Constitutional law in the XXI century and the transformation of modern law

2020 ◽  
Author(s):  
Irina Konyukhova ◽  
Keyword(s):  
Liberal Democracy ◽  
Constitutional Law ◽  
New Generation

The article reveals the dialectics of the development of constitutional law in the conditions of the transformation of law in the XXI century. Two general trends in the development of law - globalization and differentiation of law, manifested in the formation of branches of law of the new generation, its internationalization, humanization and socialization are considered. Attention is drawn to the fact that the crisis of liberal democracy has caused the increasing importance of the axiology of law.

scholarly journals Constitutional design and destiny of the states: The Weimar Constitution and the St Vitus Day Constitution in comparative perspective

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 396-417
Author(s):  
Dragoljub Popović
Keyword(s):  
Liberal Democracy ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
Comparative Perspective ◽  
Constitutional Design ◽  
Parliamentary Government ◽  
Territorial Organization ◽  
Vertical Division ◽  
Made In

The Weimar Constitution of 1919 and the St Vitus Day Constitution of 1921 were quite different in many aspects. Their comparison is nevertheless of interest not only because it shows some influences of the older one to the younger, but also for the fact that it displays the line of developments of the two countries - Germany and Yugoslavia. If considered from the standpoint of parliamentary government, territorial organization of the two states and some other features the analysis of the respective constitutional developments leads to several conclusions. The two constitutions had their initial shortcomings, but those did not belong to the same area of constitutional law. In Germany they concerned the horizontal separation of powers, whereas in Yugoslavia they belonged to the vertical division of power. Both constitutions under survey ended up in dictatorships. In both countries, attempts were made in the course of history to remedy the initial shortcomings or constructive errors of the two constitutions. In Germany such attempts were successful, which on the contrary was not the case in Yugoslavia. Germany therefore became a well-functioning liberal democracy, while Yugoslavia failed and disappeared.

scholarly journals Modern Constitutional Law: Russian and Foreign Studies

2020 ◽  
Author(s):  
Keyword(s):  
Constitutional Law ◽  
Digital Technologies ◽  
Social State ◽  
Foreign Countries ◽  
The Social ◽  
The Russian Federation ◽  
International Constitutionalism ◽  
New Generation ◽  
The Impact ◽  
Constitutional Identity

The collection contains articles, reviews and abstracts that reveal trends in the development of constitutional law and international constitutionalism, constitutional problems of the social state, the constitutional identity and territorial configuration of power in Russia, the values and shortcomings of the Constitution of the Russian Federation in 1993, and the features of constitutional reforms in foreign countries. The issues of the formation the human rights of the new generation and the impact of digital technologies and artificial intelligence on the development of democracy are shown. For researchers, teachers, postgraduates and students.

scholarly journals An Opportunity for Reflection – A Special Issue on “The Constitution of Canada: History, Evolution, Influence and Reform”

2017 ◽  
Vol 9 (3) ◽  
pp. Ed-I-Ed-VII
Author(s):  
Giuseppe Martinico ◽  
Richard Albert ◽  
Antonia Baraggia ◽  
Cristina Fasone
Keyword(s):  
Liberal Democracy ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
International Association ◽  
Modern World ◽  
Considerable Influence ◽  
Foreseeable Future ◽  
Special Issue ◽  
Legal Studies ◽  
The World

Abstract Canada is and will for the foreseeable future be a peaceful and prosperous liberal democracy whose Constitution Act, 1867, now 150 years old as of 2017, has become a model for the modern world. The Constitution of Canada has exerted considerable influence on other countries, particularly since the coming into force of its Constitution Act, 1982, which included the celebrated Canadian Charter of Rights and Freedoms. Just as Canada drew from foreign and international experiences in drafting its Charter, the world has learned a great deal from Canada, not only as to rights protections but also as to the separation of powers, the judicial function, and the structure of government. In light of these impressive achievements, an international symposium on the Canadian Constitution was held in Pisa at the Scuola Sant’Anna under the auspices of the Sant’Anna Legal Studies project and with the support of the DIRPOLIS (Law, Politics and Development) Institute at the Scuola Sant’Anna, the Canadian Embassy in Italy, and the International Association of Constitutional Law. This special issue collects some of the papers presented on that occasion.

Hubris, constitutionalism, and “the indissoluble unity of the Spanish nation”: The repression of Catalan secessionist referenda in Spanish constitutional law

2019 ◽  
Vol 17 (3) ◽  
pp. 943-969 ◽  
Author(s):  
Hèctor López Bofill
Keyword(s):  
Criminal Law ◽  
Liberal Democracy ◽  
Constitutional Law ◽  
The Political ◽  
Liberal Democracies ◽  
Spanish Constitution ◽  
Liberal Democratic

Abstract This article analyzes the struggles of the Catalan government to organize a referendum on secession and the constitutional framework invoked by the Spanish central authorities to prohibit it. The repression of secessionist referenda within the Spanish constitutional framework triggers several problematic questions concerning the role of constitutional supremacy in handling subnational secessionist challenges developed under a pacific and democratic framework. The article offers a comparison between the Spanish-Catalan case and other examples of secessionist referenda within liberal democracies, underscoring that the Spanish solution of repressing such referenda through criminal law is unique in the liberal democratic context. The article also offers a description of the political, historical, and legal circumstances surrounding the Spanish central authorities’ actions that explains the Spanish constitutional response to both the Catalan Consultation held on November 9, 2014, and the referendum on Catalan independence held on October 1, 2017. The article concludes by arguing that the prohibition of the Catalan referendum initiatives on independence and their subsequent prosecution through criminal law may cripple the basic pillars of the Spanish liberal democracy designed under the 1978 Spanish Constitution.

Abusive Constitutional Borrowing

2021 ◽  
Author(s):  
Rosalind Dixon ◽  
David Landau
Keyword(s):  
Judicial Review ◽  
Liberal Democracy ◽  
Constitutional Law ◽  
Dark Side ◽  
Constitutional Rights ◽  
Constituent Power ◽  
Liberal Democratic ◽  
Comparative Constitutional Law ◽  
The World ◽  
Legal Globalization

We live in a golden age of comparative constitutional law. Liberal democratic ideas have diffused readily around the world, and certain features such as judicial review and constitutional rights are now nearly universal. At the same time, recent years have seen a pronounced trend toward the erosion of democracy. This book argues that the rhetorical triumph of liberal democratic constitutionalism, and the tendency toward democratic retrenchment, are fully consistent phenomena. Legal globalization has a dark side: norms intended to protect and promote liberal democratic constitutionalism can often readily be used to undermine it. Abusive constitutional borrowing involves the appropriation of liberal democratic constitutional designs, concepts, and doctrines to advance authoritarian projects. Some of the most important hallmarks of liberal democratic constitutionalism—including constitutional rights, judicial review, and constituent power—can be turned into powerful instruments to demolish rather than defend democracy. The book offers a wealth of examples, selected both to shed new light on well-known cases such as Hungary, Poland, and Venezuela, as well as to expand discussions by considering contexts such as Cambodia, Rwanda, and Fiji. It also discusses the implications of the phenomenon of abusive constitutional borrowing for those who study and promote liberal democracy and related fields like human rights. It suggests ways in which the construction of norms might be improved to protect against abuse (what we call ‘abuse-proofing’), as well as ways in which monitoring regimes might be more attuned to the threat. Finally, it suggests recasting debates about liberal democracy to emphasize contestation, rather than mimicry.

scholarly journals Między demoliberalizmem a państwem władczym. Wacława Makowskiego pochwała solidaryzmu i krytyka liberalizmu

2019 ◽  
Vol 27 ◽  
pp. 91-102
Author(s):  
Łukasz Bojko
Keyword(s):  
Liberal Democracy ◽  
Constitutional Law ◽  
Political Life ◽  
The Political

Between demoliberalism and an imperious state: Wacław Makowski’s praise of solidarism and criticism of liberalismThis article acquaints the reader with notions of Wacław Makowski, eminent professor of criminal and constitutional law and a sanation activist. The article particularly refers to his criticisms of liberalism and praise of solidarism. The constant crisis of the political life of the Second Polish Republic required an essential reform of political bases. According to Makowski one should break with the bases of the March Constitution, that is liberalism and parliamentary democratism in favour of solidarism, being an indirect form between authoritarian dictatorship and liberal democracy.

Finding the Right Problems: Some HREM Applications to Interfaces

1984 ◽  
Vol 42 ◽  
pp. 376-379
Author(s):  
D. Cherns
Keyword(s):  
Grain Boundaries ◽  
High Resolution Electron Microscopy ◽  
Boundary Structure ◽  
Atomic Structures ◽  
Grain Boundary Structure ◽  
Resolution Electron ◽  
Point To Point ◽  
The Right ◽  
New Generation ◽  
Better Than

The use of high resolution electron microscopy (HREM) to determine the atomic structure of grain boundaries and interfaces is a topic of great current interest. Grain boundary structure has been considered for many years as central to an understanding of the mechanical and transport properties of materials. Some more recent attention has focussed on the atomic structures of metalsemiconductor interfaces which are believed to control electrical properties of contacts. The atomic structures of interfaces in semiconductor or metal multilayers is an area of growing interest for understanding the unusual electrical or mechanical properties which these new materials possess. However, although the point-to-point resolutions of currently available HREMs, ∼2-3Å, appear sufficient to solve many of these problems, few atomic models of grain boundaries and interfaces have been derived. Moreover, with a new generation of 300-400kV instruments promising resolutions in the 1.6-2.0 Å range, and resolutions better than 1.5Å expected from specialist instruments, it is an appropriate time to consider the usefulness of HREM for interface studies.

Total etch dentin bonding systems: scanning electron microscopy of the resin-dentin hybrid layer

1992 ◽  
Vol 50 (2) ◽  
pp. 1092-1093
Author(s):  
Jorge Perdigao
Keyword(s):  
Composite Resin ◽  
Mechanical Interlocking ◽  
Hybrid Layer ◽  
Agent Based ◽  
Dentin Bonding ◽  
Acid Agent ◽  
Bond Strengths ◽  
Main Component ◽  
Bonding Systems ◽  
New Generation

In 1955, Buonocore introduced the etching of enamel with phosphoric acid. Bonding to enamel was created by mechanical interlocking of resin tags with enamel prisms. Enamel is an inert tissue whose main component is hydroxyapatite (98% by weight). Conversely, dentin is a wet living tissue crossed by tubules containing cellular extensions of the dental pulp. Dentin consists of 18% of organic material, primarily collagen. Several generations of dentin bonding systems (DBS) have been studied in the last 20 years. The dentin bond strengths associated with these DBS have been constantly lower than the enamel bond strengths. Recently, a new generation of DBS has been described. They are applied in three steps: an acid agent on enamel and dentin (total etch technique), two mixed primers and a bonding agent based on a methacrylate resin. They are supposed to bond composite resin to wet dentin through dentin organic component, forming a peculiar blended structure that is part tooth and part resin: the hybrid layer.

Low-voltage, high-resolution scanning electron microscopy of polymers

1987 ◽  
Vol 45 ◽  
pp. 466-467 ◽  
Author(s):  
S. J. Krause ◽  
W.W. Adams ◽  
S. Kumar ◽  
T. Reilly ◽  
T. Suziki
Keyword(s):  
Electron Microscopy ◽  
Scanning Electron Microscopy ◽  
Low Voltage ◽  
Chromatic Aberration ◽  
Image Resolution ◽  
Resolution Limit ◽  
Crossover Point ◽  
New Generation ◽  
Beam Damage ◽  
Scanning Electron

Scanning electron microscopy (SEM) of polymers at routine operating voltages of 15 to 25 keV can lead to beam damage and sample image distortion due to charging. Imaging polymer samples with low accelerating voltages (0.1 to 2.0 keV), at or near the “crossover point”, can reduce beam damage, eliminate charging, and improve contrast of surface detail. However, at low voltage, beam brightness is reduced and image resolution is degraded due to chromatic aberration. A new generation of instruments has improved brightness at low voltages, but a typical SEM with a tungsten hairpin filament will have a resolution limit of about 100nm at 1keV. Recently, a new field emission gun (FEG) SEM, the Hitachi S900, was introduced with a reported resolution of 0.8nm at 30keV and 5nm at 1keV. In this research we are reporting the results of imaging coated and uncoated polymer samples at accelerating voltages between 1keV and 30keV in a tungsten hairpin SEM and in the Hitachi S900 FEG SEM.

3-Dimensional immunolabeling and in situ hybridization detection using fluorescence photooxidation and intermediate-voltage Electron Microscopy

1994 ◽  
Vol 52 ◽  
pp. 164-165
Author(s):  
Thomas J. Deerinck ◽  
Maryann E. Martone ◽  
Varda Lev-Ram ◽  
David P. L. Green ◽  
Roger Y. Tsien ◽  
...  
Keyword(s):  
Laser Scanning ◽  
Reactive Oxygen ◽  
Confocal Laser Scanning Microscope ◽  
Fluorescent Dye ◽  
Confocal Laser ◽  
3 Dimensional ◽  
Voltage Electron ◽  
Dimensional Distribution ◽  
Electron Microscopes ◽  
New Generation

The confocal laser scanning microscope has become a powerful tool in the study of the 3-dimensional distribution of proteins and specific nucleic acid sequences in cells and tissues. This is also proving to be true for a new generation of high contrast intermediate voltage electron microscopes (IVEM). Until recently, the number of labeling techniques that could be employed to allow examination of the same sample with both confocal and IVEM was rather limited. One method that can be used to take full advantage of these two technologies is fluorescence photooxidation. Specimens are labeled by a fluorescent dye and viewed with confocal microscopy followed by fluorescence photooxidation of diaminobenzidine (DAB). In this technique, a fluorescent dye is used to photooxidize DAB into an osmiophilic reaction product that can be subsequently visualized with the electron microscope. The precise reaction mechanism by which the photooxidation occurs is not known but evidence suggests that the radiationless transfer of energy from the excited-state dye molecule undergoing the phenomenon of intersystem crossing leads to the formation of reactive oxygen species such as singlet oxygen. It is this reactive oxygen that is likely crucial in the photooxidation of DAB.

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