In this article, I consider a curious blind spot in constitutional scholarship concerning the resurging rural/urban divide—a readily evident phenomenon closely associated with political resentment and anti-establishment sentiments—and how we may begin to address that challenge through creative constitutional designs. Specifically, I draw upon insights from comparative constitutionalism to discuss four main areas of constitutional law and theory that appear to hold some intellectual promise in this context: formal constitutional commitment at the national level to recognizing (...) the urban/rural divide and commitment to addressing it; creative electoral system designs that take into account the spatial dimension of politics; spatial pluralization based on concepts such as “mixed constitutions,” “community standards,” and “margin of appreciation”; and rethinking elements of equalization and fiscal federalism more generally. Taken together, the four directions I discuss here offer a repertoire of constitutional design possibilities that hold promise in mitigating the resurging rural/urban gulf. More generally, they serve as an invitation to constitutional thinkers to shake up the rather stagnant constitutional thought of spatial governance, and to think creatively about the ever-expanding urban/rural divide and its consequences for the theory and practice of 21st century constitutional democracy. (shrink)

We study a class of representation mechanisms, based on reports made by a random subset of agents, called representatives, in a collective choice problem with quasi-linear utilities. We do not assume the existence of a common prior probability describing the distribution of preference types. In addition, there is no benevolent planner. Decisions will be carried out by an individual who cannot be assumed impartial, a self-interested executive. These assumptions impose new constraints on Mechanism Design. A robust mechanism is defined (...) as maximizing expected welfare under a vague prior probability distribution, and over a set of mechanisms which is at the same time immune from opportunistic manipulations by the executive, and compatible with truthful revelation of preferences by representatives. Robust mechanisms are characterized and their existence is shown. Sampling Groves mechanisms are shown to be robust. (shrink)

James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic , Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of time and (...) which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lays out a substantive conception of the public interest that emphasizes the power of institutions to shape our political, economic, and civic lives. Elkin argues that his theory should guide us toward building a commercial republic that is rooted in a politics of the public interest and the self-interest of the middle class. He then recommends specific reforms to create this kind of republic, asserting that Americans today can still have the lives a commercial republic is intended to promote: lives with real opportunities for economic prosperity, republican political self-government, and individual liberty. (shrink)

This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, (...) it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability. (shrink)

Events in both Eastern Europe and the former USSR illustrate the intimate connection between economic and political processes. Those events also remind us that political and economic institutions are human creations, and that when those institutions are poorly designed, political-economic failure is a direct consequence. It is axiomatic, then, that the transition to stable and prosperous societies in those former Communist states requires careful attention to the design and implementation of democratic institutions.

The strengths and weaknesses of federalism have been debated for centuries. But one major possible advantage of building decentralization and limited government into a constitution has been largely ignored in the debate so far: its potential for reducing the costs of widespread political ignorance. The argument of this paper is simple, but has potentially important implications: Constitutional federalism enables citizens to “vote with their feet,” and foot voters have much stronger incentives to make well-informed decisions than more conventional ballot (...) box voters. The informational advantage of foot voting over ballot box voting suggests that decentralized federalism can increase citizen welfare and democratic accountability relative to policymaking in a centralized unitary state.Ballot box voters have strong incentives to be “rationally ignorant” about the candidates and policies they vote on because the chance that any one vote will have a decisive impact on an electoral outcome is vanishingly small. For the same reason, they also have little or no incentive to make good use of the information they do possess. By contrast, “foot voters” choosing a jurisdiction in which to reside have much stronger incentives to acquire information and use it rationally; the decisions they make are individually decisive. (shrink)

We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when (...) gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design. (shrink)

The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document’s implicit moral assumptions as he revisits the notion that constitutions are more than merely practical institutional arrangements. In _Uncovering the Constitution’s Moral Design_, he seeks to reveal, elaborate, and then evaluate the Constitution’s normative framework to determine whether it is philosophically sound—and whether it makes moral assumptions that correspond to reality. Rejecting the standard approach of the (...) intellectual historian, DeHart for the first time in constitutional theory applies the method of inference to the best explanation to ascertaining our Constitution’s moral meaning. He distinguishes the Constitution’s intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of sovereignty, the common good, natural law, and natural rights. He then argues that the Constitution constrains popular sovereignty in a way that entails a real common good, transcendent of human willing and promotive of human well-being, but he points out that while the Constitution presupposes a real common good, it also implies a natural law that prescribes the common good. In critiquing previous attempts at describing and evaluating the Constitution’s normative framework, DeHart demonstrates that the Constitution’s moral framework corresponds largely to classical moral theory. He challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody and offers a groundbreaking methodology that can be applied to uncovering the normative framework of other constitutions as well. This cogently argued study shows that the Constitution presupposes a natural law to which human law must conform, and it takes a major step in resolving current debates over the Constitution’s normative framework while remaining detached from the social issues that divide today’s political arena. _Uncovering the Constitution’s Moral Design_ is an original approach to the Constitution that marks a significant contribution to understanding the moral underpinnings of our form of government. (shrink)

Though nominally exercised on behalf of private citizens, constitutional judicial review does perform an insurance function for politicians who expect to lose power in future elections. This paper discusses the various dimensions of institutional design of constitutional courts and argues that the extent and power of judicial review can be expected to increase relative to the degree of political uncertainty at the time of constitutional design. The paper then develops a simple empirical test of this (...) hypothesis using data from Eastern Europe, regressing measures for various aspects of court design on the strength of the largest party in the legislature. The paper shows that the design of constitutional courts reflects the interests of the dominant political parties and that independent and powerful courts are associated with situations of divided or deadlocked politics. (shrink)

The design of new constitutions is fraught with challenges on both issues of structural design and individual rights. As both a descriptive and normative matter it is exceedingly difficult to believe that one structural solution will fit all cases. The high variation in nation size, economic development, and ethnic division can easily tilt the balance for or against a Presidential or Parliamentary system, and even within these two broad classes the differences in constitutional structure are both large (...) and hard to measure. The only confident claim is that some system of separation of powers coupled with checks and balances is needed. Deciding which system, however, is far harder. In contrast, that same level of doubt does not arise in connection with the correct specification of individual right. Strong systems of negative rights on matters of liberty, property, religion, and speech are preferable across a wide range of social organizations. On the other hand, any effort to create systems of positive entitlements will fail because of the negative effects that they have on wealth creation and the inability to define or limit the scope of the relevant entitlements. (shrink)

One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the praxeological a (...) priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (shrink)

Legal and political controversies persist about the performance of Kelsenian-type constitutional courts in democratic systems. One of the reasons is that the design of these institutions cannot easily accommodate simultaneous but conflicting demands for the strong protection of democracy and human rights, judicial independence and constitutional restraint. Challenging the dominant approach to the design of contemporary constitutional courts, this article proposes a new way to balance these three values through reforms to the structure of Kelsenian (...) institutions. The proposal seeks to institutionalize constitutional restraint, embedding it into courts’ internal functioning rules while, concurrently, emancipating constitutional judges from political control through a reform of appointment procedures. It is argued that the combined effects of these two reforms will produce constitutional courts that are more independent and able to protect the core elements of a democratic political community while, at the same time, increasing constitutional deference to the democratically elected legislator. (shrink)

The first part of this paper argues that if Craver’s ([2007a], [2007b]) popular mutual manipulability account (MM) of mechanistic constitution is embedded within Woodward’s ([2003]) interventionist theory of causation--for which it is explicitly designed--it either undermines the mechanistic research paradigm by entailing that there do not exist relationships of constitutive relevance or it gives rise to the unwanted consequence that constitution is a form of causation. The second part shows how Woodward’s theory can be adapted in such a way that (...) (MM) neither undermines the mechanistic paradigm nor reduces constitution to causation. However, it turns out that this modified theoretical embedding of (MM) makes it impossible to produce empirical evidence for constitutive relations. The paper ends by suggesting an additional criterion, the fat-handedness criterion, which, when combined with (MM), generates indirect empirical evidence for constitutive relevance. (shrink)

En este trabajo propongo realizar un recorrido acerca de la utilización del concepto de mito en la obra de Carlos Astrada. En primer lugar analizaré sus obras tempranas en donde el filósofo encuentra en la Revolución Rusa la expresión del mito de la humanidad que ha emergido para llevar a ésta hacia su plenitud. Luego tomaré en consideración su obra El Mito Gaucho, la cual constituye una interpretación del Martín Fierro como expresión del mito de los argentinos. Seguidamente me referiré (...) a las obras en donde Astrada amplía su proyección hacia toda Latinoamérica buscando las raíces mitológicas en las culturas arcaicas de nuestro continente. Finalmente daré cuenta de la relación que establece entre mito y utopía en sus últimos escritos. In this work I propose to show the utilization of the concept of myth in the Carlos Astrada´s work. First, I will analyze his early works where the philosopher finds in the Russian Revolution the expression of the humanity´s myth. Later, I will take in consideration his work El Mito Gaucho, which constitutes an interpretation of Martín Fierro as expression of the argentinien´s myth. Continuously, I will refer to the works in where Astrada extends his projection towards the whole Latin America looking for the mythological roots in the archaic cultures of our continent. Finally I will show the relation that he establishes between myth and Utopia in his last writings. (shrink)

Constitutional political economy addresses four questions: the causal question: What explains the constitutional institutions we observe? the consequential question: What consequences do constitutional institutional have? the ideal question: What constitutional institutions does justice require? and the design question: What constitutional institutions are best for a polity given the constraints imposed by its current situation? Answers to the ideal and design questions require a theory of behavior that predicts how individuals will behave within (...) class='Hi'>constitutional institutions. Analysts usually assume that this theory of behavior corresponds to the explanatory theory developed to answer the second, consequential question. This essay argues that the assumption of rational self-interested behavior as the basis for a behavioral theory is not justified. (shrink)

Emerging technologies such as cloud computing, augmented and virtual reality, artificial intelligence and robotics, among others, are transforming the field of manufacturing and industry as a whole in unprecedent ways. This fourth industrial revolution is consequentially changing how operators that have been crucial to industry success go about their practices in industrial environments. This short paper briefly introduces the notion of the Operator 4.0 as well as how this novel way of conceptualizing the human operator necessarily implicates human values in (...) the technologies that constitute it. Similarly, the design methodology known as value sensitive design (VSD) is drawn upon to discuss how these Operator 4.0 technologies can be design for human values and, conversely, how a potential value-sensitive Operator 4.0 can be used to strengthen the VSD methodology in developing novel technologies. (shrink)

This book examines the conceptual contributions of constituent representatives in Spain during the nineteenth and twentieth centuries. The Spanish Parliament has been the stage for the political modernisation of the country. Constitutional debates have historically led to the gradual acknowledgement and broadening – usually unevenly – of citizens’ rights. At the same time, constitutional debates have created opportunities to design institutions and settle legal mechanisms to enforce rights and distribute state resources. The book identifies and analyses rhetorical (...) and conceptual innovations produced in such debates from a historical perspective. (shrink)

Constitutions are not just legal texts but form a narrative with an engaging plot, a hierarchy of actors and a distinct ideology. They can be read and interpreted as literary texts. The four constitutions in 20th century Russia can be attributed to specific genres. Moreover, they interact closely with the official culture of their time. The constitutions serve an important task in the cultural self-definition of Russian society which as a rule occurred in moments of ideological crisis. The case of (...) Russia is especially intriguing since the Utopian project of a just society needed in every stage of its evolution a new convincing design which was able to guarantee the citizens' loyalty to the state. (shrink)

Design for Values (DfV) philosophies are a series of design approaches that aim to incorporate human values into the early phases of technological design to direct innovation into beneficial outcomes. The difficulty and necessity of directing advantageous futures for transformative technologies through the application and adoption of value-based design approaches are apparent. However, questions of whose values to design are of critical importance. DfV philosophies typically aim to enrol the stakeholders who may be affected by (...) the emergence of such a technology. However, regardless of which design approach is adopted, all enrolled stakeholders are human ones who propose human values. Contemporary scholarship on metahumanisms, particularly those on posthumanism, have decentred the human from its traditionally privileged position among other forms of life. Arguments that the humanist position is not (and has never been) tenable are persuasive. As such, scholarship has begun to provide a more encompassing ontology for the investigation of nonhuman values. Given the potentially transformative nature of future technologies as relates to the earth and its many assemblages, it is clear that the value investigations of these design approaches fail to account for all relevant stakeholders (i.e., nonhuman animals). This paper has two primary objectives: (1) to argue for the cogency of a posthuman ethics in the design of technologies; and (2) to describe how existing DfV approaches can begin to envision principled and methodological ways of incorporating non-human values into design. To do this, the paper provides a rudimentary outline of what constitutes DfV approaches. It then takes up a unique design approach called Value Sensitive Design (VSD) as an illustrative example. Out of all the other DfV frameworks, VSD most clearly illustrates a principled approach to the integration of values in design. (shrink)

In this article, I explore the promise and pitfalls of medium as environment by tracking the twin developments of environmental thinking and set design in China, considering it as a problematic of epistemology, technology, and aesthetics. I treat huanjing (environment) as a neologism, a new episteme, a dispositif, and a mode of power, taking set design as the companion medium that reconnects art and technology, aesthetics and politics. Reconceptualizing set, design, and environment at the intersection of industrial (...) design and progressive education, I focus on modernist and propagandistic practice of set design in China in the 1930s and ’40s, moving from set design in film and theater to the design and practice of human/environment that constitutes the landscape of the social. How these aesthetic and technical experiments rework the social will help us reconfigure the human in the reassemblage of our medium/environment complex. (shrink)

Designing complex products involves working with uncertainties as the product, the requirements and the environment in which it is used co-evolve, and designers and external stakeholders make decisions that affect the evolving design. Rather than being held back by uncertainty, designers work, cooperate and communicate with each other notwithstanding these uncertainties by making assumptions to carry out their own tasks. To explain this, the paper proposes an adaptation of Kendall Walton’s make-believe theory to conceptualise designing as playing games of (...) make-believe by inferring what is required and imagining what is possible given the current set of assumptions and decisions, while knowing these are subject to change. What one is allowed and encouraged to imagine, conclude or propose is governed by socially agreed rules and constraints. The paper uses jet engine component design as an example to illustrate how different design teams make assumptions at the beginning of design activities and negotiate what can and cannot be done with the design. This often involves iteration – repeating activities under revised sets of assumptions. As assumptions are collectively revised, they become part of a new game of make-believe in the sense that there is social agreement that the decisions constitute part of the constraints that govern what can legitimately be inferred about the design or added to it. (shrink)

Constitutional politics has returned in our time in a truly dramatic way. In the last 25 years, not only in the new or restored democracies of South and East Europe, Latin America and Africa, but also in the established liberal or not so liberal democracies of Germany, Italy, Japan, Israel, New Zealand, Canada and Great Britain, issues of constitution-making, constitutional revision and institutional design or redesign have been put on the political agenda. Even in the United States, (...) given the new or renewed problems of our versions of presidentialism, federalism and electoral regime, Article V has come to be experienced as a veritable prison house, and judicial constitution-making (think of Buckley v Valejo) is often seen as much as a threat to, as the protection of, democratic mechanisms. And, most recently, in countries currently experiencing externally imposed revolutions, namely Afghanistan and Iraq, constitution-making has turned out to be a central stake in the ongoing political process. We are living in an epoch in which the nations seem to be slouching, or being prodded, toward Philadelphia and Americans, as the heirs of Madison and MacArthur, are sorely tempted to try teaching others the secrets of its success as a supposedly continuous 200-year-old constitutional democracy. But to be an effective teacher, it is not enough to be in a position of political-military superiority. One must first relearn to learn and even to re-learn. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the (...) assumption that contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

Scholars in science and technology studies (STS) have recently been called upon to advise governments on the design of procedures for public engagement. Any such instrumental function should be carried out consistently with STS’s interpretive and normative obligations as a social science discipline. This article illustrates how such threefold integration can be achieved by reviewing current US participatory politics against a 70-year backdrop of tacit constitutional developments in governing science and technology. Two broad cycles of constitutional adjustment (...) are discerned: the first enlarging the scope of state action as well as public participation, with liberalized rules of access and sympathetic judicial review; the second cutting back on the role of the state, fostering the rise of an academic-industrial complex for technology transfer, and privatizing value debates through increasing delegation to professional ethicists. New rules for public engagement in the United Sates should take account of these historical developments and seek to counteract some of the anti-democratic tendencies observable in recent decades. (shrink)

Many of our interactions in the twenty-first century - both good and bad - take place by means of institutions, technology, and artefacts. We inhabit a world of implements, instruments, devices, systems, gadgets, and infrastructures. Technology is not only something that we make, but is also something that in many ways makes us. The discipline of ethics must take this constitutive feature of institutions and technology into account; thus, ethics must in turn be embedded in our institutions and technology. The (...) contributors to this book argue that the methodology of 'designing in ethics' - addressing and resolving the issues raised by technology through the use of appropriate technological design - is the way to achieve this integration. They apply their original methodology to a wide range of institutions and technologies, using case studies from the fields of healthcare, media and security. Their volume will be important for philosophical practitioners and theorists alike. (shrink)

Is it possible to advance democracy by empowering ordinary citizens to make key decisions about the design of political institutions and policies? In 2004, the government of British Columbia embarked on a bold democratic experiment: it created an assembly of 160 near-randomly selected citizens to assess and redesign the province's electoral system. The British Columbia Citizens' Assembly represents the first time a citizen body has had the power to reform fundamental political institutions. It was an innovative gamble that has (...) been replicated elsewhere in Canada and in the Netherlands, and is gaining increasing attention in Europe as a democratic alternative for constitution-making and constitutional reform. In the USA, advocates view citizens' assemblies as a means for reforming referendum processes. This book investigates the citizens' assembly in British Columbia to test and refine key propositions of democratic theory and practice. (shrink)

Over forty years ago, the American philosopher and educationalist began work on what was to become a series of philosophical novels for children. As time went on, he also constructed accompanying teacher resources together with colleagues. The most popular of these works were designed for primary education and constitute what came to be known as the IAPC Curriculum for the younger years. The influence of Lipman has been immense. He taught us that philosophy is not beyond the reach of primary (...) school children when appropriately presented; that the questions of philosophy are germane to all primary school subjects; and that philosophy can be used to encourage thinking across the curriculum. Influential and instructive as these materials have been, however, they do not constitute a curriculum in the sense in which that is generally understood in school education. This paper explores both the strengths and limitations of Lipman’s pioneering effort from the viewpoint of curriculum construction in order to see what lessons can be leaned. (shrink)

This article analyses the constitutional crisis that was triggered in Chile by the events of 18 October 2019. The purpose is to explain the link between the constitution and social unrest and to explore whether a constituent process, such as the one designed in Chile, has the potential to address the unrest that produced it. The failed experience of Bachelet’s constituent process and the Latin American reform processes of the last thirty years show the threats and challenges of the (...) future Chilean constitution. (shrink)

The Iraqi constitution of 2005 grants freedom of religious thought, belief and practice for all religions. This study was also based on the premise that the constitutional rights are not adhered to in Iraq, even by government officials, which could be due to the absence of suitable legislations subsequent to the framing of the constitutional provisions. An analytical and descriptive research design was adopted for this study. Data was collected from primary and secondary sources through documentation research (...) and evaluation of historical sources. The primary data comprised Articles of the Iraqi constitution, and a few national and international legal instruments related to religious freedom. Secondary data included empirical research studies, books, articles and other published sources. This study therefore took the form of an empirical legal research as it involved the issues of constitutional reforms in the field of religious freedom. A comparative approach was adopted in analyzing the documents about religion and politics related to both the Arab region and the West. The focus was on the measures that should be adopted to advance the dialogues of religious freedom and maintain religious neutrality in all government policies. The study found out that there were apparent contradictions between the constitutional provisions and the State Laws. Similarly, the Iraqi civil and penal codes remain silent regarding legal remedies for the violation of constitutional provisions. (shrink)

An experimental paradigm that purports to test young children’s understanding of social norms is examined. The paradigm models norms on Searle’s notion of a constitutive rule. The experiments and the reasons provided for their design are discussed. It is argued that the experiments do not provide direct evidence about the development of social norms and that the concepts of a social norm and constitutive rule are distinct. The experimental data are re-interpreted, and suggestions for how to deal with the (...) present criticism are presented that do not require abandoning the paradigm as such. Then the conception of normativity that underlies the experimental paradigm is rejected and an alternative view is put forward. It is argued that normativity emerges from interaction and engagement, and that learning to comply with social norms involves understanding the distinction between their content, enforcement, and acceptance. As opposed to rule-based accounts that picture the development of an understanding of social norms as one-directional and based in enforcement, the present view emphasizes that normativity is situated, reciprocal, and interactive. (shrink)

Purpose The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017. Design/methodology/approach Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament. Findings The results of the study indicated that there were media laws articles that did not conform (...) to the international laws and United Nations treaties, which the Libyan Parliament committee approved. Another finding from the journalists was the Constitution should provide and guarantee press freedom, while media laws articles approved to put a paragraph about “censorship” in the press and media as a tool to silence government opposition. In addition, journalists indicated future constitution should redraft Article 38 to conform with Article 19 of the “International Covenant on Civil and Political Rights,” to support the “principles of freedom of expression and information” without control. Moreover, Article 46 needs to be changed and linked to the “provisions of international law on the right of information access” to improve the access and dissemination of information in the media. Practical implications Redrafting the constitution articles in the future can be summarised as follows: First, the Libyan Constitution should provide and guarantee press freedom without any censorship and include clear articles to protect journalists in conflict zones. Second, Articles 37,132 and 38, about “freedom of information and publication,” need to be redrafted to link with Article 19 of the “International Covenant on Civil and Political Rights,” to support the principles of freedom of expression and information, and the use of this right must not be subject to prior control. Third, Article 46 needs to be changed and linked to the provisions of “International law on the Right of Access to Information” to improve access and dissemination of information in the media to protect confidentiality sources. The most important articles should be implemented because after the Arab Spring revolutions, there was a transitional period in societies and a change in the constitutions of Tunisia and Egypt. They developed legal articles about media freedom so that Libya resembles other Arab countries. From that point, the journalists recommended that all information should be protected from government interference to ensure transparency, combat corruption and protect independent journalists. These articles will open the way to add more development articles to media freedom rules in the Journalists’ Syndicate. Fourth, there are also various types of threats encountered by journalists in their work. In pursuit of their right and freedom of expression, they recommended that Libya must establish an independent self-regulatory media that are free from political and economic influence. Fifth, journalists need licenses for them to work through the syndicate. The new syndicate should play an active role to safeguard the rights of journalists, activists and media entities to carry out their work and end the self-censorship. Sixth, the constitution should also add articles to end the impunity and change the articles in the penal code. Overall, the journalists covering the conflict and war are encountering threats, violence and imprisonment. As a result, Libyan journalists must seek new legislation to defend independent journalism and freedom of expression in their deeply divided country. In addition, they need to have a strong central authority to defend journalists and journalism in wartime, where journalists are regularly threatened, abducted and sometimes killed. Also, the Libyan Journalists Syndicate should stress the importance of the media’s self-regulation to guarantee their rights to freedom of expression, grant their readers’ respect and minimise government’s interference. Finally, they need to develop new laws to grant media freedom from regulations and restrictions, as well as defend and promote democracy, the citizens’ right to be informed, as well as their right to discuss and disseminate information. There is also the need to implement articles in the constitution, articles about the protection of political speech, which would be specific enough to differentiate between what is legally permitted and what may be ethically offensive. Originality/value This study will help the new Libyan parliament after the legislative elections on 24 December 2021 to amend the media laws articles in the constitution. (shrink)

This paper explores the political awakening of the Chilean people that began in October 2019. It puts forward an alternative reading of the people’s claim for a new constitution. The first section briefly describes the October outcry and provides some context with regards to the nature of the social movement at its root. The two following sections examine two periods in Chilean recent history, the Pinochet regime and the period that has come after its overturn, focusing on two elements: the (...) neoliberal model set up by the dictatorship and the Constitution of 1980, which was designed to block the people’s political agency for the purpose of protecting the model. The final section works with these two elements in order to provide an alternative scheme by which to examine Chile’s awakening, the central question being: what does the claim for a new constitution mean? And critical for these purposes: what constitution is being overturned? Pinochet’s political project distorted constitutional ideas in such a way that only by clarifying the conceptual horizon is it possible to visualize how the concept of constitution and its relationship with the idea of a constituent power of the people can be of help to understand Chile’s constitutional awakening. (shrink)

Contemporary political discourse is marked with the language of democracy, and Western countries in particular seek to promote democracy at home and abroad. However, there is a sublimated conflict in general political discourse between a desire to rely on alleged political experts and a desire to assert the supposed common sense of all men. Can the struggle between the democratic and aristocratic values embodied in this conflict be reconciled? The question is perennial, and raises issues that are central to (...) class='Hi'>constitutional design. Aristotle, developing in significant ways insights made by his teacher Plato, grapples with it in his Politics. Aristotle's views on these matters are relevant—by way of the American Founders'—to contemporary American politics and modern democracies generally. During the eighteenth century, the Founders, some of whom explicitly reached back to Aristotle's work, also struggled—especially in The Federalist Papers—with these thorny issues of constitutional design. They created the U.S. Constitution in part to address these very same problems and issues. We are living in some ways, then, in the shadow of Aristotle's political theorizing, albeit as transposed by the American Founders. Both Aristotle and some of the American Founders theoretically favor aristocracy over democracy, but concede that in practice a blend of the two has to be integrated into the fundamental structure of political society. We need to reconnect with these important political discussions in order to come to terms with aristocratic and democratic values in our current circumstances. Footnotesa I am grateful to Fred Miller and David Keyt for many helpful suggestions and thoughtful questions throughout the editing process. I would also like to thank Irfan Khawaja for valuable feedback on an earlier version of this essay. (shrink)

While "scientism" is typically regarded as a position about the exclusive epistemic authority of science held by a certain class of "cultured despisers" of "religion", we show that only on the assumption of this sort of view do purportedly "scientific" claims made by proponents of "intelligent design" appear to lend epistemic or apologetic support to claims affirmed about God and God's action in "creation" by Christians in confessing their "faith". On the other hand, the hermeneutical strategy that better describes (...) the practice and method of Christian theologians, from the inception of theological reflection in the Christian tradition, acknowledges the epistemic authority of the best available tests for truth in areas of human inquiry such as science and history. But this strategy does not assume that such tests, whose authority must be regarded as provisional, provides authority for the warrant of affirming claims constituting the confessed "faith". By attributing theological import to claims advanced by appeal to the best available tests for truth in the practice of science, supporters of ID not only confuse the epistemic authority of these tests with the normative authority of a faith community's confessional identity, but impute to scientific tests for truth a sort of authority that even goes beyond the "methodological naturalism" against which they counterpose their claims. (shrink)

Designing a pension system is both a complex endeavor and a long lasting legacy. Complexity stems from the many trade-offs that conceiving a pension system entail and from how these initial decisions affect the social and economic behavioral responses of workers and retirees. Policy-makers planning a pension system have to evaluate its internal economic consistency, but also these feedbacks. Economic and demographic models that allow a quantitative evaluation of these costs and benefits are required. More than ever at the initial (...) stage of design, since pension systems are persistent. Yet, pension systems are not monolith, but living entities that change over time. Some of these modifications are produced by individuals’ reactions to incentives built in the system, and need to be foreseen during the initial planning. Other changes are induced by reform measures and constitute the policy responses to unpredicted exogenous shocks – such as population aging. Re-designing the pension system to cope with new demands, while being limited by existing constraints, is a difficult task. Recent reforms of the Italian pension system are discussed in detail to highlight the policy trade-offs and the economic motivations behind the decision of the reform policies. (shrink)

The discussion about relations between research and design has a number of strands, and presumably motivations. Putting aside the question whether or not design or “creative endeavour” should be counted as research, for reasons to do with institutional recognition or reward, the question remains how, if at all, is design research? This question is unlikely to have attracted much interest but for matters external to Architecture within the modern university. But Architecture as a discipline now needs to (...) understand research much better than in the past when ‘research’ was whatever went on in building science, history or people/environment studies. In this paper, I begin with some common assumptions about design, considered in relation to research, and suggest how the former can constitute or be a mode of the latter. Central to this consideration is an understanding of research as the production of publicly available knowledge. (shrink)

The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. Constitutional Dialogue explores dialogue's democratic significance, examines (...) its relevance to the functioning and design of constitutional institutions, and explores constitutional dialogues from an international and transnational perspective. (shrink)

The Australian moratorium on human clinical trials of xenotransplantation was lifted in December 2009. This decision follows public consultations on whether xenotransplantation should or should not proceed in Australia, which occurred in 2002 and 2004. However, the public consultation, in its design and process, did not facilitate meaningful public engagement and involvement, thus marginalising the public and devaluing their social experiences and diverse knowledges. This brief article questions what constitutes adequate public consultation, and suggests that consensus conferences or citizen (...) juries should be explored as a mechanism for meaningful public engagement for future public consultation exercises in Australia. (shrink)

How can advocates of global democracy grapple with the empirical conditions that constitute world politics? I argue that flexibility mechanisms - commonly used to advance international cooperation - should be employed to make the institutional design project of global democracy more tractable. I highlight three specific reasons underpinning this claim. First, flexibility provisions make bargaining over different institutional designs more manageable. Second, heightened flexibility takes seriously potential concerns about path-dependent institutional development. Finally, deliberately shortening the time horizons of agents (...) by employing flexibility provisions has cognitive benefits as it forces designers to focus specifically on issues of feasibility as well as desirability. I discuss a range of flexibility mechanisms and highlight the utility of sunset provisions and escape clauses. From this analysis, I build an argument for the usage of small-scale democratic experiments through which citizens have a say in global policy making. (shrink)

This article develops a discursive explanation of mixed constitution: mixed constitutional ideas and discourse generate mixed constitutional design and practice. On that base, it explores the nature, factors, and functions of the mixed constitution in Vietnam. The emergence of competing constitutional ideas (Confucian, socialist, liberal, universal) animates a constitutional discourse in which different actors adhere to different ideas. Consequently, the 2013 Constitution of Vietnam embodies a mixture of the ideas in its provisions on political institutions, (...) economy, and especially human rights. The enforcement of the constitution induces competing claims to constitutional meanings. The mixed constitution is shaped by path dependency and global diffusion of constitutional ideas. It functions as the base to constrain ideational monopoly and widen the public discourse on constitutional development. (shrink)

This article explores the role of constitutional thought in Latour’s work on cosmopolitics. It will study his non-modern proposal in the Politics of Nature (2004) and argue for a constitutional rather than political understanding. To address criticisms of being too metaphysical or unpractical, we will work out the notion of a “constitutional ecology of practices” to highlight how different practices such as politics, science, organization, but also law, all contribute to the design of the stage and (...) processes for composing a common world. Special focus will here be placed on the role of “epigrams”: practical models for ordering contributions of different practices or modes in hierarchical relationships. This renders them identifiable, mobilizable, and contestable as cross-cutting models for shaping mutual relations in concrete collaborative settings. The case of the legal regulation of robots will be presented as an example of a cosmopolitical attempt to introduce non-human entities in the common collective. We will here observe the role that epigrams play in framing, ordering and contesting the epistemic contributions of the various practices involved in this innovation ecology. This case will be used to discuss Latour’s proposals and to study non-modern constitutionalism in action. (shrink)

Constitutional paideia designates a form of constitutionalism that construes a nation’s constitution essentially in terms of ongoing processes of collective self-formation. This paper explores the notion of constitutional paideia as formulated by Hegel, who explicitly defines constitutionalism with categories of Bildung. The paper’s strategy is to present Hegel’ position in light of questions that can be raised about it. The paper advances three central theses: in spite of his historico-culturist approach to law, Hegel is a theoretician of (...) class='Hi'>constitutional paideia; despite construing constitutionalism in terms of ongoing processes of popular self-interpretation, Hegel does not vitiate the distinction between law and politics deemed so central to constitutional theory; and despite construing constitutionalism in terms of self-formative processes of a particular culture, Hegel does not jettison the normativity and trans-contextualism long associated with modern constitutional theory. The paper concludes with some observations on the contemporary significance of Hegelian constitutionalism. (shrink)

Recently, Del Ratzsch proposed a new version of the design argument. He argues that belief in a designer is often formed non-inferentially, much like perceptual beliefs, rather than formed by explicit reasoning. Ratzsch traces his argument back to Thomas Reid (1710-1796) who argues that beliefs formed in this way are also justified. In this paper, I investigate whether design beliefs that are formed in this way can be regarded as knowledge. For this purpose, I look closer to recent (...) scientific study of how design beliefs are formed. I argue that the science strongly suggest that people easily form false beliefs. As a result, design beliefs can only constitute knowledge if subjects have additional reasons or evidence for design. (shrink)

In several of John Dewey's works on education, including Democracy and Education and The School and Society, he models the ideal school after the ideal community, conceiving the former as a microcosm of the latter. More recently, James Fishkin in Democracy and Deliberation and The Voice of the People renders a deliberative poll design with an eye to making its randomly selected deliberators representative of much larger groups, and in this way microcosms of the population-at-large. Thus, the smaller group (...) deliberates as if it were the much larger population assembled together to deliberate in mass-scale citizen assemblies. Although random selection is not widely accepted as a legitimate method for selecting political representatives, it has many desirable features, the most important of which is its ability to constitute bodies that resemble, and in this sense, represent larger populations. This last notion that smaller deliberative bodies can perform as if they are the larger populations represented-which I call the 'microcosm concept'-is not distinctly American, though many commentators trace it back to the musings of John Adams and some of the Anti-Federalists. In this paper, I argue that insights derived from Dewey's model of an educational microcosm can be appropriated and employed as resources to defend Fishkin's model of a deliberative microcosm against contemporary critics, such as Robert Goodin and Cass Sunstein. Besides defending Fishkin's deliberative poll design against its critics, I also argue that a Dewey-Fishkin partnership can help to improve actual deliberative institutions. I show how the Dewey-Fishkin microcosm concept operates in an actual deliberative event: the Ontario Citizens' Assembly on Electoral Reform, whereby a group of randomly-selected citizens were assembled and charged to deliver recommendations on whether to change the existing electoral system in the Canadian province of Ontario. (shrink)

Carnap’s thought not only played a pivotal role for the development of formal semantics and modern philosophy of science, but also engendered the profound methodological reorientation that distinguishes analytical from traditional ontology. Historically and systematically, Carnap’s formal approach to category theory is the primary source of influence on the three research programs that have given analytical ontology its distinctive profile: the design of constructional systems, the investigation of the expressive power of first order theories, and the meta-linguistic reduction of (...) abstract terms. Each of these research programs takes off from Carnap’s deflation of traditional category theory as set out in the Aufbau and modified in Syntax. None of these programs, however, follow Carnap in his claim that category theory, even in the attenuated sense of a derivational systematization of cognitive contents, may ultimately be separated from metaphysics or remain metaphysically “neutral.” Carnap’s “neutralism thesis” is taken to imply the stronger “elimination thesis,” his explicit anti-metaphysical pronouncements that stand and fall with semantic verificationism. However, I will argue, first, that the neutralism thesis is historically and systematically independent of the elimination thesis. Second, unlike the elimination thesis, the neutrality claim and Carnap’s attempt to cash it out in the Aufbau is important for the methodology of contemporary ontology, at least where it follows constructivist predilections. Third, Carnap’s neutrality claim in the Aufbau is supported by an implicit conception of reality as invariance-structure. Yet, just as the structuralization of referential domains may be able to warrant neutrality, it threatens the explanatory aspirations of constitution theory. This tension between neutrality and explanatory power sheds new light on the notion of “foundedness,” Carnap’s curious restriction on the interpretation of the system’s basic relation that has struck some as outright incoherent. (shrink)