scholarly journals Contrarrestando reclamos de democracia. El poder de las narrativas y la disputa por la jurisdicción en sectores extractivos en Colombia

2020 ◽  
pp. 277-310
Author(s):  
Kristina Dietz
Keyword(s):  
Social Interaction ◽  
Oil Extraction ◽  
Resource Extraction ◽  
Democratic Participation ◽  
Constitutional Court ◽  
Structured Interviews ◽  
Oil Exploitation ◽  
Public Hearings ◽  
Oil Sector ◽  
The Republic

El artículo está enfocado en el uso de narrativas para entender la manera como los reclamos de participación democrática en los conflictos por minería y extracción petrolera están siendo contrarrestados por actores del Estado y de las corporaciones. Teóricamente, el análisis está basado en una interpretación dialéctica entre narrativas y agencia, en la que las narrativas son entendidas como productos contingentes de interacción social. Se argumenta que para impedir la institucionalización de la participación democrática y evitar un cambio en las relaciones de poder en el sector minero y petrolero, se usa una combinación de diversas narrativas. Las narrativas principales son adaptadas a los reclamos de opositores, complementadas con nuevas historias en reacción a las condiciones cambiantes del contexto y combinadas para diferentes contextos, escenarios y públicos. Empíricamente, el estudio se enfoca en las disputas en torno a consultas populares por minería, fracking (fracturación hidráulica) y explotación de petróleo en Colombia. Los datos de análisis consisten en entrevistas semiestructuradas; transcripciones de dos audiencias públicas transmitidas en directo, una en el Senado de la República y otra en la Corte Constitucional; y varios artículos de dos de los principales periódicos colombianos: El Tiempo y El Espectador. El periodo investigado cubre desde junio de 2013 hasta noviembre de 2018. Counteracting Claims for Democracy. The Power of Narratives and the Dispute over Jurisdiction in Extractive Sectors in Colombia Abstract: The article focuses on the use of narratives to understand how demands for democratic participation in mining an oil extraction conflicts are being countered by state and corporations. Theoretically, the analysis is based on a dialectical interpretation about narratives and agency, in which narratives are understood as contingent products of social interaction. It is argued that to prevent the institutionalization of democratic participation and prevent a change in power relations in the mining and oil sector, a combination of diverse narratives is used. The main narratives are adapted to the claims of opponents, complemented by new stories in reaction to the changing conditions of the context and combined for different contexts, scenarios and audiences. Empirically, the study focuses on disputes over popular consultations about mining, fracking (hydraulic fracturing) and oil exploitation in Colombia. The data analyzed came from semi-structured interviews, from transcripts of two public hearings transmitted live, one in the Senate of the Republic and one in the Constitutional Court, and from several articles from two of the main Colombian newspapers: El Tiempo and El Espectador. The period under investigation covers from June of 2013 to November of 2018. Keywords: popular consultations, resource extraction, narratives, jurisdiction, democracy, Colombia

The Constitutional Court of South Africa Delivers its First Judgments

1995 ◽  
Vol 39 (2) ◽  
pp. 232-233
Author(s):  
John Hatchard
Keyword(s):  
South Africa ◽  
Constitutional Court ◽  
Race And Gender ◽  
Chief Justice ◽  
Public Hearings ◽  
Service Commission ◽  
The Republic ◽  
And Gender

The first term of the Constitutional Court began in February 1995. The Court is made up of 11 judges, five of whom, namely Mr Arthur Chaskalson (President), Mr Justice Goldstone, Mr Justice Laurie Ackermann, Mr Justice Ishmail Mohamed, and Mr Justice Tholakele Madlain, were appointed by the President of the Republic in consultation with the Cabinet and the Chief Justice. The remaining six members were appointed by the President of the Republic after consultation with the President of the Court and the Cabinet and following the making of recommendations by the Judicial Service Commission (JSC). In so doing, the JSC was required to take into account “the need to constitute a court which is independent, competent and representative in respect of race and gender”. After a series of public hearings, the JSC submitted a list often names for consideration from the 24 candidates who were short-listed. The following six were appointed: Mr Justice John Didcott, Mr Justice Johann Kriegler, Mr Pius Langa, Prof. Yvonne Mokgoro, Prof. Catherine O'Regan and Prof. Albie Sachs. The Constitutional Court Complementary Act, 1995, provides that eight of the 11 judges must hear each case, so that only one case can be heard by the court at any one time.

“Shhhh! Alex Has Something To Say”: AAC-SGD Use in the Classroom Setting

2010 ◽  
Vol 19 (4) ◽  
pp. 108-114 ◽  
Author(s):  
Lisa M. Mellman ◽  
Laura S. DeThorne ◽  
Julie A. Hengst
Keyword(s):  
Social Interaction ◽  
Social Interactions ◽  
Augmentative And Alternative Communication ◽  
Classroom Community ◽  
Classroom Observations ◽  
Classroom Teachers ◽  
Classroom Setting ◽  
Alternative Communication ◽  
Structured Interviews ◽  
Missed Opportunities

Abstract The present qualitative study was designed to examine augmentative and alternative communication (AAC) practices, particularly surrounding speech-generating devices (SGDs), in the classroom setting. We focused on three key child participants, their classroom teachers, and associated speech-language pathologists across three different schools. In addition to semi-structured interviews of all participants, six classroom observations per child were completed. Data were coded according to both pre-established and emergent themes. Four broad themes emerged: message-focused AAC use, social interactions within the classroom community, barriers to successful AAC-SGD use, and missed opportunities. Findings revealed a lack of SGD use in the classroom for two children as well as limited social interaction across all cases. We conclude by highlighting the pervasive sense of missed opportunities across these classroom observations and yet, at the same time, the striking resiliency of communicative effort in these cases.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

scholarly journals Can Watching Online Videos Be Addictive? A Qualitative Exploration of Online Video Watching among Chinese Young Adults

2021 ◽  
Vol 18 (14) ◽  
pp. 7247
Author(s):  
Zeyang Yang ◽  
Mark Griffiths ◽  
Zhihao Yan ◽  
Wenting Xu
Keyword(s):  
Social Interaction ◽  
Short Form ◽  
Leisure Activity ◽  
Online Video ◽  
Video Content ◽  
Structured Interviews ◽  
Negative Effects ◽  
Online Videos ◽  
Chinese Young Adults ◽  
Qualitative Exploration

Watching online videos (including short-form videos) has become the most popular leisure activity in China. However, a few studies have reported the potential negative effects of online video watching behaviors (including the potential for ‘addiction’) among a minority of individuals. The present study investigated online video watching behaviors, motivational factors for watching online videos, and potentially addictive indicators of watching online videos. Semi-structured interviews were conducted among 20 young Chinese adults. Qualitative data were analyzed using thematic analysis. Eight themes were identified comprising: (i) content is key; (ii) types of online video watching; (iii) platform function hooks; (iv) personal interests; (v) watching becoming habitual; (vi) social interaction needs; (vii) reassurance needs; and (viii) addiction-like symptoms. Specific video content (e.g., mukbang, pornography), platform-driven continuous watching, and short-form videos were perceived by some participants as being potentially addictive. Specific features or content on Chinese online video platforms (e.g., ‘Danmu’ scrolling comments) need further investigation. Future studies should explore users’ addictive-like behaviors in relation to specific types of online video content and their social interaction on these platforms.

Paradoxes of democracy: Rousseau and Hegel on democratic deliberation

2021 ◽  
pp. 019145372199070
Author(s):  
Lorenzo Rustighi
Keyword(s):  
Social Contract ◽  
Relevant Literature ◽  
Executive Power ◽  
Democratic Participation ◽  
Democratic Deliberation ◽  
Pluralistic Society ◽  
Critical Response ◽  
The Social ◽  
The Republic ◽  
Deliberative Processes

In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing the popular will, representation resurfaces in his Republic from top to bottom and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals ICT to Promote Well-Being within Families

Sensors ◽  
2018 ◽  
Vol 18 (9) ◽  
pp. 2760 ◽  
Author(s):  
Jure Trilar ◽  
Andrej Kos ◽  
Simona Jazbinšek ◽  
Lea Jensterle ◽  
Emilija Stojmenova Duh
Keyword(s):  
Online Survey ◽  
Well Being ◽  
Structured Interviews ◽  
Family Time ◽  
Development Fund ◽  
European Regional Development Fund ◽  
The Family ◽  
The Republic ◽  
Family Centered ◽  
Future Program

Within the Active Living and Well-Being Project (RRP3), funded by the Republic of Slovenia and the European Regional Development Fund Investing in Your Future program, we aim to develop different approaches and prototype solutions to provide ICT solutions for the family in order to connect its members; communicate; promote quality family time, active life, a health-friendly lifestyle and well-being; and integrate various sensor and user-based data sources into a smart city ecosystem platform. A mixed methodology, combined qualitative and quantitative approaches, was selected to conduct the study. An online survey with a structured questionnaire as well as semi-structured interviews were performed. Through the analysis of the results, we tried to establish a family-centered design approach that would be inclusive as much as possible, creating benefits for all generations in order to develop an interactive prototype solution that would allow us to further test and verify different use-case scenarios.

Development Dynamics of Chinese Resource-Based Investment in Peru and Ecuador

2013 ◽  
Vol 55 (1) ◽  
pp. 46-72 ◽  
Author(s):  
Rubén González-Vicente
Keyword(s):  
South America ◽  
Oil Extraction ◽  
Resource Extraction ◽  
Critical Examination ◽  
Production Networks ◽  
Chinese Investment ◽  
Resource Governance ◽  
Natural Resource Governance ◽  
Extraction Processes ◽  
Local Reactions

AbstractThis article analyzes the developmental impact of two of the earliest investments made by Chinese companies in South America, the Shougang Corporation's mining activities in Peru and Andes Petroleum’s oil extraction operations in Ecuador. The article draws attention to the importance of contextualizing and disaggregating instances of Chinese resource-based investment in order to adequately grasp the complexity of processes that are contingent to particular regimes of natural resource governance, companies’ backgrounds, and the strength and nature of local reactions, among other factors. It thereby encourages a critical examination of Chinese investment in South America that explores how the characteristics of that investment are reshaped by the long and contested histories of resource extraction in the region, the promotion of and resistance to particular visions of development, the agency of multiply situated and complex actors, and the wider transnational production networks in which resource extraction processes are embedded.

scholarly journals THE IMPORTANCE OF GOVERNMENT PROGRAMS IN INCREASING EMPLOYMENT EFFICIENCY IN GANJA-KAZAKH ECONOMIC REGION

2021 ◽  
Author(s):  
S. A. Hasanova
Keyword(s):  
Labor Market ◽  
Negative Impact ◽  
Supply And Demand ◽  
Economic Region ◽  
Investment Projects ◽  
Oil Sector ◽  
The Republic ◽  
State Programs ◽  
Production Areas ◽  
The Impact

The article analyzes the labor market in Ganja-Gazakh economic region, the main "State Programs for socio-economic development of the regions of the Republic of Azerbaijan" (2004-2008, 2009-2013, 2014-2018, 2019-2023) to address the employment problems of the population. directions were considered. At the same time, the current situation of employment and unemployment in the region, the interregional distribution of productive forces, the region's infrastructure, the geography of natural resources were studied. Traditional production areas for the region, preferential loans provided to entrepreneurs within the framework of financed investment projects and other issues were discussed. The measures taken to eliminate the negative impact of the global crisis on the regions of Azerbaijan since 2016, the volume of output in key sectors of the economy are reflected. The discrepancy between job supply and demand in the region's labor market, as well as the main problems arising in the process of their coordination were analyzed. The urgency of original issues such as increasing production and exports, attracting effective employment, ensuring regional development by attracting domestic and foreign investment to the regions was brought to attention. The impact of investments in the regions on the development of the non-oil sector on the country's GDP was studied. The enterprises and jobs created in Ganja-Gazakh economic region were discussed within the program. In the end, the results of the analysis were reflected and suggestions were made to eliminate the existing problems.

scholarly journals Hukum Internasional sebagai Alat Interpretasi dalam Pengujian Undang-Undang

2018 ◽  
Vol 15 (1) ◽  
pp. 73
Author(s):  
Umbu Rauta ◽  
Ninon Melatyugra
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Review Process ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Constitutional Tradition ◽  
The Relationship

Tulisan ini ingin menjawab dua isu utama mengenai hubungan hukum internasional dan pengujian undang-undang oleh Mahkamah Konstitusi RI (MKRI). Isu pertama adalah legitimasi penggunaan hukum internasional sebagai alat interpretasi dalam pengujian undang-undang, sedangkan isu kedua adalah urgensi penguasaan hukum internasional oleh hakim MKRI. Tulisan ini merupakan penelitian hukum yang menggunakan pendekatan konseptual dan pendekatan historis dalam menjelaskan perkembangan pengujian undang-undang di Indonesia sekaligus menemukan legitimasi penggunaan hukum internasional oleh MK RI. Kesimpulan dari tulisan ini menegaskan bahwa hukum internasional memiliki sumbangsih yang penting dalam perannya sebagai alat interpretasi dalam proses pengujian undang-undang oleh Mahkamah Konstitusi, khususnya terkait hak asasi manusia. Justifikasi keabsahan praktik penggunaan hukum internasional tersebut ditarik dari tradisi ketatanegaraan yang secara implisit dikehendaki UUD NRI Tahun 1945. Manfaat positif yang diberikan hukum internasional nyatanya harus disertai juga dengan penguasaan hukum internasional oleh hakim MK RI supaya hukum internasional dapat digunakan secara tepat. Pembahasan dalam tulisan ini dibagi ke dalam empat sub bahasan inti yakni, pengujian undang-undang, penggunaan hukum internasional sebagai the interpretative tool dalam pengujian undang-undang oleh MK, legitimasi penggunaan hukum internasional sebagai the interpretative tool dalam pengujian undang-undang, pentingnya penguasaan hukum internasional oleh hakim MK.This article intentionally answers two principal issues regarding the relationship between international law and judicial review by the Constitutional Court of the Republic of Indonesia. The first issue is the legitimacy of international use as an interpretative tool in judicial review. The second issue talks about the necessity of urgent international law mastery by the Constitutional Court’s judges. This legal research utilizes both a conceptual approach and a historical approach to explain the development of judicial review in Indonesia, and to find legitimacy of international law by the Constitutional Court. The analysis in this article affirms that international law positively contributes as an interpretative tool in judicial review by the Constitutional Court, particularly pertaining to human rights. A justification of a legitimate international law use is withdrawn from constitutional tradition which is implicitly desired by the Indonesian Constitution (UUD NRI 1945). Since international law has provided better insights into norms, a mastery of international law should be encouraged. There are four main discussions in this article: judicial review, application of international law in judicial review process, legitimacy of international law application in judicial review, and the importance of international law mastering by Constitutional Court judges.

Sign in / Sign up

Export Citation Format

Share Document