The Concept of the ‘Living Constitution’ in Russian Constitutional Theory and Practice

2021 ◽  
Vol 46 (3-4) ◽  
pp. 416-445
Author(s):  
Caroline von Gall

Abstract In discussing the concept of the ‘living constitution’ in Russian constitutional theory and practice, this paper shows that the Russian concept of the living constitution differs from U.S. or European approaches to evolutive interpretation. The Russian concept has its roots in Soviet and pre-revolutionary Russian constitutional thinking. It reduces the normative power of the Constitution but allows an interpretation according to changing social conditions and gives the legislator a broad margin of appreciation. Whereas the 1993 Russian constitutional reform had been regarded as a paradigm shift with the intention to break with the past by declaring that the Constitution shall have supreme judicial force and direct effect, the paper also gives answers to the complexity of constitutional change and legal transplants and the role of constitutional theory and practice for the functioning of the current authoritarian regime in Russia.

Author(s):  
Ramnik Kaur

E-governance is a paradigm shift over the traditional approaches in Public Administration which means rendering of government services and information to the public by using electronic means. In the past decades, service quality and responsiveness of the government towards the citizens were least important but with the approach of E-Government the government activities are now well dealt. This paper withdraws experiences from various studies from different countries and projects facing similar challenges which need to be consigned for the successful implementation of e-governance projects. Developing countries like India face poverty and illiteracy as a major obstacle in any form of development which makes it difficult for its government to provide e-services to its people conveniently and fast. It also suggests few suggestions to cope up with the challenges faced while implementing e-projects in India.


Author(s):  
Alessandra Vitale

- The purpose is to contribute to related sociological research since it seems to be very limited (from the early 1960s), to clarify the role of interpreters as social actors and to represent the corresponding labour market, trying to overcome the idea of interpretation as mechanicalexercise. The theoretical part is concentrated on the history and on parameters reflecting the present rules governing this activity. Some preceding sociological research have been included to illustrate the main themes explored in the past. The practical part aims to explain the structure of the labour market and social conditions of interpreters in Italy. The author finds a feminization of the profession and confirms the growing relevance of English and community interpreting. Professional skills strengthen together with the demand for the simultaneous mode, causing difficult market penetration. The economic crisis and competition boost unfair practices (above all in the North). Nevertheless the profession is highly followed.


2019 ◽  
Vol 17 (3) ◽  
pp. 860-883
Author(s):  
Kent Roach

Abstract Remedies have in the past and should in the future occupy a central place in constitutional theory. It is a sign of its maturity that dialogic theories of judicial review have produced new remedies such as suspended declarations of invalidity and declarations of incompatibility. Dialogic remedies, like dialogic theories in general, are vulnerable to critiques from judicial constitutionalists that they weaken the role of courts. This article responds by outlining a two-track approach to remedies inspired in part by Alexander Bickel. In the first track, successful litigants should generally receive some tangible remedy from a court, but in the second track, courts should generally defer to the superior ability of legislatures and the executive to select among a range of systemic remedies to produce better compliance with rights in the future. Such an approach follows the aspirations of dialogic theories in drawing on the distinctive and complementary strengths of judicial and political constitutionalism. The two-track approach is applied to remedial decisions involving both laws and executive actions. Examples include a Canadian decision that employed a suspended declaration of invalidity but also allowed judicial exemptions from an assisted suicide offense and South African cases that prevent evictions and provide remedies for individual students while ordering engagement to achieve systemic housing and educational remedies.


2020 ◽  
Vol 9 (11) ◽  
pp. 3408
Author(s):  
Heike Duda ◽  
Janina Hesse ◽  
Birgit Haschberger ◽  
Anneliese Hilger ◽  
Christine Keipert

Hemophilia is a rare heredity bleeding disorder that requires treatment for life. While few therapeutic options were available in the past, multiple recent breakthroughs have fundamentally altered and diversified hemophilia therapy, with even more new therapeutic options forthcoming. These changes are mirrored by significant regulatory and legal changes, which have redefined the role of hemophilia registries in the European Union (EU). This dual paradigm shift poses new regulatory, scientific but also structural requirements for hemophilia registries. The aim of this manuscript is to enumerate these significant challenges and to demonstrate their incorporation into the redesign of the German Hemophilia Registry (Deutsches Hämophilieregister, dhr). To identify the spectrum of hemophilia therapies and the degree of regulatory changes, a horizon screening was performed. Consequently, a core dataset for the dhr was defined by harmonization with regulatory guidelines as well as other hemophilia registries and by heeding the needs of different stakeholders (patients, clinicians, regulators, and scientists). Based on this information, a new registry structure was established, which is optimized for capturing data on new and established hemophilia therapies in a changing therapeutic and regulatory landscape


Author(s):  
Joan M. Lappe

Vitamin D deficiency is pandemic, spanning many continents and including all ages, genders and racial/ethnic groups. Currently, world-wide attention is focused on the importance of vitamin D in optimizing health and preventing disease. This focus is largely the result of the scientific discovery that vitamin D receptors are present in nearly every tissue and cell in the body and that adequate vitamin D status is essential for optimal functioning of these tissues and cells. An impressive body of research has accumulated over the past two decades providing new information about the role of vitamin D in prevention of a broad range of diseases. The purpose of this paper is to provide a review of this new information.


1977 ◽  
Vol 17 (4) ◽  
pp. 265-268
Author(s):  
K. S. Walshe-Brennan

Juvenile crime has increased considerably in the past decade. The Police Federation and the Justices' Clerks' Society blame the Children and Young Persons Act 1969 and want the law changed for several reasons. The British Association of Social Workers, however, disagrees. In view of possible changes in the near future, the development of the 1969 Act is traced from World War II with comments on the social conditions then existing. The results of the legislature are discussed with particular reference to Certificates of Unruliness, accommodation difficulties and the role of psychiatry at the present time.


2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Gibb Dyer

This article will describe the trends in the field of family business over the past forty years in terms of theory and practice. Topics such as succession, consulting with family businesses, the effectiveness of family firms, the role of socio-emotional wealth in family firms, heterogeneity in family businesses, and the impact of family capital on the business and the family will be discussed.


Author(s):  
Rachel Correia ◽  
Shonal D’mello ◽  
Primeya Dmonti ◽  
Jerina Figer

Much of the progress made in image processing in the past decades can be attributed to better modeling of image content, and a wise deployment of these models in relevant applications. In this paper, we review the role of this recent model in image processing, its rationale, and models related to it. As it turns out, the field of image processing is one of the main beneficiaries from the recent progress made in the theory and practice of sparse and redundant representations. Sparse coding is a key principle that underlies wavelet representation of images. Sparse representation based classification has led to interesting image recognition results, while the dictionary used for sparse coding plays a key role in it. In general, the choice of a proper dictionary can be done using one of two ways: i) building asparsifying  dictionary based on a mathematical model of the data, or ii) learning a dictionary to perform best on a training set.


Author(s):  
David Craig

Both politicians and historians have circled nervously around the precise relationship between political ideas and political actions in the past 200 years. This chapter evaluates the different ways in which historians have considered the role of ideas within politics and, in particular, challenges the unhelpful dichotomy of framing politics as either an ‘ideological’ or a ‘pragmatic’ activity. It is concerned, therefore, with the interactions between ideas and action, or theory and practice, and the ways in which political ‘ideas’ may be historicized, reflecting too on the implications of this for framing political action as ‘high’ or ‘low’ (or ‘popular’). Attention is paid to the importance of language in shaping political thought and action.


2019 ◽  
Vol 14 (2) ◽  
pp. 245-278
Author(s):  
Jeroen VAN BEKHOVEN

AbstractWhen an authoritarian state starts democratic transition reforms, the constitution can facilitate such reforms. However, a little-studied role of the constitution during democratic transition is that it can back indigenous peoples’ demands. Constitutional reform during democratic transition enables indigenous peoples to challenge the state's ‘internal colonialism’. The democratic institutions and democratic rights established and guaranteed by the constitution open possibilities for indigenous peoples to push for constitutional reforms that promote ‘internal decolonization’. This means that indigenous peoples are empowered and that their interests are protected. For indigenous peoples, a ‘double transition’ can thus take place: from authoritarianism to democracy, and from internal colonialism to internal decolonization. A case study of the constitutional reforms in Taiwan confirms that the constitution can guarantee indigenous peoples’ participation in constitutional reform. But in Taiwan, this involvement has not led to meaningful incorporation of indigenous peoples in the constitution, and it has not fully promoted double transition. The case study highlights serious problems for indigenous peoples to realize strong constitutional reforms. This article provides a foundation for additional research on constitutional change and indigenous peoples. This is critical to advance constitutional theory and to ascertain whether and how constitutions can give indigenous peoples a voice.


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