Search results for "AW [Intelligence agency]"

EL ARTÍCULO 324 DEL CÓDIGO ORGÁNICO DE TRIBUNALES Y EL PRINCIPIO DE IGUALDAD EN EL ORDENAMIENTO JURÍDICO CHILENO

2005

El presente artículo analiza la norma contenida en el inciso segundo del art. 324 del Código Orgánico de Tribunales y su correspondencia con la Constitución Política. Tradicionalmente dicha norma se ha entendido, en la doctrina y jurisprudencia nacionales, como una auténtica excepción al principio general que orienta la aplicación de la ley penal en relación a las personas. A partir del desarrollo que el principio de igualdad ha experimentado en la evolución del Estado moderno, y de su reconocimiento en el Derecho constitucional chileno, se llega a establecer la incompatibilidad de la norma en cuestión con el mencionado principio This paper examines the rule embodied in the second paragraph…

Protection of Social Rights as a Permament Challenge for the European Union

2021

Social rights protection in the European Union has undergone significant development. Currently their protection is regulated by relevant treaty provisions and the Charter of Fundamental Rights (Charter), both of a primary law nature, as well as by the non-binding European Pillar of Social Rights (Pillar). The aim of the paper is the assessment of the social rights protection in the EU, and whether all social rights provided in the CFR have their counterparts in the EPSR, hence whether and in what way the EPSR assists the actual exercise of social rights provided by the CFR. Comparing the content of the above-mentioned legal instruments makes it possible to answer the question whether all s…

Liberalism, Governmentality and Counter-Conduct; An Introduction to Foucauldian Analytics of Liberal Civil Society Notions

2015

This article gives an analysis of Foucault’s studies of civil society and the various liberalist critiques of government. It follows from Foucault’s genealogical approach that “civil society” does not in itself possess any form of transcendental existence; its historical reality must be seen as the result of the productive nature of the power-knowledge-matrices. Foucault emphasizes that modern governmentality—and more specifically the procedures he names “the conduct of conduct”—is not exercised through coercive power and domination, but is dependent on the freedom and activeness of individuals and groups of society. Civil society is thus analyzed as fundamentally ambivalent: on the one han…

Justifying Civic Activism in Russia and Finland

2013

ABSTRACTIn this article, we present a novel way of researching civil society in a comparative perspective and illustrate it through a detailed analysis of public disputes concerning urban building construction projects in St. Petersburg and Helsinki in 2008–2009. In our illustration, we use justification theory, a line of thought developed by Luc Boltanski and Laurent Thevenot in the early 1990s, but until now little used in comparative civil society research. Moreover, we use a variant of Public Justification Analysis, a new method for analysing media data. Our focus is on moral justifications, that is, on arguments which are presented against or in favour of the proposed projects and whic…

Rational Foundations of Democratic Politics

2003

1. Introduction Albert Breton, Gianluigi Galeotti, Pierre Salmon and Ronald Wintrobe Part I. Some Problems with Democratic Institutions and Trends in Their Evolution: 2. Demobilization, demoralization and the loosening bonds of electoral politics Michael C. Munger 3. Turning 'citizens' into 'consumers': economic growth and the level of public discourse Stergios Skaperdas 4. Economic and cultural prerequisites for democracy Roger D. Congleton 5. Civil society and the contemporary social order Frederique Chaumont-Chancelier Part II. Morals in Politics: 6. When does altruism overcome the intransitivity of income redistribution? Donald Wittman 7. Democratic resilience and the necessity of virtu…

A Proposal for an Automatic Stabilizer in Social Justice

2019

Abstract Generally, social justice has two sides which are intercorrelated and inter-dependend: a) constitutive social justice (for example, the so called commutative social justice); b) regulative social justice (for example, the so called distributive social justice). The paper approaches the regulative social justice, more exactly, an automatic mechanism to get it. To this end, an automatic stabilizer to provide distributive social justice, according to the Rawlsian principle of difference. Such an automatic stabilizer is grounded on the wealth, more precise, on the share of the wealth which is not invested in order to benefit to the more disadvantaged class of the society. Paper does no…

10. Political liberalism and the preventive containment of unreasonable beliefs and behavior

2015

This paper examines the ways in which illiberal and unreasonable views can be legitimately contained in a politically liberal society, and discusses some of the pressing reasons to undertake, or abstain from, such measures. Theoretical background for the discussion is provided by Rawlsian political liberalism. The paper focuses on the particular justification for the preventive containment of unreasonable views offered by Jonathan Quong (2011). It is claimed that Quong’s approach raises some significant worries (not unrelated to the ‘third-order pathologies’ discussed above in Chapter 2). The suggestion is put forward that political liberals would do well to pay more attention to respect an…

Challenging the Rule of Political Liberalism

2020

Abstract The origin of the ongoing conflict between the EU and Poland may, according to the author, partly be subscribed to the EU-institutions conceptualization of the rule of law. This conceptualization, which in the article is referred to as “the rule of political liberalism”, establishes a particular set of legal institutional and substantial frames and limits for national democratic politics. Granted that the rule of law is an inherently contested concept, the author deconstructs the rule of political liberalism, reveals its weaknesses and ideological bias and proposes an alternative understanding of the rule of law. “The rule of pragmatism” is based on a pragmatic conceptualization of…

Anthropology of Political, Social and Cultural Memory: Practices in Central and Eastern Europe: Program & Abstracts : International Scientific Confer…

2020

Krajowa Rada Narodowa i Polski Komitet Wyzwolenia Narodowego w państwie prawa. Stanowiska doktryny

2021

<p>The establishment of the communist regime in Poland in 1944 is a current subject of reflection in the doctrine and practice of legislation and judiciary. There has been no uniform position on these events, which means that the then sanctioned political and normative order continues to produce controversial assessments and, above all, certain legal effects. This results from the fact that the new people’s power, empowered by force, and not by legal or social basis, has given itself the competence to establish a normative order. The lack of legitimacy for the rightful rule and legislative activity, in principle – from the point of view of the idea of the rule of law – undermines the …