further study of law, space and spatial justice in contemporary scholarship.

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