scholarly journals The Constitution of Canada as Supreme Law: A New Definition

2019 ◽  
Vol 28 (1) ◽  
pp. 7-18
Author(s):  
Maxime St-Hilaire ◽  
Patrick F. Baud ◽  
Elena S. Drouin
Keyword(s):  
Constitutional Amendment ◽  
Short Paper ◽  
Canadian Law ◽  
Definition Of ◽  
Amendment Procedure

Not only is there no clear answer in Canadian law as to what the 'supreme law' of Canada comprises, but no agreement on how to find that answer. In this short paper, we claim to solve the problem by proposing a new, workable, definition of the Canadian Constitution as supreme law that discards the document list approach of subsection 52(2), Constitution Act 1982, in favour of one that, through subsection 52(3), is based on the constitutional amendment procedure of Part V, which relates to provisions.

scholarly journals The Constitution of Canada as Supreme Law: A New Definition

2019 ◽  
Vol 28 (1) ◽  
pp. 7
Author(s):  
Maxime St-Hilaire ◽  
Patricia F. Baud ◽  
Elena S. Drouin
Keyword(s):  
Constitutional Amendment ◽  
Short Paper ◽  
Canadian Law ◽  
Definition Of ◽  
Amendment Procedure

Not only is there no clear answer in Canadian law as to what the 'supreme law' of Canada comprises, but no agreement on how to find that answer. In this short paper, we claim to solve the problem by proposing a new, workable, definition of the Canadian Constitution as supreme law that discards the document list approach of subsection 52(2), Constitution Act 1982, in favour of one that, through subsection 52(3), is based on the constitutional amendment procedure of Part V, which relates to provisions.

scholarly journals A lattice-theoretic characterization of pure subgroups of Abelian groups

2021 ◽  
Author(s):  
M. Ferrara ◽  
M. Trombetti
Keyword(s):  
Abelian Group ◽  
Abelian Groups ◽  
Subgroup Lattice ◽  
General Definition ◽  
Short Paper ◽  
Theoretic Characterization ◽  
Definition Of

AbstractLet G be an abelian group. The aim of this short paper is to describe a way to identify pure subgroups H of G by looking only at how the subgroup lattice $$\mathcal {L}(H)$$ L ( H ) embeds in $$\mathcal {L}(G)$$ L ( G ) . It is worth noticing that all results are carried out in a local nilpotent context for a general definition of purity.

scholarly journals Understanding Constitutional Amendments in Mexico: Perpetuum Mobile Constitution

2016 ◽  
Vol 1 (18) ◽  
pp. 3 ◽  
Author(s):  
Mauro Arturo Rivera León
Keyword(s):  
Constitutional Amendment ◽  
Constitutional Amendments ◽  
Amendment Procedure

In spite of being formally rigid, the Mexican Constitution is frequently amended. In this article, I analyze the constitutional amendment procedure in order to understand the causes, consequences and potential solutions of the accelerated rhythm of constitutional amendments in Mexico.

Jurisdiction and Settler Colonialism: Where Do Laws Meet?

2014 ◽  
Vol 29 (02) ◽  
pp. 145-161 ◽  
Author(s):  
Shiri Pasternak
Keyword(s):  
Conceptual Framework ◽  
Multiple Scales ◽  
Settler Colonialism ◽  
Canadian Law ◽  
Definition Of ◽  
Colonial Settlement

Abstract To engage in the question of what it means to decolonize law, we must ask by what authority a law has the authority to be invoked and to govern. In this paper, I describe the conditions necessary for the exercise of Canadian law as being the work of jurisdiction, and I call into question Canada’s legality and legitimacy in making jurisdictional claims. Decolonizing law means deconstructing the state’s grounds to inaugurate law on lands acquired through colonial settlement. By critically examining law’s geography and scope I call into question the modern definition of territory itself. Further, I draw attention to jurisdiction as a conceptual framework for understanding the specificities of settler colonialism; illustrate jurisdiction as a historical concept, distinct from territory and sovereignty; and show some of the ways in which jurisdiction is enacted to govern across multiple scales and issues.

scholarly journals (Ne)závislosť na poli: kognitívny štýl či schopnosť?

TESTFÓRUM ◽  
2017 ◽  
Vol 6 (10) ◽  
pp. 4-13
Author(s):  
Lenka Krajčíková
Keyword(s):  
Cognitive Ability ◽  
Cognitive Style ◽  
Field Dependence ◽  
Short Paper ◽  
General Intelligence ◽  
Historical Overview ◽  
Embedded Figures Test ◽  
Valid Method ◽  
Embedded Figures ◽  
Definition Of

Predkladaný krátky článok pojednáva o testovaní kognitívneho štýlu závislosti/nezávislosti na poli podľa Witkina. Tento kognitívny štýl popísaný v 50. rokoch bol v niekoľkých posledných dekádach vystavený kritike, ktorá sa na jednej strane týka samotnej definície kognitívneho štýlu, na strane druhej i metód, ktoré sú k testovaniu tohto štýlu používané. V práci sa čitateľ dozvie ako o metódach testovania závislosti/nezávislosti na poli tak o kritike tohto konceptu. Hlavným zámerom článku je poskytnúť historický exkurz do testovania kognitívneho štýlu závislosti/nezávislosti na poli pomocou testu k tomu pôvodne určenému (Embedded Figures Test). Čitateľ sa dozvie o nejednoznačnosti použitia testu EFT a pochybnostiach o tom, že skutočne testuje spomínaný kognitívny štýl. Test samotný bude predstavený v novom svetle potenciálne zaujímavého nástoja na testovanie priestorovej kognitívnej schopnosti či všeobecnej inteligencie, čo je však nutné ďalším výskumom objasniť. Presented short paper deals with testing of cognitive style of field dependence/independence by Herman Witkin. This cognitive style described in fifties was wildly criticized in last couple of decades. The criticism was aimed towards the definition of a cognitive style and also towards methods evaluating and testing this so called cognitive style. The paper describes various methods of testing this style and provides brief overview of a criticism of the concept. The main goal of this paper is to provide a historical overview of testing cognitive style of field dependence/independence and to evaluate test created for that purpose (Embedded Figures Test). The reader will find out that EFT is not a completely valid method of testing cognitive style mentioned above and there are some doubts about what this test is really measuring. EFT will be introduced from a slightly different angle, as an interesting method of testing spatial cognitive ability or general intelligence, but these new options of use of EFT require further research. 

scholarly journals Constitutional Unamendability in the Region

2020 ◽  
pp. 104-128
Author(s):  
Yaniv Roznai
Keyword(s):  
Puerto Rico ◽  
Dominican Republic ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Central Feature ◽  
Constitutional Design ◽  
Global Trend ◽  
Global Constitutionalism ◽  
The Caribbean ◽  
Amendment Procedure

A central feature within constitutional design is the amendment procedure or formula, through which formal changes to the constitution can take place. There is a growing trend in global constitutionalism to impose various limitations on constitutional amendment powers (‘unamendability’). These restrictions on the ability to amend constitutions may be procedural, for example by demanding special procedural conditions for amending the constitution. Others are temporal and require constitutional actors to adhere to certain specifications as to the timing of various steps in the formal amendment process, either at the proposal or ratification stages, or both. More contentious is the imposition of substantive limitations on amending constitutional subjects (provisions, principles, rules, symbols, or institutions) through the formal constitutional amendment provision (‘substantive unamendability’). Substantive unamendability of a constitutional subject may be explicit in the form of –what is often termed – eternity or unamendable clauses, or may be implicit as result of courts’ interpretation of the constitutional text, declaring that even in the absence of explicit unamendability, certain constitutional principles are implicitly unamendable. The Chapter focuses on unamendability in the Caribbean. It reviews some of the formal or temporal limitations that we find in Caribbean Constitutions; then reviews explicit substantive limitations, focusing on Cuba, Haiti and Dominican Republic, and implied substantive limitations, as applied in Belize and hinted in Puerto Rico. The Chapter demonstrates that the global trend of limitations on formal constitutional change finds its manifestations also in Caribbean Constitutions.

scholarly journals Retweeting Constitution of Zambia (Amendment) Bill Number 10 of 2019: Support and Outrage

2021 ◽  
Author(s):  
Brian Chanda Chiluba
Keyword(s):  
Thematic Analysis ◽  
Constitutional Amendment ◽  
Abuse Of Power ◽  
Governing Body ◽  
Key Sectors ◽  
Amendment Procedure

At least to the majority of tweets, the Zambian Constitution of Zambian Amendment Bill number 10 if successfully passed into law could have greatly created uneven impacts on key sectors of society within Zambia. In trying to review the support and outrage of Bill 10 on Twitter, this article uses thematic analysis to investigate 600 Bill 10-related tweets from 21st June 2019 to 21st June 2020 that were retweeted at least 500. The statistical cybermetrics and thematic approaches used generated quick insights into widely resonating subjects of Bill 10 related issues at the time of debate in Zambia. The findings in this article are highly suggestive of the value of Twitter for disseminating information and in this case more especially about understandings, contents and contexts of governance issues of Bill 10. Twitter also offered or requested for support, the ability of many citizens with divergent views and different political affiliations to adjust to the process of the amendment of Bill 10, and information about the contents of the Bill in Zambia. This article highlights, that as gathered from Twitter, it is key to entrench fundamental principles in constitution amendment processes and such principles in a constitutional text, the idea is to firmly embed them, making them very difficult for any governing body to change for their own advantage. Bill 10 retweets shows that amendment procedures are vital for the protection of the underlying constitutional principles, and are generally considered to have a somewhat unassailable status. As shown by many tweets analysed, a government supporting amendment to the constitutional amendment procedure, could in itself be considered an abuse of power.

scholarly journals Of Duels, Trials and Simplifying Systems

2020 ◽  
Vol 11 (3) ◽  
pp. 683-692
Author(s):  
Giovanni SILENO
Keyword(s):  
Artificial Intelligence ◽  
European Commission ◽  
Disruptive Innovation ◽  
Short Paper ◽  
Technological Evolution ◽  
Expert Group ◽  
Symbolic Systems ◽  
Definition Of ◽  
High Level ◽  
The Impact

This short paper aims to unpack some of the assumptions underlying the “Policy and Investment Recommendation for Trustworthy AI” provided by the High-Level Expert Group on Artificial Intelligence (AI) appointed by the European Commission. It elaborates in particular on three aspects: on the technical-legal dimensions of trustworthy AI; on what we mean by AI; and on the impact of AI. The consequent analysis results in the identification, amongst others, of three recurrent simplifications, respectively concerning the definition of AI (sub-symbolic systems instead of “intelligent” informational processing systems), the interface between AI and institutions (neatly separated instead of continuity) and a plausible technological evolution (expecting a plateau instead of a potentially near-disruptive innovation).

scholarly journals Mixed Signals of Europeanization: Revisiting the NPD Decision in Light of the European Court of Human Rights' Jurisprudence

2018 ◽  
Vol 19 (4) ◽  
pp. 817-844
Author(s):  
Lasse Schuldt
Keyword(s):  
Human Rights ◽  
Constitutional Amendment ◽  
Human Rights Law ◽  
European Court ◽  
Federal Constitutional ◽  
German Standard ◽  
European Standards ◽  
Definition Of ◽  
German Constitutional Law ◽  
German Federal Constitutional

The Article revisits the German Federal Constitutional Court's NPD decision and the concept of militant democracy regarding party bans in German constitutional law. It argues that the Court's new definition of the free democratic basic order approximates its jurisprudence to the standards developed by the European Court of Human Rights. The Article also compares the German and European standards for party bans. It assesses the respective required risks for democracy that a party needs to pose in order to justify a party ban. In this respect, it is argued that the German standard—though elevated—still falls short of the threshold under European human rights law. Finally, the NPD's anti-constitutional—but not unconstitutional—character is examined, and a recent constitutional amendment to exclude extremist political parties from party financing is evaluated.

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