scholarly journals Equality, Democracy, and Constitution: We the People in Court

1969 ◽  
pp. 324 ◽  
Author(s):  
Ronald Dworkin

Commentators have seen the disabling provisions found in the American and Canadian constitutions as undemocratic because they restrict majority powers. Building upon the work of John Hart Ely, this paper puts forward a conception of democracy which nourishes both collective responsibility and individual judgment. The distinguishes between "statistical" and "communal'' conceptions of democracy. Traditional theories, such as Ely's, have relied on the statistical notion which of individuals in a democracy acting each on their own. In the communal conception, decisions are made by the ' 'people'' acting as a distinct and collective unit of responsibility. The author then elaborates on the communal conception by identifying two variations of it, ' 'integrated'' and ' 'monolithic' 'forms of collective action. In the latter, both the unit of responsibility and the unit of judgment are collective, while in the former the unit of judgment resides in the individual. If democracy is understood in the integrated communal sense, then many of the disabling provisions in the American and Canadian constitutions can be seen to democracy rather than contradict it.

2018 ◽  
Vol 6 (3) ◽  
pp. 79
Author(s):  
Anna M. Cox

The Senatorial practice of the filibuster has a long history of being an established fixture in the U.S. Senate. The filibuster, a senatorial tool and tactic of extended or unlimited debate has a constitutional basis, reason and purpose. The filibuster when implemented in accordance with its constitutional basis can maintain the checks and balance of governmental institutions, preserve true representation of “We the People”, protect the individual liberties of the American citizen and the rights of the minority. Thus without the preservation of the filibuster the Senate’s ability to conduct their legislative and representative responsibilities on the behalf of their constituents they represent would be in severe jeopardy. Consequently, the Senate must take the position of doing its due diligence to preserve and sustain the fundamental practice of the filibuster for the American citizenry for whom they represent. 


Author(s):  
Omer Najmaldden Inja Aljabbary

This study (The Approach to Reform Islamic religion) deals with the following: 1 - Islamic religion is a set of rules, laws and instructions created by Allah Almighty to organize human society by bringing benefit to them and the preservation of their necessary interests and preventing any harmful and corrupted things from them. Moreover, it prevents overwhelming anyone in his religion, life, wealth and mind.2- Peace is among the fundamentals of the Islamic religion and it is a means of building the country, spreading religion and cooperation among the members of society in addition to organizing international relations between Islamic countries and others to preserve the common interests of the human being, considering that all people are brothers and they came from one father and one mother, Adam and Eve , and that war is an exception should be resorted only in the cases of defense and aggression. Even in the case of war, it must be resorted to peace and reconciliation. 3. Religion is a means of reforming the relationship between the individuals and the individual with the group to achieve peaceful coexistence. 4 - The Islamic religion is not a religion of violence, killing and aggression as alleged by the hypocrites who want to abuse the religion of heaven; because the appeal of the Islamic religion is an abuse to the rest of the heavenly religions; as the source of religions is Allah Almighty. Moreover, the religion was found to serve the community by organizing and preserving their interests. 5. Responsibility for the preservation of religion is a collective responsibility shared by the individual, society, clergy and the government. It must be legislated and directing the people not to offend religions and by insulting the heavenly religions as it is the source of Chaos and aggression among people.


2021 ◽  
pp. 1-23
Author(s):  
Catherine L. Dumas

This study aims to reveal patterns of e-petition co-signing behavior that are indicative of the mobilization of online “communities” engaging in collective action to express policy preferences on We the People (WtP), the first web-enabled US government petitioning system initiated by Obama. This Internet-based tool allowed users to petition the Obama Administration and solicit support for policy suggestions. Using petition data from WtP, this case study examines a set of 125 petitions that were created by individuals that are associated with a white supremacist group called The White Genocide Project (The White Genocide Project has recently changed their name to Fight White Genocide). Using data mining techniques, namely market basket analysis and social network analysis, I found evidence of the mobilization of “communities” of an extremist group of white supremacists who systematically and strategically used the WtP platform to broadcast their message by creating and co-signing petitions every month for almost four years.


2021 ◽  
Vol 120 (1) ◽  
pp. 232-241
Author(s):  
Kalpana Kannabiran

Extrapolating from the ideas of Elinor Ostrom and scholars of the commons, the conceptualization of the Constitution as a commons opens the Constitution out to radical, insurgent readings that redefine belonging and ownership—it is no longer the property of state legislatures and courts to (mis)interpret in the service of political expediency/judicial bias/equivocation. It is the people who, through collective action and civic engagement, hold institutions to account and provide the tools and experiences that must shape constitutional interpretation. This article will examine the emergence of the constitution-as-commons as the space for a public, shared, collectively crafted jurisprudence of citizenship, occupying the commons of the nation and the commons that the Constitution in fact is, bringing space and belonging together in unanticipated ways. What are the implications for courts and for the futures of the Constitution of the rupture of a sequestered “constitutional jurisprudence” through the articulation of an expansive, inclusive constitution-as-commons by “we, the people?”


Author(s):  
Chaihark Hahm ◽  
Sung Ho Kim
Keyword(s):  

2012 ◽  
Author(s):  
Donald C. Dahlin
Keyword(s):  

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 748-752
Author(s):  
Swapnali Khabade ◽  
Bharat Rathi ◽  
Renu Rathi

A novel, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), causes severe acute respiratory syndrome and spread globally from Wuhan, China. In March 2020 the World Health Organization declared the SARS-Cov-2 virus as a COVID- 19, a global pandemic. This pandemic happened to be followed by some restrictions, and specially lockdown playing the leading role for the people to get disassociated with their personal and social schedules. And now the food is the most necessary thing to take care of. It seems the new challenge for the individual is self-isolation to maintain themselves on the health basis and fight against the pandemic situation by boosting their immunity. Food organised by proper diet may maintain the physical and mental health of the individual. Ayurveda aims to promote and preserve the health, strength and the longevity of the healthy person and to cure the disease by properly channelling with and without Ahara. In Ayurveda, diet (Ahara) is considered as one of the critical pillars of life, and Langhana plays an important role too. This article will review the relevance of dietetic approach described in Ayurveda with and without food (Asthavidhi visheshaytana & Lanhgan) during COVID-19 like a pandemic.


2020 ◽  
Vol 10 (3) ◽  
pp. 43-57
Author(s):  
See Seng Tan

Abstract: The longstanding effort to develop a people-based regionalism in Southeast Asia has been shaped by an inherent tension between the liberal inclination to privilege the individual and the community under formation, on the one hand, and the realist insistence on the primacy of the state, on the other. This article explores the conditions and constraints affecting ASEAN’s progress in remaking Southeast Asia into a people-focused and caring community in three areas: disaster management, development, and democratization (understood here as human rights). Arguably, the persistent gap in Southeast Asia between aspiration and expectation is determined less by political ideology than by the pragmatic responses of ASEAN member states to the forces of nationalism and protectionism, as well as their respective sense of local and regional responsibility.Resumen: El esfuerzo histórico para desarrollar un regionalismo basado en las personas del sudeste de Asia ha estado marcado por una tensión fundamental entre la inclinación liberal de privilegiar el individuo y la comunidad y la insistencia realista sobre la primacía del estado. Este artículo explora las condiciones y limitaciones que afectan el progreso de la ASEAN en la reestructuración de Asia sudoriental en una comunidad centrada en el cuidado de las personas en: gestión de desastres, desarrollo y democratización (i.e., derechos humanos). La brecha persistente en el sudeste asiático entre la aspiración y la expectativa está determinada por las respuestas pragmáticas de los miembros de la ASEAN sometidos a las fuerzas del nacionalismo y proteccionismo, así como su respectivo sentido de responsabilidad local y regional.Résumé: L’effort historique pour développer un régionalisme fondé sur les peuples en Asie du Sud-Est a été marqué par une tension fondamentale entre l’inclination libérale qui privilégie, d’une part, l’individu et la communauté et, d’autre part, l’insistance réaliste sur la primauté de l’État. Cet article explore les conditions et les contraintes qui nuisent aux progrès de l’ANASE dans le cadre d’une refonte de l’Asie du Sud-Est en une communauté centrée et attentive aux peuples dans trois domaines : la gestion des désastres, le développement et la démocratisation (en référence aux droits humains). Le fossé persistant en Asie du Sud-Est entre les aspirations et les attentes est vraisemblablement moins déterminé par l’idéologie politique que par les réponses pragmatiques des États membres de l’ANASE soumis aux forces du nationalisme et du protectionnisme ainsi que par leur sens respectif de la responsabilité locale et régionale.


Author(s):  
Dr.Prachyakorn Chaiyakot ◽  
Wachara Chaiyakhet ◽  
Dr.Woraluck Lalitsasivimol ◽  
Dr.Siriluck Thongpoon

Songkhla Lake Basin has a long history of at least 6,000 years and has a wide variety of tourism resources including nature, history, beliefs, culture and various traditions of the local people. It covers 3 provinces, the whole area of Phatthalung, 12 districts of Songkhla and 2 districts of Nakhon Si Thammarat Province. It has an area of approximately 8,727 square kilometers. There are many tourist attractions because the basin has a long history through different eras, natural, historic, ancient sites, and the culture of the local people. In 2018, both Thai and foreign tourists visited Songkhla and Phatthalung, which is the main area of Songkhla Lake Basin. The total number of tourists that came was 7,628,813 and 1,641,841 and an income of 68,252.64 and 3,470.96 million baht was generated from each province, respectively (Ministry of Tourism and Sports, 2020). Although Songkhla Lake Basin has various tourist attractions, the promotion of tourism with the involvement of government agencies in the past mainly focused on promoting tourism along with the tourist attractions rather than encouraging tourists to experience and learn the culture of the people living in the area; the culture that reflects the uniqueness of the people in the south. This study, therefore, aims to find creative tourism activities in SLB in order to increase the value of tourism resources, create tourism activities that are aligned with the resources available in the community and increase the number of tourists in the area. Data for this study were collected using a secondary source of data collection method. It was done through a literature review of related documents, texts, magazines, and research which focus on Songkhla Lake Basin as a guideline for designing tourism activities. The field survey was done through twelve community-based tourism sites in SLB to find creative tourism activities. Data on each activity were collected in detail by interviewing the tourism community leaders and the local people. Content analysis was used to describe the individual open-ended questions by focusing on the important issues and the information obtained was presented as a narrative. Keywords: Songkhla Lake Basin, Creative Tourism, Local Wisdom


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