Search results for "Constitution"
showing 10 items of 568 documents
Pamięć wspólnotowa a tradycja konstytucyjna
2019
There are two dates of particular importance for Polish collective memory, namely 11November 1918 – the day of the regaining of independence after 123 years of partitions, and 4 June 1989 – the day which started the process of Poland regaining its full internal and external sovereignty. These two turning points determine the beginnings of the respective discourses on the directions of changes in the political systems of the Second and Third Republics. This paper focuses on the discourses concerning the political systems during the periods of transition and is based on the content of The March Constitution of 1921 and The Constitution of the Republic of Poland of 1997. A basic law is a text …
Normality
2018
The chapter explicates the central resources that classical Husserlian phenomenology and its contemporary elaborations offer for the study of psychic disorders. We shall first discuss the phenomenological principles that enable analysis of the conditions and limits of experiencing and sense-constitution. We shall then clarify the concepts that phenomenologists have developed for the discussion of the normality and abnormality of experiencing—optimality and concordance—while also paying heed to the types of phenomena that classical and contemporary phenomenologists have tackled while developing their methods. In this vein, we will emphasize methodological factors that separate phenomenologic…
Democracy in Constituent Moments: Exploring the Spanish Constitutional Debate of 1931 through Political Theory and Conceptual History
2019
This paper aims to answer the question of why constituent moments are relevant to political theory. It hypothesises the Spanish constitutional debate of 1931 as a case of conceptual innovation in parliamentary politics by arguing that debates in constituent moments entail a special kind of parliamentary argumentation when new political regimes are established. There, all sorts of theoretical, normative, historical, and institutional aspects are discussed to deliberate on the future character and functioning of a political regime. From a methodological point of view, this analysis draws on the revision of arguments and political terms used by MPs during the Spanish constituent assembly of 19…
Motivational Analysis in Husserl’s Genetic Phenomenology
2018
The paper discusses motivation as the inner lawfulness of consciousness and a central methodological principle of genetic phenomenology, highlighting the problem of its ambiguous status oscillating between a historical-empirical and a transcendental account of consciousness. The focus on motivation allows for the practical character of intentionality to emerge, thus presenting genetic phenomenology as a more comprehensive approach to subjective life which takes into account its constitutive indeterminacy.
Aksjologiczny wymiar Konstytucji Rzeczypospolitej Polskiej
2018
This paper is an attempt to show the axiological dimension of the currently binding basie law, i.e. the Constitution of the Republic of Poland of 1997. The text of the constitution is a carrier of the values important to Poles, and it is predisposed to this by its specific content, a superior position in the hierarchy of normative acts and a high social authority. The information about the most important values is already provided by the constitutional introduction (preamble) - it includes the most important values of the entire community of the State expressis verbis. In terms of values, the author tries to read and interpret the general principles of the constitution (the constitutional p…
Scheda bibliografica su Giorgio PINO, Interpretazione costituzionale e teorie della Costituzione, Modena, Mucchi, 2019
2019
SI tratta di una breve nota bibliografica al libro "Interpretazione costituzionale e teorie della Costituzione", scritto da Giorgio Pino It is a brief review about the book "Interpretazione costituzionale e teorie della Costituzione", written by Giorgio Pino
LES ÉQUIVOQUES DU « CONSTITUTIONNALISME OCTROYÉ » : UN DÉBAT TRANSATLANTIQUE (I)
2015
In Portugal and in its former colonies, the expression "constitucionalismo outorgado » is part of the constitutional vocabulary since the granting of the Charter of 1826. The French inspiration is obvious ; however, no equivalent expression exists in France. This curiosity leads to measure all the ambiguity of the concept of "granted constitutionalism", an improbable oxymoron according to the president of the Portuguese Republic, Teófilo Braga. Is it about a simple political and linguistic claim, a temporary compromise at the end of a frustrated Revolution? Or does it translate a deeper program, to reconcile both sides of the constitutionalism, ancient and modern ?
THE AMBIGUITIES OF « GRANTED CONSTITUTIONALISM » : A TRANSATLANTIC DEBATE (II)
2017
After France, and before Brazil, the second article concerns Portugal. The portuguese legal framework was appropriate to stem the birth of the constituent power. Reconstructed on the basis of an apocryphal transcription of its founding pact, the Cortes of Lamego of 1143, the portuguese public law benefited on top of a written document born in the XVth century, the Ordenações. This double peculiarity, making "iberian liberties" a model of the ancient constitutionalism, explains the reverential respect for these medieval borders and the hatred following Dom Pedro's granting in 1826. In these conditions, and in spite of the program followed by a "granting power" which refuses to define itself …
Nota bibliografica su N.G. CEZZI, L’interpretazione costituzionale negli Stati Uniti d’America. La storia e il testo, Napoli, Jovene, 2019
2020
Si tratta di una scheda bibliografica sul costituzionalismo americano. It is a brief book review on american constitutionalism.
“La grida canta chiaro”…o forse no. Qualche osservazione a partire da un esercizio di interpretazione giuridica
2020
The paper deals with the structural vagueness of the legal measures enacted by the Italian legislator to manage the Covid-19 pandemic. Can we demand more certain norms? Is personal liberty taken in due account by the legislator? Starting from these and similar questions, the paper proposes a reconstruction of the law and of the underlying legal ideology of contemporary constitutional States. Unlike the modern State, which was characterized by the authority principle and the value of legal certainty, the contemporary constitutional State seems to be willing to sacrifice authority and certainty on the altar of more justice and flexibility.