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Article
Publication date: 23 May 2017

Sarah Fisher and Florian Justwan

The purpose of this paper is to detail a simulation exploring the academic and real-world debates surrounding constitutional design.

Abstract

Purpose

The purpose of this paper is to detail a simulation exploring the academic and real-world debates surrounding constitutional design.

Design/methodology/approach

The authors deployed this simulation in different contexts: undergraduate courses in comparative politics and middle school classrooms of gifted students in India.

Findings

In conjunction with discussion of institutional setup, such as parliamentary vs presidential systems and judicial review vs parliamentary sovereignty, the students were required to design a new constitution for a fictional country that just overthrew a brutal dictator. Throughout the simulation, the students were assigned to be the representatives of a particular ethnic group, each with distinct interests to be represented during the constitutional convention.

Originality/value

The authors detail the learning objectives and simulation setup for this constitutional convention. Finally, the authors discuss some issues raised by the students during the simulation.

Details

Social Studies Research and Practice, vol. 12 no. 1
Type: Research Article
ISSN: 1933-5415

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Article
Publication date: 31 May 2013

Martha C. Nussbaum

This article aims to provide a response to the papers in this issue.

Abstract

Purpose

This article aims to provide a response to the papers in this issue.

Design/methodology/approach

The methodology employed is philosophical.

Findings

In her response, Nussbaum thanks the authors for their contributions and addresses their most salient arguments.

Originality/value

Nussbaum in this article responds to the papers in this issue of IJSE and addresses the authors' most salient arguments.

Details

International Journal of Social Economics, vol. 40 no. 7
Type: Research Article
ISSN: 0306-8293

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Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process…

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Content available
Article
Publication date: 22 October 2019

Lee Fergusson

Work-based research is the applied form of work-based learning (WBL) and has been described as the systematic and methodical process of investigating work-related…

Abstract

Purpose

Work-based research is the applied form of work-based learning (WBL) and has been described as the systematic and methodical process of investigating work-related “problems”. Such problems can either be associated with specific workplaces and domains of practice or may more broadly be described as practical, social or real-world in nature. However, the specific characteristics of work-related problems for organisations and society have yet to be explained, and inadequate problem definition, multiple and competing goals, and lack of agreement on cause-effect relationships have hampered understanding. The purpose of this paper is to examine the nature of work-related problems and provides examples from real-world contexts in Australia.

Design/methodology/approach

The paper provides models and examples of standard and non-standard work-related problems based on prior research and current practice.

Findings

Research paradigms view work-related problems as either definable and solvable or ill-defined, complex, difficult to describe and not easily rectified. The former view is concerned with “high ground problems” associated with traditional research methods; the latter with “lowland, messy, confusing problems” more frequently associated with the social sciences. Irrespective of orientation and definition, work-related problems have one thing in common: they are typically messy, constantly changing and complex, and many are co-produced and wicked.

Originality/value

Despite difficulties with identifying and isolating the various types of work-related problem, the paper establishes the importance of doing so for the practitioner. The definition and examination of work-related problems contribute to an evolving formulation of WBL and its application to private organisations, government agencies and work more generally.

Details

Journal of Work-Applied Management, vol. 11 no. 2
Type: Research Article
ISSN: 2205-2062

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Book part
Publication date: 22 December 2006

Fred W. Riggs

To clarify our analysis, we start with a conceptual explanation of synarchy and the key terms that we need to use in this chapter. Synarchy is a neologism that combines…

Abstract

To clarify our analysis, we start with a conceptual explanation of synarchy and the key terms that we need to use in this chapter. Synarchy is a neologism that combines synthesis with anarchy. We will first look at how these two contrasting ideas are linked. In juxtaposition, they provide a basis for understanding contemporary public administration in a global and comparative context.

Details

Comparative Public Administration
Type: Book
ISBN: 978-1-84950-453-9

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Book part
Publication date: 1 November 2016

Abstract

Details

Governing for the Future: Designing Democratic Institutions for a Better Tomorrow
Type: Book
ISBN: 978-1-78635-056-5

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Book part
Publication date: 20 August 2012

Emily Zackin

One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different…

Abstract

One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different state high courts remained in operation, each claiming to be the only legitimate tribunal. This chapter describes Kentucky's two-court crisis, but focuses primarily on the constitutional convention of 1849, which followed it. Through the lens of modern scholarship about judicial independence, the lessons that antebellum Kentuckians drew from their own history seem quite counterintuitive. They did not view their project of judicial design as a matter of balancing judicial independence with accountability, a task that many modern scholars of American politics have posited as the central problem of judicial design. Instead, Kentucky's constitutional convention sought to structure an institution that would allow the state's courts to respond to popular sentiment without compromising their independence. Thus, these debates suggest frameworks for understanding judicial independence that do not pit independence against judicial accountability or popular politics, but attempt to discern which forms of politics threaten the independence of courts, and which forms may not.

Details

Special Issue: The Discourse of Judging
Type: Book
ISBN: 978-1-78052-871-7

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Book part
Publication date: 3 August 2011

Robert C. Blitt

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to…

Abstract

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine “defamation of religion” as a violation of international human rights, the author confirms that the phenomenon of migration is not restricted to positive constitutional norms, but rather also encompasses negative ideas that ultimately may serve to undermine international and domestic constitutionalism. More specifically, the case study demonstrates that the movement of anti-constitutional ideas is not restricted to the domain of “international security” law, and further, that the vertical axis linking international and domestic law is in fact a two-way channel that permits the transmission of domestic anti-constitutional ideas up to the international level.

In reaching the findings presented herein, the chapter also adds to the universalism–relativism debate by demonstrating that allowances for “plurality consciousness” on the international level may in certain instances undermine fundamental norms previously negotiated and accepted as authoritative by the international community. From this perspective, the movement in favor of prohibiting “defamation of religion” is not merely a case study that helps to expand our understanding of how anti-constitutional ideas migrate, but also indicative of a reenergized campaign to challenge the status, content, and stability of universal human rights norms.

Details

Special Issue Human Rights: New Possibilities/New Problems
Type: Book
ISBN: 978-1-78052-252-4

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Book part
Publication date: 9 September 2020

Chris Thornhill

This chapter proposes a sociological reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and it focuses on examining the…

Abstract

This chapter proposes a sociological reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and it focuses on examining the historical processes that first gave rise to this concept. It explains how citizenship has its origins in the transformation of feudal law, a process that culminated in patterns of military organization that characterized the rise of the early modern state in Europe. On this basis, it describes how the growth of constitutional democracy was integrally marked by the militarization of society and explains that military pressures have remained palpable in constitutional constructions of citizenship. In particular, it argues that, through the early growth of democracy, national citizenship practices were closely linked to global conflicts, and they tended to replicate such conflicts in national contexts. It concludes by showing how more recent processes of constitutional norm formation, based largely in international human rights law, have acted to soften the military dimensions of citizenship.

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Article
Publication date: 13 July 2020

Maurice K.-C. Yip

This study aims to explore how urban governance of Hong Kong is impacted by the formulation and implementation of the new constitutional order of “one country, two…

Abstract

Purpose

This study aims to explore how urban governance of Hong Kong is impacted by the formulation and implementation of the new constitutional order of “one country, two systems” that distinguishes between the British colonial government and the current government under Chinese sovereignty.

Design/methodology/approach

While the literature recognises the society of Hong Kong has been heavily relying on land and property activities, few attempts notice the uniqueness of Hong Kong’s sequential constitutional orders and its relations to those activities. This study presents a geographical enquiry and an archival study to illustrate the spatiality of the new constitutional order and its implications on land injustice. Drawing from the works of legal geography and urban studies, this study extends and clarifies Anne Haila’s conception of Hong Kong as “property state” to “property jurisdiction”.

Findings

Though common law and leasehold land system were perpetuated from the colonial period, the new constitutional order changed their practices and the underlying logic and ideology. The urban governance order of this property jurisdiction is intended for prosperity and stability of the society, and for the economic benefit and territorial integrity claim of the Chinese sovereignty.

Originality/value

This study enriches the literature of Hong Kong studies in three major areas, namely, the relationship with China, urban governance and land injustice. It offers a conceptual discussion, which contributes to comparative territorial autonomies studies. It also contributes to legal geography by providing insights beyond the western liberal democracy model.

Details

Social Transformations in Chinese Societies, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1871-2673

Keywords

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