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Introduction
No full textThe chapters in this volume demonstrate that comparative constitutional history holds considerable promise for engaging and innovative work along several key avenues of inquiry, namely the origins and design of constitutional governments, the evolution of the principle of separation of powers, as well as the origins and role of supreme and constitutional courts
New Book by Jason Mazzone on Copyfraud
No full texthttp://www.copyfraud.com Copyfraud and Other Abuses of Intellectual Property Law is a path-breaking book that will change the way we think about making—and using—music, movies, art, fiction and every other kind of creative work in the twenty-first century. Jason Mazzone argues that intellectual property law in the United States is on the verge of breakdown and needs to be reformed—but not for the reasons given by most critics. Most Americans are familiar with the problems of illicit downloadi..
Comparative Constitutional History. Volume Two: Uses of History in Constitutional Adjudication
No full textConstitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases
The Separation of Powers and Forms of Government in the MENA Region following the “Arab Spring”: A Break with the Past?
No full textThis chapter examines the separation of powers and forms of government in North Africa and the Middle East following the “Arab Spring” and shows that most Arab constitutions still guarantee (albeit to a lesser extent than in the past) an extremely high concentration of power in the hands of the Head of State, thus favouring the continuation in office of illiberal regimes. This weak separation of powers is due to different reasons, including the constitutional tradition, the top-down constitution-making processes and the external influences. The only notable exception (at least for the moment) is Tunisia, which is already at an advanced stage in the process of democratization
Introduction
No full textThree chapters (Part 1— Framing the Problem) set the stage with close consideration
of the roles and limits of history in constitutional adjudication. The next two chapters (Part 2— Historical Precedents and Inter- Constitutional Interpretation) offer a close analysis of courts engaging with legally authoritative sources from the past. Three chapters (Part 3— A Matter of Narratives) explore uses of historical materials and narratives by courts in individual countries. The final two chapters (Part 4— New Democracies and Illiberal Regimes) in the volume concern the role of history in constitutional adjudication in new democracies and illiberal political regimes
Comparative Constitutional History. Volume 1: Principles, Developments, Challenges
No full textWhile comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume, edited by Francesco Biagi, Justin O. Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. The essays contained in this volume focus on the origins and design of constitutional governments and the sources that have impacted the ways in which constitutional systems began and developed, the evolution of the principle of separation of powers among branches of government, as well as the origins, role and function of constitutional and supreme courts
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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