scholarly journals El artículo 53 de la Constitución Española de 1978: esquema de la evolución y del estado de situación de sus instrumentos de reconocimiento y garantía de las libertades y derechos fundamentales (1978-2017) // Article 53 of the Spanish Constitution of 1978: outline of the evolution and the situation of their instruments for the guarantee of the Fundamental Rights (1978-2017)

2017 ◽  
Vol 1 (100) ◽  
pp. 1099
Author(s):  
Alberto Oehling de los Reyes
Keyword(s):  
Fundamental Rights ◽  
Practical Realization ◽  
Public Authorities ◽  
The Public ◽  
Constitutional Protection ◽  
The Core ◽  
Spanish Constitution ◽  
Core Content ◽  
The Social ◽  
Practical Reality

Resumen:El artículo 53 de la Constitución española recoge tres cuestiones básicas: en primer lugar, determina que los derechos y libertades vinculan a todo el poder público; en segundo lugar, determina la protección constitucional y judicial de los derechos y libertades y de los derechos fundamentales; en tercer lugar, reconoce los principios rectores de la política social y económica. En este artículo se analizan estos preceptos y conceptos constitucionales, pero también se estudia su desarrollo legislativo desde 1978 y la realidad práctica hasta el día de hoy. En el artículo también se hace análisis de algunas incoherencias de la jurisprudencia del Tribunal Constitucional en materias fundamentales del artículo 53 de la Constitución española de 1978. La intención es dar una visión de conjunto del artículo 53 de la Constitución desde 1978 hasta hoy.Summary:1. Introduction. 2. The structure of the practical realization of the article 53. 3. Preconditions of the legislation of the rights and freedoms and fundamental rights: 3.1 The principle of subjection and legally binding of all public authorities. 3.2 The principle of legal reserve. 3.3 The core content of the rights and freedoms. 4. The preferred procedure and ordinary summary of the article 53: 4.1 Outline of evolution and situation of the preferred procedure and summary inthe jurisdictional divisions. 4.2 About the protection of fundamental rights with procedural nature. 5. The remedy of amparo in the context of the article 53.2. 6. Approximation to the practical sense of the principles recognized in Chapter III Title I.Abstract:The article 53 of the Spanish Constitution specifies three basic issues: First, determines that the rights and liberties link all the public authorities; Secondly, determines the judicial and constitutional protection of the rights and freedoms and fundamental rights in Spain; Thirdly, recognizes the guiding principles of the social and economic policy. In this article are analysed these constitutional provisions and concepts, but also is studied their legislative development since 1978 and the practical reality until the present day. In the article are also analysed some inconsistencies in the jurisprudence of the SpanishConstitutional Court on fundamental issues about the article 53 of the Spanish Constitution of 1978. The intention is to give an overview of the article 53 of the Constitution from 1978 until today.

scholarly journals La tutela constitucional de las personas con discapacidad // The constitutional protection of persons with disabilities

2017 ◽  
Vol 1 (100) ◽  
pp. 1027
Author(s):  
Héctor Álvarez García
Keyword(s):  
Constitutional Court ◽  
Public Authorities ◽  
Persons With Disabilities ◽  
International Convention ◽  
Constitutional Protection ◽  
Spanish Constitution ◽  
Universal Accessibility ◽  
The Social ◽  
Free Development ◽  
The Will

Resumen:El trabajo principia con un recorrido histórico por los distintos modelos implementados por los poderes públicos para abordar el fenómenode la discapacidad, que culmina con el paradigma mixto —médico y social— plasmado en la Constitución española de 1978. El artículo interpreta las «normas de contenido social» de la Constitución, a la luz del Convenio Internacional sobre los Derechos de las Personas con Discapacidad y de la doctrina del Tribunal Constitucional, al objeto de determinar el contenido y alcance de la tutela constitucional de la capacidad de obrar de las personas con discapacidad, imprescindible para garantizar el libre desarrollo de la personalidad a este numeroso grupo de ciudadanos, cuyas vidas han sido tradicionalmente gobernadas por la voluntad ajena, cuando no directamenteprivados de libertad mediante su institucionalización.Summary:1. Historical paradigms. 1.1 Eugenic. 1.2 Medical. 1.3. Social. 2. The constitutional model. 3. The exercise of rights. 3.1 Introduction. 3.2 The International Convention on the Rights of Persons with Disabilities. 3.3 Equal legal capacity. 3.4 Universal accessibility. 4. Bibliography.Abstract:The work begins with an historical journey through the different models implemented by public authorities to address the phenomenon of disability. This journey culminates with the mixed paradigm —medical and social— embodied in the Spanish Constitution of 1978. The article interprets the «social protections norms» of the Constitution, in the light of the International Convention on the Rights of Persons with Disabilities and the doctrine of the Constitutional Court, in order to determine the content and scope of constitutional protection of the capacity to act of persons with disabilities. This is essential to ensure the free development of the personality of this large group of citizens, whose lives have traditionally been governed by the will of others, if not been directly deprived of their liberty through their institutionalization.

scholarly journals Oil Exploitation and Constitutional Protection of the Environment in Chad

2019 ◽  
Vol 7 (5) ◽  
Author(s):  
Didegomi Dar
Keyword(s):  
Environmental Protection ◽  
Direct Effect ◽  
Environmental Law ◽  
Fundamental Rights ◽  
Real Problem ◽  
Public Authorities ◽  
The Public ◽  
Constitutional Protection ◽  
Oil Exploitation ◽  
The Right

The study on oil exploitation and constitutional protection of the environment in Chad aims to show that despite the constitutional consideration of fundamental rights to the environment, environmental protection remains problematic. This is because the constitutional texts of protections are often ambiguous, incomplete, scattered and derisory. Also, the fact that environmental law is part of the rights-claims which in general are only addressed to the attention of the public authorities, poses a real problem as to its justiciability. Therefore, the right to the environment does not enjoy the same degree of jurisdictional protection as other rights. As a result, they often have no direct effect. Thus, in the oil exploitation framework, the environmental protection offered by the Chadian constitution, could only be insufficient except recourse to the activation of the ordinary ways of right.

scholarly journals The Social Oikos

2021 ◽  
Vol 7 (1) ◽  
pp. 20-32
Author(s):  
Michael Lee Humphrey
Keyword(s):  
United States ◽  
The United States ◽  
The Self ◽  
Ancient World ◽  
Public And Private ◽  
The Public ◽  
The Core ◽  
The Social ◽  
Nuanced Understanding ◽  
Core Points

In one of the foundational articles of persona studies, Marshall and Barbour (2015) look to Hannah Arendt for development of a key concept within the larger persona framework: “Arendt saw the need to construct clear and separate public and private identities. What can be discerned from this understanding of the public and the private is a nuanced sense of the significance of persona: the presentation of the self for public comportment and expression” (2015, p. 3). But as far back as the ancient world from which Arendt draws her insights, the affordance of persona was not evenly distributed. As Gines (2014) argues, the realm of the household, oikos, was a space of subjugation of those who were forced to be “private,” tending to the necessities of life, while others were privileged with life in the public at their expense. To demonstrate the core points of this essay, I use textual analysis of a YouTube family vlog, featuring a Black mother in the United States, whose persona rapidly changed after she and her White husband divorced. By critically examining Arendt’s concepts around public, private, and social, a more nuanced understanding of how personas are formed in unjust cultures can help us theorize persona studies in more egalitarian and robust ways.

scholarly journals Procedural features of consideration of social cases in the administrative court of first instance

2020 ◽  
pp. 49-59
Author(s):  
Vasyl Ilkov
Keyword(s):  
Key Words ◽  
Social Function ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
High Figure ◽  
Administrative Courts ◽  
Administrative Code ◽  
Court Of First Instance

The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.

Conditions and prospects for cooperation between Polish and Ukrainian local governments

2021 ◽  
Vol 19 (4) ◽  
pp. 221-241
Author(s):  
Mariusz W. Sienkiewicz
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Economic Life ◽  
The European Union ◽  
Public Authorities ◽  
The Public ◽  
Political Transformations ◽  
The Social ◽  
Common Goals ◽  
The Eu

The fact that Poland and Ukraine share a border, the convergence of the political goals of the peoples of both countries, and the constant efforts towards the development of democracy and decentralisation of public life determine the need to intensify cooperation in various areas of the functioning of society and the economy. An important sphere of cooperation is the public sector, in particular at the level of local government. The local government cooperation of both countries was already visible at the beginning of the social and political transformations after 1990. The development of this cooperation, with varying results, took place in the 1990s and, to an even greater extent, after Poland’s accession to the European Union. In the last three decades, local and regional communities in Ukraine have become an important partner for Polish local governments, both at the local and regional levels. The local government cooperation that has been implemented is based on the diversification and multidimensionality of forms and models. Some result from legal regulations, while others are based on mutual experiences, previous contacts, and sympathies of public authorities. The aim of the study is to analyse and present the conditions and forms of Polish-Ukrainian local government cooperation. The aim is also to show the barriers to cooperation and to define proposed solutions to improve partner contacts of territorial units. The local government cooperation of the two countries is undoubtedly hindered by the fact that Ukraine is not a member of the EU, and often by mutual misunderstanding and non-acceptance of historical experiences. On the other hand, common goals at different levels of social, public, and economic life are a significant factor motivating parties to increase cooperation and achieve a synergistic effect thanks to it.

Zwierzynski v. Poland

2001 ◽  
Vol 12 (5-6) ◽  
pp. 367-370
Keyword(s):  
Moral Obligation ◽  
The State ◽  
Fundamental Rights ◽  
Public Order ◽  
General Interest ◽  
Public Authorities ◽  
The Public ◽  
The Guardian ◽  
Fair Balance

Any interference with the protection of property had to strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The requisite balance would not be struck where the person concerned bore an individual and excessive burden. Where an issue in the general interest was at stake it was incumbent on the public authorities to act in an appropriate manner and with utmost consistency. In addition, the State, as the guardian of public order, had a moral obligation to lead by example and it had a duty to ensure that its organs charged with the protection of public order enforced observance of that obligation.

What Is the Social Responsibility of Social Scientists to Influence National Security Affairs?

2020 ◽  
pp. 0095327X2091718
Author(s):  
Yagil Levy
Keyword(s):  
National Security ◽  
Security Studies ◽  
Policy Recommendations ◽  
Relevant Research ◽  
Social Scientists ◽  
Critical Sociology ◽  
The Public ◽  
The Core ◽  
The Social ◽  
Security Affairs

Mainstream scholars of IR favor policy-relevant research, that is the agenda to influence government policymakers by offering policy recommendations. In this article, I offer a different perspective by presenting alternative arguments about social scientists’ responsibility to influence. By drawing on themes of public sociology and critical sociology, security studies and public policy, I argue that the core of this responsibility is to seek to influence policy via engagement with the public rather than with policymakers.

scholarly journals Public Services between the Citizen’s Need and the Possibilities of the Administration

2018 ◽  
Vol 9 (2) ◽  
pp. 23-34
Author(s):  
Adriana Grigorescu
Keyword(s):  
Public Services ◽  
Living Environment ◽  
General Interest ◽  
Public Authorities ◽  
The Public ◽  
Financial Strength ◽  
The Social ◽  
Public Resources ◽  
Services Of General Interest

Abstract This paper aims at the balance between the citizen and the public authorities with public services as an interface. Public services place themselves at the crossroads of many elements such as: needs of the citizen, social need, public will, public resources, private availability, and civic sense. Without claiming to have identified all factors that converge to defining / structuring the public services (PS) / services of general interest (SGI), the paper tried to highlight some of the most important. The social need is covered at the macro level and it represents what society - as a whole - needs. Citizens’ needs are more specific, individualized and custom-designed, rundown by gender, age, education, social condition, financial strength, religion, living environment etc. The public will is an expression of what the Administration encompasses in mid- and long-term national strategies and addresses in detail the PS / SGI in sectorial policies where responsibility is assumed. Public resources include in our assessment all resources at the disposal of the Administration at some point. Private availability can be expressed through various forms such as public-private partnerships, development of complementary private sponsorships, donations etc. A balanced public service can also benefit of citizens’ civic sense. Even if they are completely satisfied with the services at hand they understand that it would be without sense to unnecessary ask for them just only because it’s free.

scholarly journals Od demokracji bezpośredniej do rządów zgromadzenia? Rousseau i problemy republikańskiego konstytucjonalizmu

2018 ◽  
Vol 69 (1) ◽  
pp. 193-210
Author(s):  
Rafał Lis
Keyword(s):  
Social Contract ◽  
Direct Democracy ◽  
Popular Sovereignty ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
Emergency Measure ◽  
The Government ◽  
Direct Government ◽  
The Relationship

The following article considers the problems connected with the relationship between the principles of the direct democracy and the gouvernement d’assemblée. The values contemporarily ascribed to these principles are often counted among different, sometimes even opposing, traditions of republican constitutionalism. However, the proposed analysis of Rousseau’s thought suggests that the general intellectual tendencies that are attributedto both systems might originally have had a lot in common. Furthermore, they embody the two different republican ways of implementing the very ideas of popular sovereignty and the accountability of the public authorities to the citizens. The undertaken juxtaposition of the contents of the Social Contract and of the Considerations on the Government of Poland may even point to an evolution of Rousseau’s stance. It can be discerned especiallyin the approval in the second work, which pertained to one of the largest European states of that time, as it conveys the need to shift the responsibility for law-making to the assembly of deputies (the Sejm). The proposition of transferring this responsibility to a quasi-representative body corresponds perfectly with the warnings against the abuses of an unchecked executive, which are equally stringent in the Social Contract. This actuallydenoted that Rousseau was ready to accept some sort of gouvernement d’assemblée in large states. In the end however, it did not mark a departure from the ideals of the direct government, especially after taking into consideration Rousseau’s extraordinary appreciation of the institutions of deputy directives and – treated already as an emergency measure – confederation.

scholarly journals Simpler Machine Learning Using Spreadsheets: Neural Network Predict

2020 ◽  
Vol 4 (1) ◽  
pp. 124
Author(s):  
Leong Thin-Yin ◽  
Leong Yonghui Jonathan
Keyword(s):  
Social Sciences ◽  
Neural Network ◽  
Machine Learning ◽  
Business Analytics ◽  
The Core ◽  
Core Content ◽  
The Social ◽  
Business Application ◽  
Recursive Computation ◽  
Sales Pitch

Machine Learning as a phenomenon has gone viral, with many technologists and software vendors promoting it. However, offered tools remain highly technical and not accessible to those without rigorous training in Computer Science or Business Analytics. It would be more useful if end-users can understand it beyond the sales pitch or blind application, and perhaps, even work from scratch to build simple models without much additional training. With better assimilation and acceptance of this AI methodology as an acquired skill and not just head knowledge, many more may want to invest the intensive effort to learn the required tough mathematics and cryptic programming. Or, after simple trial explorations, be willing to put aside substantial budgets to employ skilled professionals for full-scale business application. With simplicity and accessibility in mind, this paper renders Neural Network, a key machine learning methodology, on the ubiquitous and easily comprehensible spreadsheet without macros or add-ins, employing only elementary operations and if so desired, optionally leveraging on its built-in Solver. We will show that backpropagation can be achieved using the elegant though obscure recursive computation feature, with no need for Solver. We will demonstrate the application of neural network on a familiar problem: early and prior prediction of students’ graduation GPA. The paper can be used to form the core content for introducing machine learning to non-technical audiences, particularly those majoring in Business and the Social Sciences.

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