Verfassungsablösung

2021 ◽  
Author(s):  
Friederike Eggert

In her work, the author examines the question of how democratic constitutional states can give themselves new constitutions. On the basis of a comparative analysis of constitutional practice, the author develops constitutional replacement as a sui generis institute of constitutional theory. The core of the question is in which constitutional cases and under which legal and theoretical conditions the replacement of the current constitution would be permissible. The author justifies constitutional replacement based on a democratic-legal understanding of the pouvoir constituant, the "constitution-replacing power". In this concept, the constituent sovereignty of the people becomes a right of the people to replace its constitution.

Author(s):  
Randy E. Barnett

This chapter examines the propriety of state laws under what is known as the “police powers” of the states. Unlike the enumerated powers of Congress, the powers of states are unwritten. This makes determining their proper limits one of the most challenging and vexatious issues in constitutional theory. The chapter first considers the need to construe the propriety of state laws before discussing the police power of the states. It shows that these “police powers” are not inconsistent with the rights retained by the people. To the contrary, the protection of individual rights is at the core of a state's police power. A state may also justify its laws by showing that it is merely regulating liberty in a way that protects the rights of others. The chapter also cites the Supreme Court's decision in Lawrence v. Texas, which found the states' exercise of police power to be improper.


2018 ◽  
Vol 28 (1) ◽  
pp. 345-350
Author(s):  
Ali Hajro

The Current and future leaders live in a turbulent and chaotic environment, where the real power of acting derives from the recognition of the concept of change and looking for options. In this type of environment a lot of competence is necessary for the leaders to survive. The aim of this study case was to explore i.e. gain a clearer picture of the position of the leader, their characteristics, functions, levels, the core and the factors affecting the leader and their leadership. To see what type of leader the people want simply to draw conclusions about the characteristics, qualities and techniques of a leader and their leadership. So that in the end, to have empirical proof of the leader. The set goal in this study case is today’s leaders in everyday process, starting from the very beginning of their work, to serve as an example in developing inter-personal skills at the same time as treating people with dignity and respect. In other words, they have to possess leadership skills, characteristics and the necessary actions. This research aims at finding out the real attributes that is the profile of a leader and their leadership running an organization regardless if it is economic, political, and military or some other non-governmental organization. The values are more than a set of rules, they are not only behavior code, and they say what a leader should be every day in every action that they take. The values shade the leaders’ identity and the organization that they run.


2021 ◽  
Vol 10 (8) ◽  
pp. 294
Author(s):  
Laura Cervi ◽  
Fernando García ◽  
Carles Marín Lladó

During a global pandemic, the great impact of populist discourse on the construction of social reality is undeniable. This study analyzes the fantasmatic dimension of political discourse from Donald Trump’s and Jair Bolsonaro’s Twitter accounts between 1 March and 31 May. To do so, it applies a Clause-Based Semantic Text Analysis (CBSTA) methodology that categorizes speech in Subject-Verb-Object (SVO) triplets. The study findings show that in spite of the Coronavirus pandemic, the main beatific and horrific subjects remain the core populist signifiers: the people and the elite. While Bolsonaro’s narrative was predominantly beatific, centered on the government, Trump’s was mostly horrific, centered on the elite. Trump signified the pandemic as a subject and an enemy to be defeated, whereas Bolsonaro portrayed it as a circumstance. Finally, both leaders defined the people as working people, therefore their concerns about the pandemic were focused on the people’s ability to work.


Der Staat ◽  
2020 ◽  
Vol 59 (3) ◽  
pp. 371-396
Author(s):  
Shu-Perng Hwang

Angesichts des markanten Aufstiegs des Rechtspopulismus in den vergangenen Jahren drängt sich die Frage immer wieder auf, ob oder inwiefern das Parlament den eigentlichen Volkswillen (noch) vertreten kann, und wie im Zeitalter der Globalisierung und Digitalisierung der eigentliche Volkswille überhaupt festzustellen und effektiv durchzusetzen ist. In dieser Hinsicht steht das Vertrauen in die Fähigkeit des Parlaments, den wahren Volkswillen herauszubilden und zu artikulieren, erneut vor großen Herausforderungen. Durch eine vergleichende Analyse zwischen den Demokratietheorien Böckenfördes und Kelsens zeigt der vorliegende Beitrag, weshalb und inwiefern das weitverbreitete Verständnis des Volkswillens und dessen Rolle in der parlamentarischen Demokratie gerade vor dem heutigen Hintergrund eine kritische Besinnung verdient. Es wird argumentiert, dass gerade in demokratischer Hinsicht nicht die Suche nach dem „wahren Volkswillen“, sondern nach wie vor die Gewährleistung der Menschen- bzw. Grundrechte der Einzelnen und insbesondere der Minderheiten von zentraler Bedeutung sein soll. In view of the spread of right-wing populism in recent years, the question as to how the will of the people is to be ascertained and expressed has attracted much attention in constitutional scholarship. In particular, the issue of whether or to what extent the parliament is (still) capable of representing and demonstrating the will of the people has been repeatedly discussed and debated. Through a comparative analysis of Böckenförde’s und Kelsen’s democratic theories, this article critically examines the problems of the widespread understanding of the will of the people as a real-empirical existence and its significance for the realization of democracy. Accordingly, it points out why and in what sense the reference to the so-called real will of the people would undermine rather than promote democracy. This article concludes by arguing that, precisely for the sake of democracy, what is crucial is not to determine what the “real will of the people” is, but rather to guarantee the freedom of the individual and especially of the minorities.


2021 ◽  
Vol 28 (2) ◽  
pp. 351-366
Author(s):  
Rajeev Ranjan Kumar ◽  
Muhammad Rizwan

Abstract Indian Prime Minister Narendra Modi is a controversial figure and has polarised public debate for over a decade. He is criticised for the decline in growth rate and increase in unemployment rate. It has been five years since the Modi-led Bhartiya Janata Party (bjp) came to power, so analysing the economic performance and extremist religious behaviour of the Modi-led bjp/rss (Rastriya Sevak Sangh) is interesting. This article discusses the non-conventional views on the economic performance of the government in India, and the ideology of Hindutva and hatred towards religious minorities. This deep-rooted hatred of religious minorities and the lower caste is the core philosophy of Hindutva and is followed by the bjp and rss. Under the shadow of the rss, the Modi government has focused on Hindutva rather than the economy and the people, which has been the most important factor in the economic decline of India.


2018 ◽  
Vol 16 (2) ◽  
pp. 248-265
Author(s):  
Dwi Rini Sovia Firdaus ◽  
Djuara Lubis ◽  
Endriatmo Soetarto ◽  
Djoko Susanto

The people of West Sumatra, who have been adhering to the Minangkabau matrilineal cultural tradition, are currently experiencing cultural decay. Many studies speculate that the unique Minangkabau culture will not be too much disturbed by the influx of globalization because in essence the only part that will be eroded is the peripheral part, while the core will remain preserved for all time. This study photographed the people of Tanjung Raya District based on existing family typologies, then saw a shift in norms passed on to teenagers using the six Hofstede cultural dimensions. This study surveyed five types of families with calculations using a simple addition operation. The results of the questionnaire were made high and low criteria, then presented in cobweb graphical form. The assessment indicators are based on the six dimensions of Hofstede's culture. Shifting the teachings of exemplary teachings from Minangkabau culture is determined using the ANOVA test. The results of this study are to map the portrait of Minangkabau culture according to Hofstede and a portrait of each of Hofstede's dimensions in each type of family in Tanjung Raya District. From there, it can be seen how far away the approach of the values taught by the family towards Minangkabau culture is approaching.


2007 ◽  
Vol 06 (04) ◽  
pp. A01
Author(s):  
Santiago Langreo

After serving the community for seven years, the Science Museum of Castilla-La Mancha (MCCM) has decided to renew itself. In this context, a survey of the needs and expectations of the people to which the museum is dedicated plays a major role for the changes planned to prove successful. Teachers are among the main users of the museum, staying at the core of all teaching-learning processes, and play a role as mediators between science and students. This paper analyses the judgements made by teachers about various types of events and teaching resources which are normally provided by science museums and, more specifically, the Science Museum of Castilla-La Mancha. Against that backdrop, science (our content), education (our objective) and the democratic participation of teachers will show a clear route to follow if one wants to achieve quality for our institution and its future events.


Arsitektura ◽  
2017 ◽  
Vol 13 (2) ◽  
Author(s):  
Ria Nurul Fitri ◽  
Soedwiwahjono Soedwiwahjono ◽  
Rufia Andisetyana Putri

<p><em>Serang city is the Capital City of Banten Province. As the time goes by, the population increases and the poor people needs an access to have a home. There are two housing environments, which is called “simple healthy housing environment” to help the poor people ,which are Banten Indah Permai and Bumi Serang Timur, but the condition is the housing environments are lack of infrastructures and facilities. This problem makes a question how the suitability of simple healthy housing environment in Kota Serang is. The suitability study of simple healthy housing environment in Serang city is done by using scoring method analysis to count the suitability of the simple healthy housing environment standards as the output and perception of the people inside the housing environment as the outcome of this simple healthy housing environment. Descriptive comparative analysis is used also to know how output and outcome can match each other in the housing environment. Final scoring result obtained that Banten Indah Permai has been classified as suit in output because of the 58 score , but Bumi Serang Timur is not suit in output because it has 55 score. In outcome scoring, Banten Indah has been classified as suit in outcome for the 76,94 score, and also for Bumi Serang Timur has 75,68 for the outcome score. With comparative analyisis, this study also obtained that there are many infrastructure and facilities in housing environment which are not give the outcome as usual the housing environment gives.</em></p><p><strong><em> </em></strong></p><p><strong><em>Keywords:</em></strong><em> simple healthy housing, suitability,  scoring, environment, </em></p>


2020 ◽  
Vol 9 (S1-i2-Dec) ◽  
pp. 1-4
Author(s):  
K Premanand ◽  
M Kasirajan

The growth of technology has given the viability to media, which has emerged as ‘the third eye for humans to comprehend the world. The people are too dependent onthese technologies, where they have forgotten their real nature of life. Because of global surveillance, technology has become a double-edged sword, where individual privacy is been lost. Moreover, people have exchanged their precious gift of freedom for the technology, which has become the manacle that restrains them to the core these days. The media is used as a tool to manipulate the thought process of the people in this digital era. The politicians are using these strings to make the people as the puppets, they induce the thought within people and restrict them from thinking beyond. This paper attempts to study the effects of Global surveillance and Media manipulation through George Orwell’s 1984.


Bioethica ◽  
2016 ◽  
Vol 2 (2) ◽  
pp. 5
Author(s):  
Κωνσταντίνα Π. Μυλωνά - Γιαννακάκου (Konstantina Mylona-Giannakakou)

Regarding the issue of balance between environmental sustainability and the inherent ecological interventions of agricultural biotechnology, multiannual studies substantiate that loss of biodiversity, due to the use of GM crops, is globally less important than several other practices. Thus, what explains this diametrically extreme confrontation, from part of the scientific community? I presume, that the controversy is a philosophical one, and is expressed mainly by two contrasting materialistic approaches; the so called reductionist (or molecularist) view and the opposing holistic (or organismic) view, both of which, in their comparative analysis, prove, in my view, their incapability in definitely resolving such dilemmas.The first, as an anthropocentric approach, seems unsuccessful in building any concept of ecosystem integrity on the basis of moral duty while the second, as a biocentric approach, does not take into consideration the effects in human populations, and provides limited guidance with respect to the environments in which agriculture has already replaced the natural order. Norton’s concept provides a new perspective, since it recognizes the human duty to conduct agriculture, in a manner that supports survival for the people on this planet, while simultaneously it maintains the ecological dynamics that sustain life. Based on Norton’s “weak anthropocentrism”, we can be easily led to the “convergence” of policies, through a “contextualized” hierarchy of moral choices for the issues of agricultural biotechnology.


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