scholarly journals Academic Freedom in the Brazilian Constitutional History

2021 ◽  
pp. 791-809
Author(s):  
Diego Nunes
Keyword(s):  
Academic Freedom ◽  
Legal History ◽  
Fundamental Rights ◽  
Constitutional History ◽  
Historical Approach ◽  
Parliamentary Debates ◽  
Specific Rule ◽  
The Subject ◽  
Submission Date

This work aims to analyse the principle of academic freedom in Brazilian constitutionalism, throught the lens of Legal History, to understand when this specific rule became part of the set of fundamental rights in Brazil. To do this I will present the parliamentary debates in the Constitutional Assembly in 1934 when it was first mentioned, and the thoughts of certain legal scholars on the subject in the comments on Brazilian constitutions. As results, I present some contemporary issues where this historical approach can be useful. Enviado el (Submission Date): 18/04/2020 Aceptado el (Acceptance Date): 23/06/2020

Introduction

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
Global Scale ◽  
Fundamental Rights ◽  
Eu Law ◽  
Migration Management ◽  
Charter Of Fundamental Rights ◽  
Scope Of Application ◽  
The Subject ◽  
Integrated Interpretation ◽  
Research Questions ◽  
Interpretation Model

This chapter presents the subject matter under scrutiny and provides a historical account of the development of extraterritorial strategies of migration management in Europe, coinciding with parallel changes in refugee movements and the composition of migratory flows on the global scale. The objective and research questions the study seeks to address are also introduced, together with a description of the methodology underpinning the research. In particular, the ‘cumulative standards’ or ‘integrated interpretation’ model employed to construe EU Charter of Fundamental Rights standards is canvassed. The concept of ‘jurisdiction’ and the alternative ‘Fransson paradigm’ applicable to interpret the scope of application of EU law is also briefly defined. The structure of the book is outlined at the end, providing an overview of the different chapters and their interrelation.

Untranslatable: Gottfried Kinkel, Kulturgeschichte, and British Art Historiography

2021 ◽  
Vol 84 (2) ◽  
pp. 248-268
Author(s):  
Hans Christian Hönes
Keyword(s):  
Art History ◽  
Karl Marx ◽  
Academic Discipline ◽  
Close Friend ◽  
Historical Approach ◽  
British Art ◽  
Successful Attempt ◽  
German Art ◽  
The Subject ◽  
1848 Revolution

Abstract In 1934, Edgar Wind claimed there was no English equivalent for the word “kulturwissenschaftlich” and the method it denoted: it was untranslatable. Although German art history had been widely read in England since Victorian times, certain methods, as well as the discipline itself, were only hesitantly received. This article focuses on a decisive moment in this entangled history—an attempt to establish in Britain both art history as an academic discipline and a cultural-historical approach to the subject. The key figure is the dashing art historian Gottfried Kinkel, a close friend of Jacob Burckhardt (and archenemy of Karl Marx), who fled Germany after the 1848 revolution. In 1853, he gave the firstever university lecture in art history in England, the manuscripts of which were recently discovered. Kinkel’s case is a prime example of both a socio-historical approach to art history in Victorian times and an exile’s only partially successful attempt to transmit his methodology to a new audience.

Colonial Criminal Law and Other Modernities

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Legal History ◽  
Historical Study ◽  
The Subject ◽  
Nineteenth And Twentieth Centuries ◽  
Traditional Approaches ◽  
European Criminal Law

This chapter reflects on various traditional approaches to the historical study of European criminal law in the nineteenth and twentieth centuries. It examines several ways of naming and framing the subject matter, along with ways of ‘covering’ it along a set of by now fairly well-established narrative paths that generally reflect a quietly reassuring Whiggishness. It then lays out an alternative, two-track, conception of ‘modern’ European criminal legal history. It does this by taking an upside-down—or outside-in—view of the subject, by focusing on an understudied, but fascinating, project of European criminal law: the invention, implementation, and evolution of colonial criminal law.

scholarly journals Reasonable time frame in bankruptcy proceedings: Analysis of cases from the judicial practice of the Commercial Court in Niš

2021 ◽  
Vol 60 (90) ◽  
pp. 97-118
Author(s):  
Aleksandar Mojašević ◽  
Aleksandar Jovanović
Keyword(s):  
Case Law ◽  
Time Frame ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Reasonable Time ◽  
Judicial Practice ◽  
Reasonable Time Frame ◽  
The Subject ◽  
The Republic ◽  
The Right

The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.

scholarly journals Negociação coletiva de trabalho como direito fundamental | Collective labor negotiation a fundamental right

KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 409
Author(s):  
Gilberto Stürmer
Keyword(s):  
Collective Bargaining ◽  
Fundamental Rights ◽  
Labor Rights ◽  
Social Rights ◽  
International Labor Organization ◽  
Labor Laws ◽  
Federal Constitution ◽  
International Labor ◽  
The Subject ◽  
Labor Conflicts

Resumo: O presente artigo tem como objetivo analisar a negociação coletiva de trabalho como um direito fundamental. Este artigo parte da analise conceitual do conflitos coletivos de trabalho, seguido pelo estudo da negociação coletiva de trabalho como direito fundamental, com fundamento na Constituição da República Federativa do Brasil de 1988, nas convenções da Organização Internacional do Trabalho ratificadas pelo Brasil sobre a matéria e na legislação nacional sobre o tema, com a recentemente aprovada Lei nº 13.467, de 13 de julho de 2017 que, com a vacatio legis, entrará em vigor 120 dias após a sua publicação. Os novos artigos 611-A e 611-B da Consolidação das Leis do Trabalho propõem força de lei para a negociação coletiva de trabalho, afastando as hipóteses que fazem parte do rol dos direitos fundamentais sociais trabalhistas previstos no artigo 7º da Constituição Federal e que não podem ser objeto de negociação. Palavras-chave: conflitos coletivos de trabalho. Negociação coletiva de trabalho. Direitos sociais. Direitos fundamentais. Reforma trabalhista. Abstract: [This article aims to analyze collective bargaining as a fundamental right. This article is based on the conceptual analysis of collective labor conflicts, followed by the study of collective bargaining as a fundamental right, based on the Constitution of the Federative Republic of Brazil of 1988, the International Labor Organization conventions ratified by Brazil on the subject and In the national legislation on the subject, with the recently approved Law no. 13467 of July 13, 2017 which, with the vacatio legis, will come into force 120 days after its publication. The new Articles 611-A and 611-B of the Consolidation of Labor Laws propose a force of law for the collective bargaining of labor, removing the assumptions that form part of the list of fundamental social labor rights provided for in article 7 of the Federal Constitution and which do not Can be traded. Keywords: Collective labour negotiation. Fundamental rights. Labor reform. Social rights.

scholarly journals A CONCEPÇÃO E A PERSPECTIVA FILOSÓFICA SOBRE O MODELO DE FAMÍLIA EUDEMONISTA FRENTE AO ENTENDIMENTO MAJORITÁRIO DE VÍNCULO BIOLÓGICO COMO ELEMENTO CARACTERIZADOR DA ENTIDADE FAMILIAR

2021 ◽  
Vol 9 (204) ◽  
pp. 1-18
Author(s):  
Gabriela Dantas da Silva
Keyword(s):  
Immanuel Kant ◽  
Legal System ◽  
Fundamental Rights ◽  
Main Topic ◽  
Social Sphere ◽  
Legal Challenges ◽  
The Family ◽  
The Face ◽  
The Subject ◽  
Philosophical Nature

The main topic of this article is to analyze the philosophical contributions on the subject and to criticize the State's actions as an entity that supports this family model. In a second moment, emphasis is given to the philosophical contributions of Immanuel Kant and Aristotle on morals and ethics, extending them to the family and social sphere. The concept of the Eudemonist Family with great Aristotelian influence, as well as some of the main contemporary family entities in brief contextualization, is also presented, to finally address the main problem of this article: the legal challenges of the Eudemonist family in the face of the majority understanding of biological bond as a characterizing element of the family entity. In conclusion, the philosophical nature is of great importance for the understanding of these new conceptions of the family, since the Brazilian legal system did not, in fact, contemplate the experience of society, not giving up texts that were expressly discriminatory and that excluded fundamental rights of individuals.

Debating Land

2019 ◽  
pp. 50-72
Author(s):  
Ronojoy Sen
Keyword(s):  
First Amendment ◽  
Land Reform ◽  
Fundamental Rights ◽  
Land Acquisition ◽  
Indian Constitution ◽  
Parliamentary Debates ◽  
Contemporary Politics ◽  
Land Holdings ◽  
Jawaharlal Nehru ◽  
Over Time

Land is one of those rare issues that has animated Indian Parliament and been intensely debated from the 1950s to contemporary times. One of the key elements of the very first amendment to the Indian Constitution, passed by the provisional parliament in 1951, was related to land reform and the abolition of zamindari or large land holdings. In response to court rulings that declared zamindari abolition laws as unconstitutional, Jawaharlal Nehru and the Congress reacted by inserting Article 31A in the Constitution which stipulated that nothing in the Fundamental Rights could be used to strike down laws for the appropriation of property. The most important component of the First Amendment was, however, Article 31B, which created the Ninth Schedule where legislation could be put and made immune from judicial review. Thirteen land reform Acts were placed in the schedule. This chapter analyses the parliamentary debates on land, beginning with the First Amendment and continuing to the contemporary period where the BJP government attempted to amend the 2013 Land Acquisition, Rehabilitation and Resettlement Act. The chapter examines three broad questions. How has the issue of land, land reform, and land acquisition been framed over time in parliament? How much have contemporary politics influenced the debate? What have been the recurrent themes as well as radical departures in the debates on land?

Presidential Address: The Lierature of the Last Half-century of the Constitutional History of the United States

1957 ◽  
Vol 7 ◽  
pp. 159-182
Author(s):  
H. Hale Bellot
Keyword(s):  
United States ◽  
American Revolution ◽  
Legal History ◽  
Presidential Address ◽  
The United States ◽  
Constitutional History ◽  
Separate Paper ◽  
Political Ideas ◽  
Political Debates ◽  
History Of

In order to render my subject manageable, I have excluded from it the literature dealing with legal history, with the general history of political ideas, and with the constitutional and political debates that preceded and accompanied the American Revolution. Each of these is a large subject in itself and would, require for its most summary treatment a separate paper. I limit myself to what has been written during the last fifty years or so about the constitutional history of the Union and of the states in their relation to the Union since the year 1783.

History and Historical Criticism: Recent Work of Richardson and Sayles

1964 ◽  
Vol 3 (2) ◽  
pp. 1-23
Author(s):  
Robert Livingston Schuyler
Keyword(s):  
Recent Work ◽  
Constitutional History ◽  
Historical Criticism ◽  
Joint Product ◽  
The Subject ◽  
Parliamentary History ◽  
To Come ◽  
Early English ◽  
English Constitutional History ◽  
Beginning Students

The collaboration of Richardson and Sayles in the investigation of early English parliamentary history has long been justly celebrated. A full generation has passed since the publication of the first of those studies of theirs which have done so much to widen and deepen knowledge about medieval parliaments and have made their names, usually coupled, household words with students of medieval English constitutional history. The authors were influenced, no doubt, by some earlier historians, and the statement that they built on foundations laid by Maitland and McIlwain is not incorrect. In the volume, however, which is here under special consideration, The Governance of Mediaeval England from the Conquest to Magna Carta, they do not undertake, qua historians as distinguished from historical critics, to come this side of the reign of King John, when parliaments had not as yet assumed their later form and functions.IWhy, it seems not inappropriate to ask, was this latest joint product of their historical activities written; to what class or classes of readers was it particularly addressed? It was evidently not designed as a manual of the type that students of English constitutional history have long been familiar with; for one thing, its chronological scope is limited to about two centuries, from c. 1000 to 1215; and much of the book would be unintelligible to beginning students of the subject. An apologia, which serves as a Preface, and a preliminary chapter suggest answers to the questions that have just been asked.

Part II Negotiating Constitutionalism, Ch.8 Constitutional Change: a public choice analysis

2016 ◽  
Author(s):  
Rajagopalan Shruti
Keyword(s):  
Interest Groups ◽  
Analytical Framework ◽  
Fundamental Rights ◽  
Relative Price ◽  
Constitutional Change ◽  
Costs And Benefits ◽  
Constitutional History ◽  
Indian Constitution ◽  
Constitutional Amendments ◽  
Rule Changes

This chapter examines the patterns of amendments to the Indian Constitution, especially to the fundamental rights, throughout the country’s constitutional history. Instead of resorting to conventional doctrinal analysis, the discussion focuses on the issue of constitutional design by highlighting the costs and benefits imposed by different constitutional rules. It presents an analytical framework for constitutional amendments in order to elucidate the interaction of constitutional rules, along with the increase in the relative price of seeking formal amendments to the Constitution and how this has incentivised interest groups to seek rule changes through the judiciary. It explains how revisions in substantive and procedural rules changed the costs and benefits of amending the Indian Constitution, forcing interest groups to shift the form and forum while seeking rule change.

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