Rights in Search of Protection†

2020 ◽  
Vol 40 (2) ◽  
pp. 403-423
Author(s):  
Jacob Weinrib
Keyword(s):  
Review Article ◽  
Democratic Governance ◽  
Fundamental Rights ◽  
The Other ◽  
Legislative Power ◽  
Other Hand ◽  
Institutional Resources ◽  
The One

Abstract In Where Our Protection Lies, Dimitrios Kyritsis develops an innovative constitutional framework that aims to reconcile two commitments: democratic governance and the protection of fundamental rights. This review article argues that the reconciliation fails to provide fundamental rights with meaningful protection. On the one hand, the framework’s moral resources hollow out the duties that rights impose on legislatures. Instead of protecting persons from the abusive exercise of legislative power, the framework narrows what constitutes abuse. On the other hand, the framework’s institutional resources leave persons without the means of vindicating their rights. What Kyritsis terms protection consists in the ongoing susceptibility to the violation of one’s fundamental rights.

scholarly journals Opinions on the Legal Significance of the Right to Health

2021 ◽  
Vol 27 (2) ◽  
pp. 116-120
Author(s):  
Teodora Aurelia Drăghici ◽  
Gabriel Cătălin Predescu
Keyword(s):  
Health Care ◽  
Rule Of Law ◽  
Right To Health ◽  
Fundamental Rights ◽  
The Other ◽  
The Rule Of Law ◽  
Right To Health Care ◽  
Other Hand ◽  
The One ◽  
The Right

Abstract The legal significance of the right to health care, in particular and of other fundamental rights in general, on the one hand unknown to citizens and on the other hand known, minimized or ignored by state authorities and institutions, will certainly lead to abuses of law coming from the latter, abuses that cannot be tolerated by the rule of law.

Methods of Interpreting Competence Norms: Judicial Allocation of Powers in a Comparative Perspective

2013 ◽  
Vol 14 (8) ◽  
pp. 1501-1521 ◽  
Author(s):  
Maribel González Pascual
Keyword(s):  
Fundamental Rights ◽  
The Other ◽  
Comparative Perspective ◽  
The Political ◽  
Federal System ◽  
Other Hand ◽  
The One ◽  
Constitutional Analysis ◽  
Political Compromises

The comparative constitutional analysis of federalism is particularly complex. On the one hand, “[e]ach federal bargain is in important respects unique to the parties' situation,” in contrast to constitutional provisions asserted to guarantee fundamental rights. On the other hand, “provisions concerning federalism may have different historical meanings in a particular polity, tied in different ways to the political compromises.” In addition, the federal system relies on an “interrelated package of arrangements.” Therefore, no element should be considered isolated from other elements of the federal compromise. As a consequence, in order to compare federalism issues it may be necessary to evaluate “the entire interrelated structure.”

scholarly journals The Atmosphere of Democracy: Knowledge and Political Action

2020 ◽  
pp. 69-91
Author(s):  
Nico Stehr
Keyword(s):  
Climate Change ◽  
Political Action ◽  
Democratic Governance ◽  
Behavioral Changes ◽  
The Other ◽  
Other Hand ◽  
The One ◽  
The Relationship

AbstractThe leading scientists debating climate change increasingly view the relationship between knowledge and governance as an “inconvenient democracy.” On the one hand, the discrepancy between the knowledge of climate change and citizens’ commitments to behavioral changes amounts to the diagnosis of an “inconvenient mind”; on the other hand, the inertia of policies to capture progress in knowledge leads to the diagnosis of “inconvenient institutions.” The sense of political ineffectiveness felt especially among climate scientists provokes a strong disenchantment with democratic governance. As a result, some scientists propose that political action based on principles of democratic governance be abandoned. In my article, I argue that such a view is mistaken.

scholarly journals REFLEKSI TERHADAP HUBUNGAN LEGISLASI: DEWAN PERWAKILAN RAKYAT DAN DEWAN PERWAKILAN DAERAH

2019 ◽  
Vol 24 (2) ◽  
pp. 15
Author(s):  
Iswan Toro
Keyword(s):  
The Other ◽  
Constitutional Court ◽  
Legislative Power ◽  
Intense Competition ◽  
Other Hand ◽  
The One

AbstractThe journey of the Regional Representative Council (DPD) in the constitution is considered to still not compensate for the dynamics of proliferation of legislation. The reason is that the function of the DPD with the DPR in the field of legislation has been tugging and there has been intense competition in the formation of legislation, on the one hand the existence of the DPR as an institution holding a legislative function born earlier is considered to dominate the formation of legislation. On the other hand, the existence of the DPD as a new institution that is also given a legislative function, its authority is considered to be too small when compared to the authority of the DPR in the process of establishing legislation. Even the DPD is considered to add to the problem of over regulation in Indonesian legislation. Borrowing the term Richard Susskind mentions that hyper regulations or obesity are legal and over regulation. This situation led to the implementation of the DPD's legislative function not being optimal because it tends to be half-hearted. In other words, the existence of the DPD as the holder of legislative power is still under the shadow of the DPR, so it has not been taken into account in the process of establishing legislation in Indonesia, even though it has been corrected by the Constitutional Court through Decision of the Constitutional Court Number 92/PUU-X/2012 and Decision Constitutional Court Number 15/ PUU-XIII/2015, but the decision was ignored.AbstrakPerjalanan Dewan Perwakilan Daerah (DPD) dalam ketatanegaraan dianggap masih belum mengimbangi dinamika proliferasi legislasi. Penyebabnya adalah fungsi DPD dengan DPR di bidang legislasi mengalami tarik ulur dan terjadi persaingan ketat dalam pembentukan peraturan perundang-undangan, di satu sisi keberadaan DPR sebagai lembaga pemegang fungsi legislasi yang lahir lebih dahulu dianggap mendominasi pembentukan peraturan perundang-undangan. Sisi lain, keberadaan DPD sebagai lembaga baru yang juga diberi fungsi legislasi, kewenangannya dianggap masih terlalu kecil jika dibandingkan dengan kewenangan DPR dalam proses pembentukan peraturan perundang-undangan. Bahkan DPD dianggap akan menambah permasalahan over regulasi dalam peraturan perundang-undangan Indonesia. Meminjam istilah Richard Susskind menyebutkan bahwa hyper regulations atau obesitas hukum dan over rugulation. Keadaan tersebut menyebabkan pelaksanaan fungsi legislasi DPD tidak optimal karena cendrung setengah hati. Dengan kata lain, keberadaan DPD sebagai pemegang kekuasaan legislasi masih di bawah bayang-bayang DPR, sehingga belum diperhitungkan dalam proses pembentukan perundang-undangan di Indonesia, walaupun sudah diluruskan oleh Mahkamah Konstitusi melalui Putusan Mahkamah Konstitusi Nomor 92/PUU-X/2012 dan Putusan Mahkamah Konstitusi Nomor 15/PUUXIII/2015, namun putusan tersebut tidak dihiraukan.

‘Judei nostri' and the Beginning of Capetian Legislation

Traditio ◽  
1960 ◽  
Vol 16 ◽  
pp. 203-239 ◽  
Author(s):  
Gavin I. Langmuir
Keyword(s):  
The Other ◽  
Legislative Power ◽  
Precise Meaning ◽  
Other Hand ◽  
The One

The ordinances on the Jews of 1223 and 1230 are generally described as the beginning of effective general legislation by the Capetians, yet agreement on the constitutional importance of the ordinances has not produced agreement on their precise meaning and significance. On the one hand, historians such as Esmein, Viollet, Declareuil, Chénon, Perrot, Fawtier, and Olivier-Martin, who followed Flammermont and Luchaire's analysis of royal legislative power, have held that all the provisions of both the 1223 and the 1230 ordinance bound both those who had consented and those who had not, and were applicable throughout the kingdom. On the other hand, an older view stemming from Brussel and Petiet, followed hesitantly by Glasson, and most recently advanced by Petit-Dutaillis, has maintained that, although the 1230 ordinance was applicable in its entirety throughout the kingdom, the ordinance of 1223 either applied in its entirety only to those who had consented to it, or else contained only one provision applicable to those who had not sworn to observe it. This disagreement results partly from ambiguities in the texts, but it is also a result of a failure to set the ordinances in the context of their avowed purposes.

scholarly journals Sinaps-opsporing tussen self en ander in Antjie Krog se Mede-wete (2014)

2019 ◽  
Vol 52 (2) ◽  
Author(s):  
Andries Visagie
Keyword(s):  
Review Article ◽  
The Self ◽  
The Other ◽  
Self And Other ◽  
Non Fiction ◽  
Other Hand ◽  
The One ◽  
Ethical Relations ◽  
Shed Light

The poetry volume Mede-wete by Antjie Krog is a sustained questioning of ethical relations between self and other, an on-goingpreoccupation of Krog in both her poetry and literary non-fiction works. This review article of Mede-wete (also available as Synapse in translation from Afrikaans into English by Karen Press) traces four forms of interconnectedness or synapses that shed light on Krog’s project to establish ethical connections between the self, on the one hand, and, on the other hand, both the human and non-human other. Love and family bonds, reaching out to the cultural other, a sense of shared materiality with the environment, and, consequently, a longing for mystical unity constitute four of the synapses as announced in the title of the volume of poetry. The strength of the often challenging poetry emanates strongly from the daring use of language that includes syllable disturbances and surprising compounds. In many respects, Krog’s impressive volume belies her apparent pessimism that Afrikaans poets and writers today are little more than “thighshifters-in-flinching-language” (Synapse 113). 

scholarly journals Los derechos en el constitucionalismo: tipología y tutela «multilevel»

2007 ◽  
pp. 231
Author(s):  
Enrique Alvarez Conde ◽  
Rosario Tur Ausina
Keyword(s):  
Fundamental Rights ◽  
The Other ◽  
Collective Rights ◽  
Other Hand ◽  
The One ◽  
Globalized World ◽  
Different Levels

The survey pretends an approach to the characteristic multilevel protection of rights throughly studied in the last times. Starting from previous considerations that should highlight the value of fundamental rights in constitutionalism, we reach today a globalized world in which the benefits that citizens receive, as well as the juridical status, are exceeded by different levels of acknowledgement and protection in search of a perfect fitting. Therefore, the survey tackles such a problem tacking into account, on the one hand, the complexity the new challewnges represent for the classical rights (biotechnology, collective rights, environment, etc.) and at the same time, on the other hand, noticing that the protection is «distributed» amongst many different and varied levels. If States and international organisms were until now the «natural» guarantors of rights, we must take into consideration, from this very moment, that the contribution of protection in the under state levels (regional autonomous, local), but as well the emphasis that appears in the private field. Definitely, the multileval protection of rights is one of the great challenges of the contemporary democracies.

scholarly journals Tipificando o terrorismo no Congresso brasileiro: os projetos de lei e literatura acadêmica/Typifying terrorism in the Brazilian Congress: the bills and academic literature

2015 ◽  
Vol 4 (1) ◽  
pp. 111-134
Author(s):  
Guilherme Frizzera ◽  
José Maria de Souza Junior
Keyword(s):  
Social Context ◽  
Two Dimensions ◽  
The Other ◽  
Academic Literature ◽  
Legislative Power ◽  
Documentary Analysis ◽  
Other Hand ◽  
Political Interests ◽  
The One ◽  
Definition Of

O presente estudo se debruça sobre a temática da tipificação de terrorismo no poder legislativo brasileiro. O assunto envolve certa complexidade à medida não há consenso sobre a definição do próprio termo. Portanto, o artigo resgata algumas definições da academia acerca do que vem a ser terrorismo, ressaltando dois aspectos importantes: por um lado, é necessário que haja uma definição para que os agentes de segurança possam enquadrar práticas terroristas como crime; por outro, a atribuição de terrorismo se faz pejorativa, uma vez que um grupo pode designar outro grupo ou uma prática como terrorista ou não dependendo de interesses políticos e da rivalidade de grupos existente em um contexto político-social. A partir dos conceitos da academia e de organizações que tem o terrorismo como preocupação pertinente, pode-se considerar que duas dimensões operam na tarefa de defini-lo: as motivações subjetivas das ações e os métodos pelo qual tais ações são conduzidas. Tomando como metodologia a análise das definições sobre terrorismo e análise documental dos projetos de lei no legislativo brasileiro sobre o tema e, posteriormente, a comparação entre os dois tipos de análise conclui-se que o projeto que provavelmente vá para votação no Congresso deixa de lado a dimensão da motivação subjetiva para definir práticas terroristas e considera apenas a metodologia do ato como critério para definir terrorismo.  Palavras-Chaves: Terrorismo; Brasil; Tipificação; Projeto de Lei  Abstract: This research focuses on the typification of terrorism in the legislative power in Brazil. The issue involves complexity for there is no consensus about the definition of the term itself. Therefore, the article brings some academic definitions regarding what terrorism really is. These definitions highlight two aspects: on the one hand, it is necessary to have a definition for the security agents to consider the practices as a type of crime and punish them; on the other hand, the attribution of the term to a group or act is pejorative, once one group might call another group or a practice terrorist or terrorism depending on political interests and on group rivalry in a political and social context. From the concepts developed in the academy and in groups which have the terrorism as a preoccupation, it is possible to consider two dimensions that operate in the task of defining it: the subjective motivations of the actions and the methods in which such actions are performed. Having as methodology the analysis of the definitions on terrorism, the documentary analysis of the bills of Law in the Brazilian legislative on the same issue and the comparison between the two source of analysis, the conclusion is that the probable Bill which is to be approved excludes the subjective motivation dimension to define terrorist practices and considers only the method of the act as criterion to define terrorism.Key Words: Terrorism; Brazil; typing, Bill.  DOI: 10.20424/2237-7743/bjir.v4n1p111-134

Stories and the Self

2020 ◽  
Vol 32 (2) ◽  
pp. 47-58 ◽  
Author(s):  
Stefan Krause ◽  
Markus Appel
Keyword(s):  
Meta Analysis ◽  
The Self ◽  
The Other ◽  
Lower Degree ◽  
Contrast Effects ◽  
Self Perception ◽  
Self Perceptions ◽  
Other Hand ◽  
The One ◽  
Implicit And Explicit

Abstract. Two experiments examined the influence of stories on recipients’ self-perceptions. Extending prior theory and research, our focus was on assimilation effects (i.e., changes in self-perception in line with a protagonist’s traits) as well as on contrast effects (i.e., changes in self-perception in contrast to a protagonist’s traits). In Experiment 1 ( N = 113), implicit and explicit conscientiousness were assessed after participants read a story about either a diligent or a negligent student. Moderation analyses showed that highly transported participants and participants with lower counterarguing scores assimilate the depicted traits of a story protagonist, as indicated by explicit, self-reported conscientiousness ratings. Participants, who were more critical toward a story (i.e., higher counterarguing) and with a lower degree of transportation, showed contrast effects. In Experiment 2 ( N = 103), we manipulated transportation and counterarguing, but we could not identify an effect on participants’ self-ascribed level of conscientiousness. A mini meta-analysis across both experiments revealed significant positive overall associations between transportation and counterarguing on the one hand and story-consistent self-reported conscientiousness on the other hand.

Radioimmunotherapy for treatment of acute myeloid leukaemia and myelodysplastic syndrome

2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann
Keyword(s):  
Acute Myeloid Leukaemia ◽  
Myeloid Leukaemia ◽  
Primary Tumour ◽  
The Other ◽  
Haematopoietic Stem Cell ◽  
Other Hand ◽  
Primary Reduction ◽  
The One ◽  
Acute Myeloid

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.

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