12. What Legitimises a National Constitution? On the Importance of International Embedding

2015 ◽  
pp. 322-343
Author(s):  
Matthias Hartwig
Keyword(s):  
National Constitution

scholarly journals The Dual Meanings of Artifacts: Public Culture, Food, and Government in the “What’s Cooking, Uncle Sam?” Exhibition

2021 ◽  
pp. 000276422110031
Author(s):  
Elizabeth A. Petre ◽  
David Haldane Lee
Keyword(s):  
Disease Control ◽  
Food Production ◽  
Health And Safety ◽  
Washington Dc ◽  
Consumer Health ◽  
National Archives ◽  
Industrial Food Production ◽  
The Government ◽  
National Constitution ◽  
Propaganda Posters

In 2011, “What’s Cooking, Uncle Sam? The Government’s Effect on the American Diet” (WCUS) was exhibited at the Lawrence F. O’Brien Gallery of the National Archives Building in Washington, DC. Afterward, it toured the country, visiting the Centers for Disease Control and Prevention’s (CDC) David J. Sencer Museum in Atlanta, the National Constitution Center in Philadelphia, and the Kansas Museum of History in Topeka. The exhibition website states that WCUS was “made possible” by candy corporation Mars, Incorporated. WCUS featured over a 100 artifacts tracing “the Government’s effect on what Americans eat.” Divided into four thematic sections (Farm, Factory, Kitchen, and Table), WCUS moves from agrarianism, through industrial food production and into mess halls, cafeterias, and individual kitchens. Photos, documents, news clippings, and colorful propaganda posters portray the government as a benevolent supporter of agriculture, feeder of soldiers and children, and protector of consumer health and safety. Visitors are positioned as citizens in an ideological mélange of paternalism and patriotism. In this rhetorical walk-through of the exhibition, we consider the display of archival materials for purposes of positioning, in consideration of past and present issues of diet and governance. Making explicit unstated assumptions, we claim that, although propagandistic artifacts take on different meanings to those viewing them decades later as memorabilia, they maintain their ideological flavor.

The Berlin Socialist Trials of 1896: An Examination of Civil Liberty in Wilhelmian Germany

1986 ◽  
Vol 19 (4) ◽  
pp. 323-342 ◽  
Author(s):  
Eleanor L. Turk
Keyword(s):  
Police Officers ◽  
Democratic Party ◽  
Civil Liberty ◽  
Social Democratic Party ◽  
Political Rights ◽  
Federal Law ◽  
Political Organizations ◽  
State Laws ◽  
Political Associations ◽  
National Constitution

Punctually at 8:00 A.M. on 26 November 1895, teams of police officers in Berlin began to search the homes of nearly eighty members of the Social Democratic Party, and the city offices of their organizations. These surprise raids, over by 10:00 a.m., were ordered by the Prussian Minister of Interior, Ernst Köller, to obtain evidence that the Socialist organizations had been working with one another to promote their political goals. In 1895 it was illegal in Prussia, and in most of the other states of the German Empire, for political associations of any kind to work together. Yet the evidence so efficiently confiscated on that gray November morning ultimately put not only the Socialists on trial, but government policy and the fundamental political rights of German citizens as well. Neither the national constitution nor the federal law codes provided protection for the rights of association or assembly at that time. In the absence of such guarantees, the political organizations had to cope with the particularities of the various state laws.

scholarly journals The Quest for Algerian Linguistic Independence

2020 ◽  
Author(s):  
Abdelhamid Bessaid
Keyword(s):  
Critical Phenomenon ◽  
Arabic Language ◽  
Language Of Instruction ◽  
Language Varieties ◽  
Political Independence ◽  
Colonization Period ◽  
National Constitution ◽  
New Generation ◽  
The Relationship ◽  
Classical Arabic

The paper focuses on the eternal conflict between the existing languages in Algeria as a whole, starting from Berber language varieties through Tamazight to Arabic, then French, and the struggling issue in the Algerian linguistic network. It also examines the existing relationship between the patterns of Arabic language in Algeria, since it was considered as a foreign language until 1947, chiefly through, highlighting the relationship between Classical Arabic among Algerian society, and the language policy (Arabization) pursued since wrenching independence and the linguistic repercussions of the colonization period on Algerian Arabic. In this respect, among other findings, a foremost issue raised to highlight such a critical phenomenon; and that later leads to question the different realities between the Algerian National Constitution and daily practices among users. In other words, the new generation speakers face a natural barrier communicating with post-independence schooled generation. In this sense, the former represents the 'Arabization' policy pursued in Algeria; whereas, the latter is 'francophone,' considering the linguistic as well as the sociolinguistic repercussions that might outcome such contact in a country famed by the use of French among its diplomats as a language of instruction and discourse, whether as a formal discourse or informal speech. The research methodology is based on early retrospect works to denote such cross- conflicting status raised as a significant issue. Finally, the study recommended a siné- qua- non question which is, when will Algerians put an end to the different linguistic situations inherited after gaining their political independence in 1962?

International Law and Colombian Constitutionalism: A Note on Monism

1942 ◽  
Vol 36 (4) ◽  
pp. 614-620
Author(s):  
William Marion Gibson
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Subject Matter ◽  
The Other ◽  
Legal Philosophy ◽  
State Practice ◽  
The Subject ◽  
National Constitution ◽  
Relationship Of ◽  
The Relationship

In explaining the nature of international law, each of the two major schools of thought draws upon legal philosophy and practice for evidence in support of its interpretation. It is not the purpose of this note to offer any conclusions or proofs as to the validity of the reasoning of one or the other of the two schools. It would require more than the subject-matter here considered to prove the “Monist” position, or to detract from that of the “Dualist.” However, inasmuch as state practice is one of the guides to the resolution of the debate on the nature of international law, it is hoped that an explanation of the attitude of the Colombian Supreme Court concerning the relationship of pacta to the national constitution and legislation of that state may merit mention.

Das PSPP-Urteil des Bundesverfassungsgerichts: Umfang der Übertragung von Souveränität und Überprüfung von Ermessensgebrauch

IG ◽  
2021 ◽  
Vol 44 (3) ◽  
pp. 220-226
Author(s):  
Achim-Rüdiger Börner
Keyword(s):  
Member State ◽  
Constitutional Court ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Federal Constitutional ◽  
National Constitution ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In its judgment of 5 May 2020, the German Federal Constitutional Court (FCC) has held that the Public Sector Purchase Programme (PSPP) of the European Central Bank (ECB), which started in 2015, and the relevant decision of the European Court of Justice (ECJ) of 11 December 2018, holding that the programme is compatible with European Union (EU) law, are ultra vires acts. Indeed, this decision is based on a French understanding of discretion which has previously been adopted in the European Treaties and according to which discretion is controlled only for undue, illegal influence. Today, the Treaties have adopted a review of discretion under the aspects of suitability, necessity, and appropriateness. Moreover, criticism at the decision of the FCC neglects that the accession to and the membership in the EU have to observe the thresholds of the respective national constitution, as its violation is not and may not be expected by the Union or any other Member State. Ultra vires acts of the Union, which remain uncorrected by the Union itself, are subject to disapproval and rejection by the constitutional court of any Member State.

الأحكام الإجرائية والموضوعية لانضمام فلسطين للمعاهدات الدولية

2018 ◽  
Vol 3 (2) ◽  
pp. 1-13
Author(s):  
Ahmed A. A. Shehab ◽  
Nurazmallail Marni
Keyword(s):  
Legal System ◽  
Comparative Method ◽  
Competent Authority ◽  
The State ◽  
International Treaties ◽  
International Treaty ◽  
Historical Method ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
National Constitution

The international treaties are among the most important sources of international law. Recent years have witnessed an exaggerated interest by the international community in the development of the international legal system through the legislation of treaties and the implementation of international commissions, bodies and non-governmental organizations. The State is no longer bound by the national Constitution and domestic legislations, but also by a series of international treaties and their obligations and responsibilities at the international and national levels. In order to ensure the validity of these procedures, the treaty requires the parties to regulate procedures for the accession to treaties within the national legal system and to determine the legal value of the international treaty in national law and the mechanism of integration and harmonization, whether by an independent law or by texting in the Constitution on the validity of the signing of treaties and its ratification. There is no doubt that the legal position in the Palestinian legislation is unclear regarding the procedural and substantive provisions of international treaties and their application in the legal system, compared to other laws that deal strictly with the legal organization of international treaties. This study aims at separating the procedural and substantive provisions of the accession to international treaties and their applications in the State of Palestine including the identification of the competent authority to sign the Convention, the mechanism for its ratification and the legal value accorded to the international treaty in Palestinian legislation by using the analytical descriptive method, the historical method, and the comparative method. تعد المعاهدات الدولية من أهم مصادر القانون الدولي، ولقد شهدت السنوات الأخيرة اهتماما مبالغا من المجتمع الدولي في تطوير المنظومة القانونية الدولية، من خلال تشريع المعاهدات وإعمال اللجان والهيئات الدولية، والمنظمات غير الحكومية، ولم تعد بذلك الدولة ملزمة بالدستور الوطني والتشريعات الداخلية فحسب، بل بمجموعة من المعاهدات الدولية أيضا،ً وما يترتب عليها من واجبات والتزامات ومسؤوليات على الصعيد الدولي والوطني. ولضمان صحة هذه الإجراءات توجب المعاهدة على الأطراف تنظيم إجراءات الانضمام المعاهدات ضمن المنظومة القانونية الوطنية وتحديد القيمة القانون للمعاهدة الدولية في القانون الوطني وآلية الإدماج والمواءمة، س واء بإصدار قانونٍ مستقل، أو النص في الدستور على صلاحية عقد المعاهدات والتوقيع والتصديق عليها. ولا شك أن الموقف القانوني في التشريع الفلسطيني يتسم بعدم الوضوح فيما يتعلق بالأحكام الإجرائية والموضوعية بإبرام المعاهدات الدولية وتطبيقها في النظام القانوني، مقارنة بقوانين أخرى تتناول بدقة التنظيم القانوني لإبرام المعاهدات الدولية، وتهدف هذه الدراسة لبيان الأحكام الإجرائية والموضوعية للانضمام للمعاهدات الدولية، وتطبيقاتها في دولة فلسطين بما يشمل تحديد السلطة المختصة بالتوقيع على الاتفاقية، وآلية التصديق عليها، والقيمة القانونية الممنوحة للمعاهدة الدولية في التشريعات الفلسطينية. وذلك باستخدام المنهج الوصفي التحليلي، والمنهج التاريخي، والمنهج المقارن.

ICT and Human Rights in Brazil

2014 ◽  
pp. 86-99
Author(s):  
José Rodrigues Filho
Keyword(s):  
Information Technology ◽  
Human Rights ◽  
Public Sector ◽  
Public Administration ◽  
Civil Liberties ◽  
Biometric Identification ◽  
Electronic Surveillance ◽  
The Public ◽  
Voting System ◽  
National Constitution

Since the end of military government in Brazil, civilian governments have sought the accumulation and exercise of power to the detriment of the citizenry. They have done this with a kind of totalitarianism that takes the form of digital or bureaucratic dictatorship. Since the 1990s, they have started to implement information technology in the public sector to regulate and run the country in a command-and-control way through technological or bureaucratic dictatorship rather democratic process. While it is evident that there is a high level of investment in information technology in the public sector (e-government) in Brazil, there are also clear signs of the violation of human rights in terms of privacy. These occur, for instance, when the public administration exercises the power to engage in a process of electronic surveillance without the supervision of the judiciary. It is alleged that thousands of individual files have been accessed in the public administration in Brazil, despite the privacy protection offered by the national constitution. In addition, there is a proliferation of biometric identification using faces, eyes, fingerprints, and other body parts, especially in the e-voting system. This chapter shows how information technology (e-government) in Brazil could lead to violations of human rights because of the proliferation of biometric identification in the e-voting system as well as other sorts of invisible electronic surveillance that are affecting civil liberties and individual rights, including privacy.

Republican Factionalism and the Problem of Disenfranchisement

2008 ◽  
pp. 333-348
Author(s):  
John Roy Lynch
Keyword(s):  
Republican Party ◽  
White Men ◽  
The South ◽  
Or Groups ◽  
National Constitution

This chapter explains that it was during the administration of President Benjamin Harrison that another effort was made to secure the enactment by Congress of the necessary legislation for the effective enforcement of the war amendments to the national Constitution—a federal elections bill. But the fact was soon developed that there were too many Republicans, in and out of Congress, who lacked the courage of their convictions to secure favorable action. In fact, there were three classes of white men at the South who claimed to be Republicans who used their influence to defeat that contemplated legislation. The white men at the South who acted with the Republican party at that time were divided into four classes or groups. Ultimately, the defeat or abandonment of the Lodge Federal Elections Bill was equivalent to a declaration that no further attempts would be made to enforce, by appropriate legislation, the war amendments to the national Constitution. Southern Democrats were not slow in taking advantage of the knowledge of that fact.

Europe

Dieter Grimm ◽  
2020 ◽  
pp. 155-160
Author(s):  
Dieter Grimm
Keyword(s):  
Jürgen Habermas ◽  
Constitutional Courts ◽  
European Constitution ◽  
Jurgen Habermas ◽  
National Constitution ◽  
The Impact ◽  
The Eu

The chapter deals with the impact of European interpretation on the national constitution and the national constitutional courts. It reflects Dieter Grimm’s position on a European constitution, his controversy with Jürgen Habermas, his thesis of the “over-constitutionalization” of the EU as one of the most important, but at least noticed causes of the diminishing acceptance of the EU.

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