A Discriminação Inversa pelo Contributo de Dworkin

The purpose of this paper is to reconstruct Ronald Dworkin’s arguments about affirmative action applied by Universities, policies as measures capable of diminishing long-term racial awareness as a factor of negative discrimination, and to effectively fulfill human dignity in its collective dimension, in the face to concrete cases before the Northern Supreme Court-American. This is an explanatory research, in which we intend to answer questions related to the efficiency in the practical applicability and legality of reverse discrimination measures, before a Constitutional Rule of Law, that is willing to protect and guarantee the right to equality, not only through as a jurisprudential analysis.

Bangabandhu Sheikh Mujibur Rahman in the Formation of War-torn Bangladesh

The main consciousness of the Pakistan movement was the economy. At least in the case of Bengal, it was truer. At one stage the religion movement became stronger when it was associated with religion. In the context of which Pakistan was established with the sacrifice and support of the people of Bengal. But the continued absence of democracy and constitutional rule in Pakistan complicates the situation. The people of Bengal joined the movement under the leadership of Bangabandhu to change the situation. Forced to do so, the Pakistani authorities held the first general election in 1970. In the election, the popular political party of Bengalis, Awami League, won a single majority. Even after the Awami League gained a single majority, the Pakistani authorities did not hand over-power. As a result, Bangabandhu declared the independence of Bangladesh. Bangladesh gained independence after a long nine-month war. At the end of the war, Bangabandhu took over the responsibility of the head of state and devoted himself to the formation of the country. In the present article, Bangabandhu's various steps in the formation of war-torn Bangladesh have been explored.

constitutional inflation

One of the methods that the authority uses to empty the constitutional text of its content and prevent it from achieving its goal is its resort to the two phenomena of “constitutional inflation” in sites that the nation does not need, and “constitutional failure” in sites that are expected from the text to protect public rights and freedoms or prevent an authority from overpowering the rest of the authorities. This is how the authority did in the Syrian constitution of 2012. It resorted to both phenomena together to achieve its goal of using the constitution as a tool and not as a control of the authority’s work. If legislative inflation is clear to legal jurisprudence, constitutional inflation is shrouded in ambiguity, so it resorted to a procedural definition of the research paper and considered every constitutional rule that does not bear the status of binding as a type of inflation. then I applied this definition to the general principles contained in the Syrian constitution in 32 articles, unlike democratic constitutions, which are shortened to articles regulating the general principles of the state. It became clear to me that only five articles are binding and the rest are non-binding guiding articles that are not suitable for reliance on judicial review. I have studied the rule (Islamic jurisprudence is a major source of legislation) in Syria and Egypt, and it has become clear to me that the authority intends to put it into place as a kind of distraction from paying attention to the rest of the constitution’s rules regulating public liberties and powers, even though the constitutional doctrine considers them to be non-binding. The struggle between the components of the people is still going on when drafting any constitution on general principles, most of which do not carry legal value.

Sweden’s Collective Defence Obligations or this is Not a Collective Defence Pact (or Is It?): Considerations of International and Constitutional Law

This article analyses the content of the mutual defence obligation contained in the EU Treaty Article 42(7) in relation to the Swedish constitutional rule on the sending of armed forces abroad and the emerging ’deepened defence cooperation’ between Sweden and Finland. The article tries to understand the prevailing Swedish position in legal terms and suggests an alternative flexible way on Sweden’s part of conceiving the binding force of Article 42(7). The question is whether the EU Treaty contains an international obligation of a quality to activate a provision in the Swedish Constitution entitling the government to decide on its own, without having to seek the otherwise necessary approval by Parliament, to send Swedish armed forces to other countries for instance on a mission of collective self-defence. The possibility of looking at the EU Treaty and the Swedish Instrument of Government in this way is not considered in any of the Swedish official inquiries into the Swedish security and defence policy of which there have been quite a few recently.

Staatliche Bezirksbehörden nach 1848. Knotenpunkte der "unmittelbarsten Beziehungen" von Staat und Bevölkerung

District Administration by the State after 1848. The Nexus of the “Most Immediate Relations” between the State and the Population. With the abolition of the manorial system in 1848, the Habsburg state was forced to create its own network of local administrative institutions. This project mobilised huge quantities of both personnel and material resources, and eventually affected the everyday lives of the entire population. In Michael Mann’s terms, it intensified the previously thin, extensive power of the state. On the surface, it sought to strengthen the despotic power of the state, but at the same time, it had to rely on manifold contributions by local actors, who were compensated not only with increasing benefits, but also with opportunities to participate in governance. While the neo-absolutist attempt to replace constitutional rule with paternalist bureaucracy failed, it created structures that would remain fundamental to state-building until the end of the Monarchy and beyond.

National identity as a path towards the compatibility of the opposite standpoints

Both the unconditional primacy of the EU law (even over all the national constitutional norms), and the supremacy of any national constitutional rule over EU law, couldn’t be considered as a solution to the accommodation of the constructive interaction between two autonomous legal systems. The pluralistic models come up with a solid explanation on how legal systems interact. However, they fail to provide a solution when it comes to the potential collision of the EU and national constitutional norms. In the last decade, discourse on the notion of national identity has been developing. This concept could be a viable approach in resolving situations (as researched in this article2) bordering on conflict in the pluralistic models.

POLÍTICAS PÚBLICAS COMO EFETIVAÇÃO DA TUTELA CONSTITUCIONAL DO DIREITO À EDUCAÇÃO

Este artigo aborda aspectos do Direito à Educação preceituado no ordenamento jurídico brasileiro, especialmente, no tratamento consagrado na norma constitucional, disposto na CRFB/1988, sobretudo na importância atribuída ao tema caracterizando-o como um Direito Social, de grande relevância para a Sociedade e Estado. Procura-se demonstrar a superioridade das normas constitucionais em relação às demais normas do ordenamento jurídico e a abordagem do texto constitucional acerca da Educação. A Educação por ser o direito que contribui para o crescimento intelectual, social e cultural do indivíduo, foi alçada ao nível de norma constitucional. Sua importância é de tamanha relevância que foi caracterizada como direito social e apresenta uma seção específica dos artigos 205 ao 214. O direito a educação, encontra guarida nas ações do Estado, nos três níveis (união, estado e municípios) através de Políticas Públicas criadas com a intenção de fortalecer esse direito. Palavras-Chave: Norma Constitucional. Direito à Educação. Políticas Públicas. Abstract This article addresses aspects of the Right to Education prescribed in the Brazilian legal system, especially in the treatment enshrined in the constitutional rule, provided for in Constitution of 1988, above all in the importance attributed to the theme, characterizing it as a Social Law, of great relevance to Society and State. It seeks to demonstrate the superiority of the constitutional rules in relation to the other norms of the legal system and the approach of the constitutional text about Education. Education, being the right that contributes to the individual's intellectual, social and cultural growth, was raised to the level of constitutional norm. Its importance is of such relevance that it was characterized as a social right and presents a specific section of articles 205 to 214. The right to education, finds shelter in the actions of the State, at the three levels (union, state and municipalities) through Public Policies created with the intention of strengthening this right. Keywords: Constitutional Norm. Right to education. Public policy

Schedule

This chapter discusses the “Schedule” of the Colorado Constitution. Transition to statehood required that territorial institutions and law be retained until expressly replaced. At the end of the original constitution, twenty-two sections under the heading of Schedule detailed how the transition should work. Although almost entirely obsolete, none has been repealed. Schedule Section 1 was invoked by enterprising defense lawyers in efforts to get their clients off on a technicality. At least one succeeded. Section 20, requiring that presidential electors “be chosen by direct vote of the people,” could be read as obsolete or as a continuing constitutional rule. It is the only section with possible relevance to a current dispute.

Conclusion

If the politics of prudent diffidence and the restoration of political balance, civil association, and limited constitutional rule, proves incapable of recovering political conduct under contingent conditions, what alternative dispositions might mould the contours of our post historical future? This chapter concludes the book by examining how historically body politics have died from a variety of internal and external distempers and how this might be Europe’s fate. It further considers how a brave new artificially intelligent world might organize new liberal and illiberal progressive futures either through a digitally administered party state like China or Singapore or what Silicon Valley envisages as an algorithmically managed, digital oligarchy that renders individual autonomy and democracy redundant. Both envisage a technocratically managed future where AI caters to and defines the needs of a dependent citizen body eking out its days in either a distracted or opiated stupor. Both forms of technocratic rationalism represent the antithesis of the understanding of civil society as a local and contingent compact between the dead, the living, and the yet to be born.