scholarly journals L'expérience canadienne et québécoise de révision constitutionnelle : leçons et perspectives

2005 ◽  
Vol 26 (1) ◽  
pp. 29-55 ◽  
Author(s):  
Claude Morin

The author suggests various answers to two questions dealing with constitutional reform in Quebec and Canada. The first question is : What can be learned from the experience of Quebec and Canada in the field of constitutional reform ? The author makes two suggestions which underscore the following : the concern with constitutional matters has been greater in Quebec than anywhere else in Canada i.e., in part because the conception of federalism in Quebec differs from that of English-Canada, despite the use of the same words. In discussions about constitutional reform, priorities have been different for Quebec and for the rest of Canada. None of the serial discussions about constitutional reform has given Quebec the type of federalism that it wants ; Ottawa falls back upon federal official language and bilingualism policies as a placebo for an in-depth reform of federalism. The second question is : what is the present perspective for Quebec ? Here, a distinction must be made between what should be done and what could be done. What should be done includes, among other things : recognition in the Constitution of the existence in Quebec of a distinct society ; new separation of federal and provincial powers : veto right for Quebec to constitutional amendments excepting in matters regarding federal institutions ; selection of members of the Senate by the provinces. As to what could be done, let it be said that most of these reforms would probably not be accepted by the other governments in Canada because they would probably modify Canadian federalism.

Author(s):  
George Tsebelis

The article examines the content of the constitutional amendments with respect to the Senate. While symmetric bicameralism would be abolished with respect to policymaking, it would be preserved and even exacerbated with respect to constitutional revisions. The consequences of the first would be a reduction of the number of institutional veto players, which would lead to the facilitation of policy change, and an increase in the power of the government (who is the agenda setter). The content of the new policies remains unknown, as are the economic consequences of the proposed changes. Constitutional revisions would become more difficult, because the ideological distance between the Chamber of Deputies and Senate would be likely to increase (because of the mode of selection of Senators), while article 138, which specifies the requirements for amendment to the constitution, would remain the same. As a result, the role of the Italian Constitutional Court would also likely increase.


2005 ◽  
Vol 29 (1) ◽  
pp. 3-63
Author(s):  
José Woehrling

On June 3, 1987, the Prime Minister of Canada and the ten provincial premiers signed the 1987 Constitutional Accord in which they agreed to amend the Canadian Constitution in order to meet the Quebec government's conditions for adherence to the Constitution Act, 1982. The recognition of Canada's linguistic duality and of Quebec as a distinct society were among the constitutional amendments agreed upon. These clauses continue to spark controversy, with some commentators claiming that the terms used in the Accord are too ambiguous, while others argue that their insertion in the Constitution will give rise to politically undesirable results. The author considers the meaning of these clauses and presents an historical account of the notions of “duality” and “distinct society” by analyzing their essential elements. He argues that if governments have recognized duality in order to protect the official language minorities, the purpose of the clause dealing with the protection and promotion of Quebec's distinct society is to maintain and develop its Francophone character. Where these two objectives conflict, the clause in the Constitutional Accord recognizing Canada's linguistic duality will prevail. The Accord's potential impact on the division of legislative powers and the Canadian Charter of Rights and Freedoms are also examined. In the author's opinion, the division of powers will not be modified; however, the recognition of duality and of Quebec as a distinct society may limit the potentially centralizing effects of the Charter. On the other hand, by relying on the duality clause, the courts will be able — should they so desire — to give the Charter's language guarantees a broader interpretation than they have until now been accorded. The author concludes by considering the possible interplay between the linguistic duality and the distinct society clauses once they are entrenched, and the multiculturalism clause (section 27 of the Charter,).


Federalism-E ◽  
1969 ◽  
Vol 14 (1) ◽  
pp. 29-35
Author(s):  
Jenna Herdman

Quebec’s desire for recognition as “pas comme les autres” has defined fifty years of Canadian politics. In Canada, citizens have multiple layers of identity, including their dual allegiance to the federal nation and provincial culture. In the case of Quebec, these two identities often come into conflict with each other. Quebec nationalist sentiment which manifests itself through threats of sovereignty and demands for constitutional recognition, through negotiation with the federal government, has characterized the nature of Canadian federalism. Quebec has already been greatly accommodated and is privileged in the federal system in comparison to the other provinces. Moreover, the failure of the Liberal governments to create a pan-Canadian identity that Quebec accepts, as well as the Conservatives’ failed attempts to modify the constitution, demonstrate the inability for constitutional reform to recognize Quebec as distinct throughout the past fifty years of Canadian federal relations [...]


Author(s):  
Laura DÍEZ BUESO

LABURPENA: Herriaren Defendatzailea Espainiako ordenamenduan sortu zenetik hogeita hamar urtetik gora igaro diren honetan, artikulu honek haren diseinu konstituzionala berriz taxutzea proposatzen du bi irizpideok oinarri hartuta: alde batetik, gure sistema instituzionalaren beharretara gehien egokitzen den Ombudsman eredua; bestetik, Defendatzaileak nola bete duen eskubideen bermatzaile-eginkizuna. Hortik abiatuta, erreforma-proposamenak bi ataletan biltzen dira. Lehendabizikoan, funtsezkoak izateagatik, Herriaren Defendatzailearen balizko erreforma konstituzionalean nahitaez kontuan hartu beharko liratekeen ezaugarriak jasotzen dira; haien artean, azpimarratzekoa da hura aukeratzeko gehiengoaren eta haren agintaldiaren iraupenaren zehaztapena. Bigarren atalean, erreforma konstituzionalean Estatuko erakundeak ahalik gehiena arautzea aukeratuko balitz, zer ezaugarri gehitzea komeniko litzatekeen jasotzen da; haien artean, erregelamendu-autonomia eta ofiziozko espedienteak abiarazteko duten ahalmena nabarmentzen dira. RESUMEN: Tras más de treinta años desde la incorporación del Defensor del Pueblo al ordenamiento español, este artículo propone una reformulación de su diseño constitucional partiendo de dos criterios: por un lado, cuál es hoy el modelo de Ombudsman que más se ajusta a las necesidades de nuestro sistema institucional; y, por otro, la forma en que el Defensor ha desarrollado su función como garante de derechos. A partir de aquí, las propuestas de reforma se agrupan en dos apartados. El primero dedicado a aquellos caracteres que, por su carácter esencial, deberían incluirse necesariamente en una eventual reforma constitucional del Defensor del Pueblo; entre ellos destaca la concreción de las mayorías para elegirlo y la duración de su mandato. El segundo apartado recoge los rasgos que convendría incorporar si la opción de la reforma constitucional fuera la de concretar al máximo la regulación de las instituciones estatales; entre ellos sobresale la autonomía reglamentaria y su capacidad para iniciar expedientes de oficio. ABSTRACT: After more than thirty years since the inclusión of the Ombudsman within the Spanish legal order, this article proposes a new design as of two criteria: on the one hand, which model of Ombudsman approaches nowadays better to the necessities of our institutional system; and on the other hand, the way by which the Ombudsman has developed its activities as guarantor of rights. From this point on, the proposals for reform can be put into two parts. The first one devoted to those features that due to its essential nature should necessarily be included in a prospective constitutional reform of the Ombudsman; among them it stands out the majorities required for the selection of the Ombudsman and the length of its office. The second part reflects the characteristics that should have if the option for the constitutional amendment would be to specify to the maximum the regulations of the State institutions; among them the statutory autonomy and its capacity to open administrative files.


1975 ◽  
Vol 26 ◽  
pp. 395-407
Author(s):  
S. Henriksen

The first question to be answered, in seeking coordinate systems for geodynamics, is: what is geodynamics? The answer is, of course, that geodynamics is that part of geophysics which is concerned with movements of the Earth, as opposed to geostatics which is the physics of the stationary Earth. But as far as we know, there is no stationary Earth – epur sic monere. So geodynamics is actually coextensive with geophysics, and coordinate systems suitable for the one should be suitable for the other. At the present time, there are not many coordinate systems, if any, that can be identified with a static Earth. Certainly the only coordinate of aeronomic (atmospheric) interest is the height, and this is usually either as geodynamic height or as pressure. In oceanology, the most important coordinate is depth, and this, like heights in the atmosphere, is expressed as metric depth from mean sea level, as geodynamic depth, or as pressure. Only for the earth do we find “static” systems in use, ana even here there is real question as to whether the systems are dynamic or static. So it would seem that our answer to the question, of what kind, of coordinate systems are we seeking, must be that we are looking for the same systems as are used in geophysics, and these systems are dynamic in nature already – that is, their definition involvestime.


Author(s):  
Camelia Suleiman

Arabic became a minority language in Israel in 1948, as a result of the Palestinian exodus from their land that year. Although it remains an official language, along with Hebrew, Israel has made continued attempts to marginalise Arabic on the one hand, and secutise it on the other. The book delves into these tensions and contradictions, exploring how language policy and language choice both reflect and challenge political identities of Arabs and Israelis. It combines qualitative methods not commonly used together in the study of Arabic in Israel, including ethnography, interviews with journalists and students, media discussions, and analysis of the production of knowledge on Arabic in Israeli academia.


Author(s):  
Zimmatul Liviana

The research grammatical interference in a collection ofshort stories Biarkan Aku Memula iwork Nurul F. Hudaisa collection ofshort storiesset in the back that Is start work Let Nurul F. Huda contains many grammatical interference.The problem of this   study were(1)how   the various morphologi calinterference containedin   a   collection of short stories Biarkan Aku Memulai work Nurul F. Huda. (2)how the various syntactic interference contained in a collection of short stories Biarkan Aku Memulai work Nurul F. Huda. The purposeof this studyis to describe the morphological and         Syntactic interference contained in a collection of short stories Biarkan Aku Memulai work Nurul F. Huda. Sociolinguistics is the study of language variation and use in society. Interference is the event of the use of language elements of one into the other language elements that occur in the speakers themselves. This research uses descriptive qualitative method because to describe the actual realityin order to obtainan accurateand objective. Qualitative descriptive methods were used to analyzethe elements ofa word orphrase that incorporated elements of other languages with the analysis and description of the formulation of the problem is the answer. Data collection techniques using observation techniques, the determination ofthe object of research, the selection of short stories.Based on the analysis of the data in this study can be found that there are six forms of interference morphology, namely (1) the prefix nasal N-sound, (2) the addition of the suffix, (3) the exchange prefix, (4) exchange suffixes, (5) exchange konfiks, (6) removal affixes. While the syntactic interference only on the words and phrases in a sentence. The results of the study it can be concluded that the interference morphology more common than syntactic interference.


Author(s):  
Yochai Benkler ◽  
Robert Faris ◽  
Hal Roberts

This chapter presents a model of the interaction of media outlets, politicians, and the public with an emphasis on the tension between truth-seeking and narratives that confirm partisan identities. This model is used to describe the emergence and mechanics of an insular media ecosystem and how two fundamentally different media ecosystems can coexist. In one, false narratives that reinforce partisan identity not only flourish, but crowd-out true narratives even when these are presented by leading insiders. In the other, false narratives are tested, confronted, and contained by diverse outlets and actors operating in a truth-oriented norms dynamic. Two case studies are analyzed: the first focuses on false reporting on a selection of television networks; the second looks at parallel but politically divergent false rumors—an allegation that Donald Trump raped a 13-yearold and allegations tying Hillary Clinton to pedophilia—and tracks the amplification and resistance these stories faced.


Author(s):  
D. Josephine Selvarani Ruth

AbstractNickel Titanium Naval Ordinance Laboratory (NiTiNOL) is widely called as a shape memory alloy (SMA), a class of nonlinear smart material inherited with the functionally programmed property of varying electrical resistance during the transformation enabling to be positioned as a sensing element. The major challenge to instrument the SMA wires is to suppress the wires’ nonlinearity by proper selection of two important factors. The first factor is influenced by the mechanical biasing element and the other is to identify the sensing current for the sensing device (SMA wires + biasing). This paper focuses on developing SMA wires for sensing in different orientation types and configurations by removing the non-linearity in the system’s output by introducing inverse hysteresis to the wires through the passive mechanical element.


Sensors ◽  
2021 ◽  
Vol 21 (10) ◽  
pp. 3311
Author(s):  
Riccardo Ballarini ◽  
Marco Ghislieri ◽  
Marco Knaflitz ◽  
Valentina Agostini

In motor control studies, the 90% thresholding of variance accounted for (VAF) is the classical way of selecting the number of muscle synergies expressed during a motor task. However, the adoption of an arbitrary cut-off has evident drawbacks. The aim of this work is to describe and validate an algorithm for choosing the optimal number of muscle synergies (ChoOSyn), which can overcome the limitations of VAF-based methods. The proposed algorithm is built considering the following principles: (1) muscle synergies should be highly consistent during the various motor task epochs (i.e., remaining stable in time), (2) muscle synergies should constitute a base with low intra-level similarity (i.e., to obtain information-rich synergies, avoiding redundancy). The algorithm performances were evaluated against traditional approaches (threshold-VAF at 90% and 95%, elbow-VAF and plateau-VAF), using both a simulated dataset and a real dataset of 20 subjects. The performance evaluation was carried out by analyzing muscle synergies extracted from surface electromyographic (sEMG) signals collected during walking tasks lasting 5 min. On the simulated dataset, ChoOSyn showed comparable performances compared to VAF-based methods, while, in the real dataset, it clearly outperformed the other methods, in terms of the fraction of correct classifications, mean error (ME), and root mean square error (RMSE). The proposed approach may be beneficial to standardize the selection of the number of muscle synergies between different research laboratories, independent of arbitrary thresholds.


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