scholarly journals Technological tattletales and constitutional black holes: communications intermediaries and constitutional constraints

2016 ◽  
Vol 17 (2) ◽  
Author(s):  
Lisa M. Austin
Keyword(s):  
Black Holes ◽  
Law Enforcement ◽  
Geographical Location ◽  
State Power ◽  
The State ◽  
Political Community ◽  
The World ◽  
Constitutional Constraints ◽  
The Individual ◽  
Data Subject

AbstractIn this Article I argue that the emerging public/private nexus of surveillance involves the augmentation of state power and calls for new models of constitutional constraint. The key phenomenon is the role played by communications intermediaries in collecting the information that the state subsequently accesses. These intermediaries are not just powerful companies engaged in collecting and analyzing the information of users and the information they hold are not just business records. The key feature of these companies is that, through their information practices and architecture, they mediate other relationships. I argue that this mediating function, and its underlying technological form, interacts with legal and social norms in ways that can lead to the erosion of constraints on state power. This Article maps two stories of erosion, rooted in two kinds of community displacement. The first involves the displacement of community participation in law enforcement and the emergence of “technological tattletales” where intermediaries cooperate with the state. Unlike citizen cooperation, this practice augments state power and undermines more traditional informal modes of constraint on state power. The second involves the displacement of national legal and political community. Communications intermediaries are often large multinational companies that operate in multiple jurisdictions and move their data to various datacenters across the world even as the individual data subject remains in one geographical location. Laws that treat nonresident aliens differently from residents and citizens can create “constitutional black holes” where the communications data of an individual is not protected by any constitutional constraints.

Citizenship For Sale?

2017 ◽  
pp. 788-816 ◽  
Author(s):  
Ayelet Shachar
Keyword(s):  
The State ◽  
Political Community ◽  
The Political ◽  
Net Worth ◽  
The Core ◽  
The Past ◽  
Political Implications ◽  
The World ◽  
The Individual ◽  
The Relationship

“There are some things that money can’t buy.” Is citizenship among them? This chapter explores this question by highlighting the core legal and ethical puzzles associated with the surge in cash-for-passport programs. The spread of these new programs is one of the most significant developments in citizenship practice in the past few decades. It tests our deepest intuitions about the meaning and attributes of the relationship between the individual and the political community to which she belongs. This chapter identifies the main strategies employed by a growing number of states putting their visas and passports “for sale,” selectively opening their otherwise bolted gates of admission to the high-net-worth individuals of the world. Moving from the positive to the normative, the discussion then elaborates the main arguments in favor of, as well as against, citizenship-for-sale. The discussion draws attention to the distributive and political implications of these developments, both locally and globally, and identifies the deeper forces at work that contribute to the perpetual testing, blurring, and erosion of the state-market boundary regulating access to membership.

KEY ASPECTS OF TRANSFORMATION OF THE STATE AUTHORITIES IN THE WORLD AND TO THE MODERN SOVERUM UKRAINE: A JOINT AND PERSONALITY

2018 ◽  
Vol 1 (11) ◽  
pp. 164-174
Author(s):  
Оlena Fedorіvna Caracasidi
Keyword(s):  
Separation Of Powers ◽  
Human Life ◽  
State Power ◽  
The State ◽  
Public Power ◽  
The People ◽  
Large Numbers ◽  
The World ◽  
Distribution Of Power ◽  
Key Aspects

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.

‘Party in the street’: The partisan politics of space

2021 ◽  
pp. 239965442110338
Author(s):  
David Jenkins ◽  
Lipin Ram
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
State Power ◽  
Public Spaces ◽  
The State ◽  
Political Community ◽  
Democratic Legitimacy ◽  
Partisan Politics ◽  
The Public ◽  
The Public Sphere

Public space is often understood as an important ‘node’ of the public sphere. Typically, theorists of public space argue that it is through the trust, civility and openness to others which citizens cultivate within a democracy’s public spaces, that they learn how to relate to one another as fellow members of a shared polity. However, such theorizing fails to articulate how these democratic comportments learned within public spaces relate to the public sphere’s purported role in holding state power to account. In this paper, we examine the ways in which what we call ‘partisan interventions’ into public space can correct for this gap. Using the example of the Communist Party of India (Marxist) (CPIM), we argue that the ways in which CPIM partisans actively cultivate sites of historical regional importance – such as in the village of Kayyur – should be understood as an aspect of the party’s more general concern to present itself to citizens as an agent both capable and worthy of wielding state power. Drawing on histories of supreme partisan contribution and sacrifice, the party influences the ideational background – in competition with other parties – against which it stakes its claims to democratic legitimacy. In contrast to those theorizations of public space that celebrate its separateness from the institutions of formal democratic politics and the state more broadly, the CPIM’s partisan interventions demonstrate how parties’ locations at the intersections of the state and civil society can connect the public sphere to its task of holding state power to account, thereby bringing the explicitly political questions of democratic legitimacy into the everyday spaces of a political community.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

Triage in der (Strafrechts-) Wissenschaft

2021 ◽  
Keyword(s):  
Scientific Community ◽  
The State ◽  
The World ◽  
The Individual ◽  
Available Resources

The COVID-19 pandemic forced physicians around the world to make tragic decisions: Whose life should be saved when it is apparent that available resources are insufficient to treat everyone? Under the heading of "triage" a broad societal debate ensued that also ignited the scientific community. This anthology unites voices from medicine, law, and philosophy for a conversation. It reveals controversies that are deeply rooted in ideas of law, morality, and the role of the individual in the state. Simultaneously, answers are being formulated to questions that have become sadly prominent in the COVID pandemic but could also valid beyond it.

scholarly journals Estado del arte del rendimiento académico en la educación media

2014 ◽  
Vol 17 (17) ◽  
pp. 197-220
Author(s):  
Oscar Hernán Cerquera Losada
Keyword(s):  
Academic Achievement ◽  
Secondary Education ◽  
State Of The Art ◽  
School Achievement ◽  
The State ◽  
Main Research ◽  
The World ◽  
El Sistema ◽  
The Individual

Este documento muestra el Estado de arte de los determinantes del rendimiento académico en la educación media, teniendo en cuenta las principales investigaciones realizadas, tanto a nivel nacional como internacional, acerca de los factores que influyen en el logro escolar de los estudiantes. Con este trabajo, se busca establecer las principales variables, tanto en Colombia como en algunos lugares del mundo, que afectan el desempeño académico de los estudiantes. Este documento se organiza en dos sesiones, determinantes a nivel mundial y determinantes a nivel colombiano; cada sesión clasifica las investigaciones de acuerdo a los factores del estudiante, de la escuela y las características organizacionales y políticas. A pesar de existir muchas investigaciones sobre el tema, aún no se ha llegado a un consenso general sobre cómo determinar los factores del  rendimiento académico, pues en la realidad son muchas las características del individuo, la escuela o el sistema que se relacionan entre sí de diferente manera y pueden afectar el logro estudiantil.ABSTRACTThis document shows the state of the art of the determinants of academic achievement in secondary education, taking into account the main research conducted, both nationally and internationally, about the factors that influence school achievement of students. With this paper, we seek to establish the main variables which affect the academic achievement of students in Colombia as well as in some parts of the world. This document is organized in two sessions: world and Colombian determinants; each session classifies research according to the factors of the student, the school and organizational and political characteristics. Although there is much research on the topic so far it has not been possible to reach a consensus on how to determine the factors of academic achievement, because in reality many characteristics of the individual, of the school or of the system relate to each other differently and can affect student achievement.RESUMOEste documento mostra o Estado da arte dos determinantes do rendimento escolar no ensino medio, tendo em conta às principais pesquisas realizadas, tanto a nível nacional como internacionalmente, sobres os fatores que influenciam o desempenho escolar dos estudantes. Com este trabalho, se procura estabelecer as principais variáveis, tanto na Colômbia e em alguns lugares do mundo, afetando o desempenho acadêmico dos estudantes. Este documento está organizado em duas sessões, determinantes a nível mundial e determinantes a nível colombiano; cada sessão clasifica as pesquisas de acordó a os fatores do estudante, da escola e das características organizacionais e políticas. Embora haja muitas pesquisas sobre o tema, ainda não se chegou a um consenso geral sobre os fatores determinantes no desempenho acadêmico, porque na realidade são muitas as características do indivíduo, a escola ou o sistema que se relacionam uns com os outros de forma diferente e podem afetar o desempenho acadêmico.

scholarly journals Justifying Limitations on the Freedom of Expression

2020 ◽  
Author(s):  
Gehan Gunatilleke
Keyword(s):  
Public Health ◽  
National Security ◽  
Freedom Of Expression ◽  
The State ◽  
Public Order ◽  
Alternative Approach ◽  
The World ◽  
The Common ◽  
Proportionality Test ◽  
The Individual

Abstract The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices.

Multicultural States and Intercultural Citizens

2003 ◽  
Vol 1 (2) ◽  
pp. 147-169 ◽  
Author(s):  
Will Kymlicka
Keyword(s):  
Multicultural Education ◽  
The State ◽  
Political Community ◽  
State Institutions ◽  
Individual Citizen ◽  
Multicultural Citizenship ◽  
The Individual ◽  
Multicultural States

Citizenship refers to membership in a political community, and hence designates a relationship between the individual and the state. One way to explore the idea of `multicultural citizenship', therefore, is to identify its images of the state and of the individual. First, we can ask about multiculturalism at the level of the state: what would it mean for the constitution, institutions and laws of the state to be multicultural? Second, we can ask about interculturalism at the level of the individual citizen: what sorts of knowledge, beliefs, virtues and dispositions would an intercultural citizen possess? Ideally, these two levels should work together: there should be a fit between our model of the multicultural state and the intercultural citizen. This article identifies three conflicts between promoting desirable forms of multiculturalism within state institutions and promoting desired forms of interculturalism within individual citizens, and discusses the challenges they raise for theories of multicultural education.

scholarly journals WHO AM I? WHO ARE YOU? WHO ARE WE? LAW, RELIGION, AND APPROACHES TO AN ETHIC OF MIGRATION

2015 ◽  
Vol 30 (2) ◽  
pp. 320-334
Author(s):  
Silas W. Allard
Keyword(s):  
Human Rights ◽  
Political Identity ◽  
The State ◽  
Political Community ◽  
Universal Declaration ◽  
Nation State ◽  
Political Space ◽  
The Family ◽  
The World ◽  
The Subject

In her essay “The Decline of the Nation-State and the End of the Rights of Man,” Hannah Arendt famously wrote, “Nobody had been aware that mankind, for so long a time considered under the image of a family of nations, had reached the state where whoever was thrown out of one of these tightly organized closed communities found himself thrown out of the family of nations altogether.” Surveying the aftermath of the world wars, the same aftermath that eventually led to the Universal Declaration of Human Rights, Arendt found that a person had to be emplaced—the subject of a political space—in the state-oriented order of geopolitics to be cognizable as a subject of human rights. The stateless, being displaced, were excluded from such a regime of rights and from the global political community. Bare humanity, Arendt argued, was an insufficiently binding political identity. As she wrote in her arresting language, “The world found nothing sacred in the abstract nakedness of being human.”

scholarly journals The innovative models of functioning of anti-corruption bodies in the world

2019 ◽  
Vol 7 (11) ◽  
pp. 79-84
Author(s):  
Аюб Канан
Keyword(s):  
Law Enforcement ◽  
State Power ◽  
European Countries ◽  
Universal Model ◽  
Law Enforcement Agencies ◽  
Prevention Services ◽  
The Third ◽  
The World ◽  
Set Up ◽  
Corruption Prevention

Models of formation and development of anti-corruption institutions are analyzed in thearticle. The modern anti-corruption bodies of state power that exist in Germany, Hungary, Finland,Albania, Romania, Lithuania and Latvia are considered.It has been found that in most European countries specialized anti-corruption bodies have beenestablished as an important element of the anti-corruption strategy. The author analyzes the experienceof developing anti-corruption institutions in Lithuania, Romania, Finland, Norway, Germany, Albaniaand others. and found that in Europe there is no one universal model of the anti-corruption body. Theanalysis showed that there are similar law enforcement agencies, corruption prevention services, anticorruptionstrategy management, and multi-purpose organizations. In some countries, several anticorruptionagencies have been set up, and several such institutions can deal with both corruption andother issues. Romania's experience with the implementation of the National Anti-Corruption Directorate,which includes not only exposing corruption but also investigating corruption offenses, is effective.Based on the analysis of the system of anti-corruption institutions in European countries,it should be noted that there are three models of formation and development of anti-corruptioninstitutions, in particular:1) there are no specially created anti-corruption institutions, and the functions of preventingand combating corruption are delegated to law enforcement and / or judicial bodies;2) which established a single anti-corruption institution;3) in which the system of anti-corruption bodies of state power operates.Ukraine belongs to the third model, because in our country a system of state authorities isestablished and operates, which implement state policy in the sphere of combating corruption.

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