“State form” in the theory and practice of constitutional change in modern China

2021 ◽  
pp. 46-66
Author(s):  
Ryan Mitchell
Keyword(s):  
Theory And Practice ◽  
Modern China ◽  
Constitutional Change ◽  
State Form

The Concept of the ‘Living Constitution’ in Russian Constitutional Theory and Practice

2021 ◽  
Vol 46 (3-4) ◽  
pp. 416-445
Author(s):  
Caroline von Gall
Keyword(s):  
Direct Effect ◽  
Paradigm Shift ◽  
Social Conditions ◽  
Theory And Practice ◽  
Constitutional Reform ◽  
Constitutional Theory ◽  
Constitutional Change ◽  
The Past ◽  
Margin Of Appreciation

Abstract In discussing the concept of the ‘living constitution’ in Russian constitutional theory and practice, this paper shows that the Russian concept of the living constitution differs from U.S. or European approaches to evolutive interpretation. The Russian concept has its roots in Soviet and pre-revolutionary Russian constitutional thinking. It reduces the normative power of the Constitution but allows an interpretation according to changing social conditions and gives the legislator a broad margin of appreciation. Whereas the 1993 Russian constitutional reform had been regarded as a paradigm shift with the intention to break with the past by declaring that the Constitution shall have supreme judicial force and direct effect, the paper also gives answers to the complexity of constitutional change and legal transplants and the role of constitutional theory and practice for the functioning of the current authoritarian regime in Russia.

The Case for Repealing the Second Amendment? The Historical Barriers to Constitutional Change

2021 ◽  
Vol 51 (4) ◽  
pp. 595-607
Author(s):  
David T. Konig
Keyword(s):  
Constitutional Law ◽  
Theory And Practice ◽  
The Political ◽  
Constitutional Change ◽  
Second Amendment ◽  
The People ◽  
The Right ◽  
The U.S ◽  
Popular Constitutionalism

The controversy surrounding the Second Amendment—“the right of the people to keep and bear arms”—is, to a large extent, historical in nature, redolent of other matters in this country’s legal and constitutional past. But the historical analogies that might support the Amendment’s repeal do not permit easy conclusions. The issue demands that legal historians venture beyond familiar territory to confront unavoidable problems at the intersection of theory and practice and of constitutional law and popular constitutionalism. An interdisciplinary analysis of Lichtman’s Repeal the Second Amendment illuminates the political, legal, and constitutional dimensions—as well as the perils—of undertaking the arduous amending process permitted by Article V of the U.S. Constitution.

Die Herausforderungen der digitalen Kommunikation für den Staat und seine demokratische Staatsform | The Challenges of Digital Communication for the State and its Democratic State Form | Les défis de la communication numérique pour l’État et sa forme démocratique

2021 ◽  
Keyword(s):  
Social Communication ◽  
Constitutional Law ◽  
Theory And Practice ◽  
Public And Private ◽  
Supreme Courts ◽  
Digital Revolution ◽  
The Public ◽  
Democratic State ◽  
Points Of View ◽  
State Form

Constitutional law must integrate the changes in the structure of social communication in the course of the digital revolution into the edifice of constitutional law and general constitutional doctrine, just as it must integrate the increasing dehumanisation of decisions by algorithms and artificial intelligence in both the public and private law spheres. The discussion on these multi-layered and complicated issues were lively debated by experts from theory and practice at the Societas Iuris Publici Europaei (SIPE) conference. Another topic of the conference was the acceptance of the primacy of Union law by the national supreme courts and the question of whether and how a convergence of the different points of view would be possible here.

scholarly journals Bilingualism in the scientific and educational discourse of China: psychophysiological, organizational and pedagogical aspects

2020 ◽  
Vol 210 ◽  
pp. 18046
Author(s):  
Besarion Meskhi ◽  
Pavel Ermakov ◽  
Svetlana Ponomareva ◽  
Olga Fedotova
Keyword(s):  
Content Analysis ◽  
Ethnic Groups ◽  
The State ◽  
Theory And Practice ◽  
Modern China ◽  
Organizational Discourse ◽  
Educational Discourse ◽  
State Of Research ◽  
Administrative Units ◽  
National Languages

The article analyzes certain aspects of the representation of modern scientific, educational and organizational discourse, characterizing the state of research in the field of theory and practice of bilingualism. It is emphasized that the problem of cultivating bilingualism has acquired particular relevance in modern China, which pursues a policy of active use of national languages in regions and administrative units inhabited by representatives of other, non-Han, ethnic groups. Based on the content analysis, the activity of foreign researchers of the problems of bilingualism and trilingualism in China has been established. Three thematic clusters are identified and characterized, within which modern research is carried out and the policy of bilingualism in China is implemented.

scholarly journals Rethinking the Orwellian Imaginary through Contemporary Chinese Fiction

2019 ◽  
Vol 17 (5) ◽  
pp. 738-742
Author(s):  
Karen Fang
Keyword(s):  
Cultural Difference ◽  
Technology Policy ◽  
Theory And Practice ◽  
First Century ◽  
Modern China ◽  
Surveillance Technology ◽  
Contemporary Chinese Fiction ◽  
Surveillance Society ◽  
Three Body ◽  
Rising Power

Although George Orwell’s Nineteen Eighty-Four ([1949] 2003) and Aldous Huxley’s Brave New World ([1932] 2006) have long offered contrasting paradigms in surveillance theory, little attention has been paid to how race and cultural difference operate in their respective regimes. This oversight is surprising given race’s centrality in surveillance theory and practice, and it is increasingly anachronistic in light of contemporary geopolitics and the rising power of non-Western states. By contrast, the best-selling and critically acclaimed novels The Fat Years (Koonchung 2013), The Three-Body Problem (Liu 20014), and Death of a Red Heroine (Xiaolong 2000) are all set in modern China and portray issues of surveillance technology, policy, implementation, and resistance previously associated with Western powers. Yet while these later novels’ Chinese settings offer radically different scenarios than our previous touchstones of surveillance imagery, their global popularity also demonstrates their vast resonance and accessibility. Indeed, in strong reaffirmation of Orwell’s and Huxley’s ongoing value—and the value of literature to surveillance theory more generally—these recent China-set novels collapse the Orwell and Huxley dichotomy to offer surprising glimpses into the more culturally diversified twenty-first century global surveillance society.

Constitution-transforming informal methods of changing the Constitution of the Russian Federation: between validity and constitutionality

2021 ◽  
Vol 30 (5) ◽  
pp. 42-75
Author(s):  
Dmitry Shustrov ◽  
Keyword(s):  
Russian Federation ◽  
Real Life ◽  
Theory And Practice ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Constitutional Change ◽  
Time Saving ◽  
The Russian Federation ◽  
The Government ◽  
Formal Procedures

The Constitution of the Russian Federation has been changed according to formalities and the rules established by it, although there are numerous examples of constitutional changes having been made outside of formal procedures. In the theory and practice of constitutional law, an approach has been developed according to which the constitution can be changed without formally changing its text — by changing its meaning. Such changes are called constitutional transformation and are carried out by informal methods of changing the constitution. They differ significantly from the formal methods of constitutional reform, since they are carried out not by the sovereign source of power but by the constituted power — by the legislative, executive, and judicial authorities. The article examines the main informal methods of changing the constitution: law, interpretation, convention. Constitutional transformation by informal methods of constitutional change is not provided for by the constitution, therefore it is unconstitutional. However, it becomes valid thanks to implementation by institutions established by the constitution, within the framework of constitutionally provided procedures and recognized as methods of constitutional change by other subjects of constitutional relations. If the subjects of constitutional relations are not in agreement with a constitutional transformation, they can overcome it through constitutional reform or (depending on the method) through an appeal to the constitutional court by which, if successful, an informal constitutional change becomes unconstitutional and invalid. Turning to informal methods, the government incurs costs in terms of the legality and legitimacy of the constitutional change, but at the same time it gains in terms of efficiency, time saving and the result obtained. The emergence of a “living”, “parallel” constitution, the lag of the formal constitution behind real life, the inadequacy of the constitutional text are the price paid for resorting to informal methods of constitutional change. It is important that resort to informal means does not become the norm. Constitutional transformation should be supplementary in nature, and appeal to it should be the last resort.

Addressing the Content Vocabulary With Core: Theory and Practice for Nonliterate or Emerging Literate Students

2012 ◽  
Vol 21 (3) ◽  
pp. 74-81 ◽  
Author(s):  
Debbie Witkowski ◽  
Bruce Baker
Keyword(s):  
Communication Skills ◽  
High Performance ◽  
Theory And Practice ◽  
Written Communication ◽  
Academic Tasks ◽  
Meaningful Participation ◽  
Core Theory ◽  
Communication Needs ◽  
Core Vocabulary ◽  
Personal Success

Abstract In the early elementary grades, the primary emphasis is on developing skills crucial to future academic and personal success—specifically oral and written communication skills. These skills are vital to student success as well as to meaningful participation in the classroom and interaction with peers. Children with complex communication needs (CCN) may require the use of high-performance speech generating devices (SGDs). The challenges for these students are further complicated by the task of learning language at a time when they are expected to apply their linguistic skills to academic tasks. However, by focusing on core vocabulary as a primary vehicle for instruction, educators can equip students who use SGDs to develop language skills and be competitive in the classroom. In this article, we will define core vocabulary and provide theoretical and practical insights into integrating it into the classroom routine for developing oral and written communication skills.

Sign in / Sign up

Export Citation Format

Share Document