1,721,927 research outputs found
A material understanding of constitutional changes. Revisiting ‘constitutional maintenance’ doctrines
No full textThe chapter applies the concept of the material constitution to discuss theories of “constitutional maintenance”, elaborated in continental Europe to explain cases of limited and substantively guided amendments to the text of the constitution, by examining both the case law and the doctrinal debates in selected jurisdictions (including Italy, Germany and Portugal). Indeed, theories of constitutional maintenance interact with the concept of material constitution in two ways: a) they support arguments for the preservation of the essential content of the constitutional setting, which is in turn identified with the material constitution; b) they claim the need to reduce the distance between the formal and the material constitution, by supporting the incorporation of those (even marginal) changes of the material constitution that have been accepted and metabolised by the political community. The author argues that constitutional maintenance doctrines indicate that the notion of material constitution is capable of explaining the constitutional practice of some European jurisdiction. Nevertheless, some confusion on both its meaning and implication persists and suggest the need to further develop the scholarly discussion on the topic
The reconstitution of postwar Europe: liberal excesses, democratic deficiencies
No full textConstitutionalism Beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings. Combines theoretical and comparative constitutional analysis, putting together two sets of discourses that are usually separate, enabling theory and practice to be mutually enhanced Theoretically comparative, providing the reader with a better understanding of the possibilities of constitutionalism Geographically comparative, enabling the reader to see how constitutional theory can transcend national and cultural differences
On the limits of constitutional liberalism: in search of constitutional reflexivity
No full textConstitutionalism Beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings. Combines theoretical and comparative constitutional analysis, putting together two sets of discourses that are usually separate, enabling theory and practice to be mutually enhanced Theoretically comparative, providing the reader with a better understanding of the possibilities of constitutionalism Geographically comparative, enabling the reader to see how constitutional theory can transcend national and cultural differences
The tradition of the material constitution in Western Marxism
No full textThe aims of this chapter are, first, to track the development of the notion of the material constitution in selected authors associated with Western Marxism and, second, to explain its intermittent presence in the Marxist canon. The chapter focuses on four turning points in the social and intellectual history of the material constitution: its Marxist origins in the second half of the nineteenth century (Karl Marx and Ferdinand Lassalle, who coined the term); the crucial years of the Soviet revolution and the First World War (Vladimir Lenin and Rosa Luxemburg); the interwar period (Antonio Gramsci); and the tail end of the twentieth century (Étienne Balibar and Antonio Negri). At each turning point, a certain slack between the concrete constitutional order and the codified or written constitution has pushed scholars to revisit the material constitution. Although the chapter registers the decline of interest in the material constitution after the Second World War, it also underscores that the series of crises over the last two decades have again pushed the notion to the centre stage of constitutional enquiry. The chapter thus highlights the insight offered by these authors for understanding the material constitution in the twenty-first century
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe 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
Get PDF“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
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