scholarly journals A tradição constitucionalista e sua importância para a consolidação de um regime democrático

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Fábio Marques Gonçalves ◽  
Danilo Pereira Lima

RESUMOO presente artigo tem o objetivo de descrever brevemente a história do constitucionalismo moderno, passando pelos contextos históricos em que se insere essa tradição e fazendo uma análise de seu legado, construído em cada etapa de desenvolvimento do Estado moderno – Liberal, Social e Democrático. Busca-se também uma análise da realidade brasileira, fazendo-se um recorte a partir de 1988, quando surge a Constituição Democrática. Esse momento é importante para a reflexão sobre o contraste entre abertura democrática e inconstitucionalidades que se apresentam na realidade do país, devidas, em grande medida, à não superação de todos os resquícios do autoritarismo de seu passado histórico. Também se apresenta o exemplo da atuação dos meios de comunicação brasileiros, que ilustra, de forma clara, a situação de ausência de respeito à Constituição da República. Essas análises serão desenvolvidas sob o marco da Crítica Hermenêutica do Direito, de Lenio Streck. A partir desse aporte teórico, o artigo aponta para a necessidade de se fortalecer anteparos jurídicos contra qualquer manifestação personalista do poder, de modo a impedir que o direito seja solapado pela vontade dos agentes políticos. Adota-se, como técnica de pesquisa, a revisão bibliográfica e busca-se o desenvolvimento metodológico do trabalho a partir da construção de um quadro referencial teórico coerente e integrado à historicidade.PALAVRAS-CHAVEDireito Constitucional. Constitucionalismo. Estado moderno. Democracia. Crítica Hermenêutica do Direito. ABSTRACTThe present article aims to briefly describe the history of modern constitutionalism, considering the historical contexts in which this tradition is inserted and analyzing its legacy, built at each stage of development of the modern State – Liberal, Social and Democratic. An analysis of Brazilian reality is also sought, making a cut from 1988, when the Democratic Constitution arises. This moment is important for the reflection on the contrast between democratic opening and unconstitutionalities that present themselves in the reality of the country, due to, largely, not overcoming all the remnants of authoritarianism of its history. The example of the Brazilian media is also presented, which clearly illustrates the lack of respect for the Constitution of the Republic. These analyzes will be developed under the framework of the Critical Hermeneutics of Law, by Lenio Streck. Based on this theoretical contribution, the article points to the need to strengthen legal frameworks against any manifestation of personal power, to prevent Law from being undermined by the will of political agents. The bibliographical review is adopted as research technique, and the methodological development of the work is sought from the construction of a coherent theoretical framework, integrated with historicity.KEYWORDSConstitutional law. Constitutionalism. Modern State. Democracy. Crítica Hermenêutica do Direito.

Infolib ◽  
2020 ◽  
Vol 24 (4) ◽  
pp. 2-8
Author(s):  
Umida Teshabaeva ◽  

The article is devoted to the history of the Tashkent Public Library, at the origins of which were prominent scientists of that time, to the present day of the National Library of Uzbekistan. The library fund has more than 7.5 million items in 75 languages of the world. The National Library is the main methodological center of information and library institutions of the Republic. Creation of favorable conditions for readers is one of the priority tasks of the library, which is improved every year by the introduction of new technologies for obtaining information in an operational way. Thanks to membership in the International Consortium «eIFL», users have access to 38 foreign educational databases, 12 of which are licensed. Also, library readers get access to national and world educational collections in different languages of the world.


Kavkazologiya ◽  
2021 ◽  
pp. 81-95
Author(s):  
A.G. KAZHAROV ◽  
◽  
M.S. TAMAZOV ◽  

The published documents were found in the archives of the Republic of North Ossetia-Alania. These are the materials of the meetings of the Soviet and party authorities of the Mountain Republic, which were devoted to the discussion of the problem of Kabarda's secession from the polyethnic mountain autonomy. The Kabardian problem was discussed several times by the leadership of the Mountain Republic in June 1921 before and after the congress of the peoples of Kabarda that took place this month. The minutes of the meetings have not yet been published in the published thematic collections of documents dedicated to the history of the nation-building of the peoples of the North Caucasus. The documents contribute to the understanding of the position of the statesmen of the Mountain Republic on the formation of new autonomous units and the identification of the concrete historical content of these processes. The protocols make it possible to reconstruct the process of not only the disintegration of the collective mountain statehood, but also make it possible to clarify important points in the history of its creation. Party and Soviet leaders often returned to the problems of the initial stage of the formation of the Mountain Republic. Further study of the problems of the formation of a system of national autonomies in the North Caucasus in recent times will largely depend, including on the introduction of new documents into scientific circulation and their interpretation by a wide range of researchers. In this regard, the published documents and materials are of great scientific interest.


2017 ◽  
Vol 6 (1) ◽  
pp. 31-36
Author(s):  
Ilda Jeha ◽  
Ylli Cabiri

Abstract The history of Albanian Constitutions dates back in April 1914 with the Statute of Albania drafted by a National Committee of that time. The new Albanian Constitution was adopted by the Parliament 18 years ago and confirmed by a Referendum1, becoming the first democratic Constitution following political changes in Albania. After 1991, the stature of Albania changed significantly and the country managed to build new democratic institutions, advanced in establishing a market economy and ensuring human rights, and made important steps towards integration in Euro-Atlantic institutions. In this context, constitutional changes were normal, despite the overall misperception that the Constitution is a document that must not be amended. So, a provisional package of amendments was drafted to avoid obstacles along the way, and a new Constitution was adopted in 1998, later on amended in 2012 and 2016. Analysis of such amendments points out some problems. What should be the procedure for constitutional changes? Parliamentary vote or referendum? In this view, the 2012 constitutional changes - albeit hasty - did not affect the backbone of the document and could be introduced without a referendum, simply with a parliamentary adoption, as was the case. In contrast, the 2016 amendments were adopted unanimously, but they affected the backbone of the Constitution and therefore a referendum should have been called. Should the impact of such amendments be measured? This is another important issue that is not considered actually. But, in our opinion, monitoring any amendments by the Parliament or the President of the Republic is to the benefit of democratic developments and serves any further intentions for constitutional changes. We believe that the Constitution should clearly prescribe the procedure for constitutional changes to save them from becoming a pawn of momentary political interests.


Author(s):  
A. Yu. Kosmacheva ◽  
M. O. Fedorovich

We present the interpretation of 2D seismic data in the Vilyui hemisyneclise located in the Republic of Sakha (Yakutia). The model identifies structural and tectonic features and tectonic development history of the Mesozoic deposits in the Vilyui hemisyneclise. Structure contour maps for the reflecting horizons of the Mesozoic are qualitatively the same. Traced faults attenuate at various stratigraphic levels. The structures of the hemisyneclise are known to be formed during the Cretaceous stage of development.


Author(s):  
Wojciech Kulesza

A criação de Escolas Normais públicas nas províncias teve de se acomodar ao ensino secundário ministrado nos Liceus, essencialmente masculinos e dedicados à preparação para o ingresso no ensino superior, e que tiveram sempre como modelo o Colégio Pedro II no Rio de Janeiro. Os diversos Liceus provinciais constituíram referência fundamental para o desenvolvimento do ensino normal, emprestando seus professores, suas instalações e seus regulamentos para as novas escolas. Nesse confronto entre as normas emanadas do poder central e os ditames locais, foram tentadas diversas formas de institucionalização nas quais os dois educandários acabaram influenciando-se mutuamente, ao mesmo tempo que foram se configurando como escolas distintas. Como resultado desse processo, sem solução de continuidade na transição do Império para a República, emerge durante a primeira década de nosso século, em todo o território nacional, uma Escola Normal essencialmente feminina, dotada de escolas-modelo anexas destinadas à prática pedagógica, e que desencadearam o processo de profissionalização do nosso magistério primário. Palavras-Chave: magistério primário; instituições escolares; história da educação. Abstract The creation of public Normal Schools in the provinces had to be adapted to the secondary education, essentially masculine and dedicated to the preparation for the entrance in the higher education, and that always had as model the Colégio Pedro II in Rio de Janeiro. Several provincial Liceus constituted fundamental reference for the development of the normal teaching, lending its teachers, its facilities and its regulations for the new schools. In this confrontation between the emanated norms of the central power and the local rules, several institutional forms were tried in which the two schools finish influencing mutually, at the same time that were going being configured as different schools. As result of that process, without continuity solution in the transition of the Empire for the Republic, emerges during the first decade of our century in whole national territory, a Normal School essentially feminine, endowed with enclosed model primary schools destined to the pedagogic practice, and that launched the process of professionalization of our teachers. Keywords: primary teaching; school institutions; history of education.


Author(s):  
Nadine Rossol

By redirecting our attention away from the political extremes and to those who passionately supported and defended the republic, this chapter demonstrates that the republicans were an important factor within Germany’s political landscape. As energetic supporters for Weimar’s young state, they showed their commitment publicly at local and national level and actively mobilized support. The chapter examines the different republican groups and alliances, what they expected of the republic and how ambivalences and differences emerged within the republican camp. A focus on Weimar’s republicans as significant political agents does not rewrite the history of Weimar Republic as a success story, but it adds an important dimension to the history of Germany’s first republican democracy.


2020 ◽  
Vol 07 (01) ◽  
pp. 19-42
Author(s):  
Muhammad Jamaluddin

The amendments to the 1945 Constitution allegedly are not in line with the expectations of a democratic constitution. In fact, the role of the people in four amendments to the 1945 Constitution was very limited. The people who were involved in the amendment processes represented limited number of groups. Incidentally, only people with important and dominant powers were involved. The people were also not involved from the beginning of the amendment processes. Therefore, the role of the people in the amendments had not been carried out optimally. The results of the study show that the role of the people directly and actively in the amendment could increase transparency and public trust towards the government. The people are expected to be more responsive, accommodating, aspirational, and participatory to give rise to a match between the will of the people and the wishes of the government in the realization of the ideals of the Indonesian nation. The direct and active role of the people can be realized through conventional media, print media, and electronic media in a structured and systematic manner. It is expected that the people’s role will be able to strengthen the Indonesian constitutional system and economic, political, social, and cultural stability, as well as the defense and security of the Republic of Indonesia. In addition, the direct involvement of the people is expected to be in line with the optimization of the role of the Constitutional Court as the ‘guardian of the constitution’ to maintain the purity of the 1945 Constitution.


2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.


Author(s):  
Elena A. Kosovan ◽  

The paper provides a review on the joint Russian-Belarusian tutorial “History of the Great Patriotic War. Essays on the Shared History” published for the 75th anniversary of the victory in the Great Patriotic War. The tutorial was prepared within the project “Belarus and Russia. Essays on the Shared History”, implemented since 2018 and aimed at publishing a series of tutorials, which authors are major Russian and Belarusian historians, archivists, teachers, and other specialists in human sciences. From the author’s point of view, the joint work of specialists from the Russian Federation and the Republic of Belarus in such a format not only contributes to the deepening of humanitarian integration within the Union state, but also to the formation of a common educational system on the scale of the Commonwealth of Independent States or the Eurasian integration project (Eurasian Economic Union – EEU). The author emphasises the high research and educational significance of the publication reviewed when noting that the teaching of history in general and the history of the Second World War and the Great Patriotic War in particular in post-Soviet schools and institutes of higher education is complicated by many different issues and challenges (including external ones, which can be regarded as information aggression by various extra-regional actors).


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