This article reveals the implications that made the Lithuanian Council to step aside allowing the Temporary Government to continue the further process of restitution of Lithuania, immediately after becoming the central constitutional state institution. Prior to that, Lithuanian (State) Council had managed to declare the independence of Lithuania on the 16th of February 1918 under extremely difficult political circumstances and established the statehood on the 2nd of November of the same year. Under the will of (...) the Vilnius conference of Lithuania that took place in autumn of 1917, all Lithuanian political streams of these days have been represented in the Lithuanian Council. However, the Council itself has not managed to save the representative ability by agreeing with the resignation of its left element and by continuing the expansion and distance from the community of Lithuania. The Council has become an institution representing the right wing of the Lithuanian community which could not ensure any greater support. (shrink)

After the Provisional Basic Law (Provisional Constitution) had been adopted on 11 March 1990, it soon became clear that it did not meet the new needs of the society and the state. It became clear that the new Constitution had to be drafted promptly. Its drafting was taking place at the time of heated discussions about various things, but especially about the structure of branches of state power, the empowerment thereof and their interrelations. The author of the article (...) was a member of the working group drafting the new Constitution. In his article, the author presents passages from the notes made by him about the sittings of the Provisional Commission for Drafting the Constitution and those of its working group. The notes disclose the variety of the views of the deputies and legal specialists and show the difficult way of emergence of the draft Constitution. This is confirmed by the time-line of drafting the Constitution. In 1990 and at the beginning of 1991, the first draft Constitutions were published, which had been drafted by the members of the societies of Lithuanian philosophers and lawyers, by the Lithuanian Democratic Labour Party, etc. Prior to the resolution of the Supreme Council of the Republic of Lithuania of 7 November 1990, a group of deputies was formed for drafting an outline of the concept of the Constitution. On 22 October 1991, the Council of the Seimas of the Lithuanian Sąjūdis Movement made a statement “On the Restoration of the Institution of the President of the Republic”. On 5 November 1991, the Supreme Council of the Republic of Lithuania adopted a Resolution “On the Development of the Lithuanian Constitutionalism”, whereas by its resolution of 10 December 1991 it formed the Provisional Commission for Drafting the Constitution. On 3 March 1992, the said Provisional Commission approved the draft Constitution that it prepared; it was submitted to the Supreme Council. Three members of the Provisional Commission had submitted alternatives to a number of articles of the Constitution. On 21 April 1992, the Supreme Council assented to the work done by the Provisional Commission and decided to publish the draft Constitution so that it could be discussed by the public. On 6 May 1992, the Lithuanian Sąjūdis Movement, the Democratic Party, the Christian Democratic Party, and the Lithuanian Nationalist Union formed a coalition for drafting an alternative draft Constitution; soon the press published the alternative draft Constitution prepared by the Sąjūdis Movement Coalition “For the Democratic Lithuania”. On 23 May 1992, the referendum on the restoration of the institution of the President of the Republic took place—that referendum did not approve the proposal. Thus, two alternative draft Constitutions appeared. The essential difference between those drafts was a different approach to the system of branches of state powers, their empowerment and their interrelation. The draft Constitution prepared by the Provisional Commission was based on the parliamentary republic form of governance, whereas in the draft prepared by the Sąjūdis Movement Coalition “For Democratic Lithuania” the model of half-presidential republic was dominant. In order to prepare a single draft Constitution, which could then be proposed for the referendum of the Nation, political and legal compromises were sought. For this purpose, the Group for the Adjustment of Constitutional Issues was formed. At the end of September and at the beginning of October 1992, one single (the so-called “compromise”) draft Constitution was prepared from the existing two alternative drafts. The Constitution of the Republic of Lithuania was adopted by the Nation in the referendum of 25 October 1992 and came into force on 2 November 1992. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind (...) the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 editions. (...) This update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

Today’s Lithuania is the historical-legal result of many processes, including the creation of the country in the thirteen century, ongoing life during five hundred years, two annexations resulting in the disappearance from the political map and two rebirths. The tradition of statehood and extended experience has greatly contributed to its survival and its ability to regain statehood in the light of the changed political, economic and social circumstances. Upon the climax of the First World War, the reinstatement of (...) the statehood of Lithuania has been influenced by favourable international situation, the popularity of the principle of nation’s free choice, and the decisive actions by the Lithuanian politicians. The relationship of the modern Lithuanian statehood with the historical state of Lithuania meant the continuity of this statehood, even though it was a multinational country. Without any other prospects upon the fall of other European empires, it has been replaced by the statehood based on national ethnicity. Together with the determination to manage the reinstated country of Lithuania according to the democratic principles, this was the main difference from the historical Lithuania. The state of Lithuania has managed to keep its own legal formal framework even though it has lost sovereignty upon annexation by the Soviet Union. The statehood has been reinstated once favourable circumstances came into place within the Union. The High Council of Lithuania has transformed from being a marionette structure forced upon by alien country into an instrument of parliamentary struggle for independence that has represented the second rebirth of the statehood of Lithuania. The formation of own law in both cases occurred by temporarily using current alien legislation that was not in conflict with the newly adopted constitutional legislation. The former has been gradually replaced by own legislation. (shrink)

The article describes the main publications of emigrant press during the period of 1945-1990. These publications reflect a significant contribution to the academic research of the constitutional development problematics of an independent Republic of Lithuania in 1918-1940, made by the emigrants who escaped Soviet aggression by going to the West. Among emigrants these topics were mostly analysed and described at the time when any possibilities of objective academic research in Lithuania were widely limited by Soviet ideology and politics. Exceptional (...) attention of emigrant authors was attracted by the democratic constitutional structure of Lithuania, established by the Constituent Assembly. The article describes the academic research made by emigrants on the main constitutional acts established by the Constituent Assembly, such as the resolution of the 15th of May, 1920, ascertaining the fact of reconstructing the independence of the state of Lithuania, as well as the Constitution of Lithuania of August the 1st, 1922. (shrink)

The paper aims at revealing the key legal and political factors that determined the organization and holding of the referendum on unconditional and urgent withdrawal of the former USSR army from the territory of the Republic of Lithuania and restitution of damage to Lithuania. It is established that the main factor was that the Supreme Council-Reconstituent Seimas of the Lithuanian Republic adopted provisions on the status of the occupation army and was constant in seeking to ensure the (...) sovereignty of the state of Lithuania throughout its territory. The position of the nations, parliaments and governments of the Republics of Estonia and Latvia was yet another circumstance that the organizers of the referendum relied upon. Their position was aimed at ensuring that as a result of negotiations, the foreign military forces return to dislocation places in its own territory. Retrospective view on the phenomena and facts of the state’s internal and foreign politics in 1991-1992 makes it impossible not to notice that negotiations with the USSR and later, with the Russian Federation, took place in a complicated political arena. While Lithuania was seeking dynamism in negotiations, the other party was finding various excuses to impede dynamic actions and thus to delay positive agreements. Taking due regard to the situation, it was believed that a decision adopted by the Nation would speed up the negotiations on foreign state’s armed forces. (shrink)

The quality of doctoral-level biochemistry (N=139), botany (N=83), cellular/molecular biology (N=89), microbiology (N=134), physiology (N=101), and zoology (N=70) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: (1) program size; (2) characteristics of graduates; (3) reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); (4) university library size; (5) research support; and (6) publication records. Chapter I discusses prior attempts (...) to assess quality in graduate education, development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the biochemistry, botany, cellular/molecular biology, microbiology, physiology, and zoology programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that cellular/molecular biology programs had, on the average, the largest number of faculty and that students in cellular/molecular biology, biology, biochemistry, microbiology, and physiology received a relatively high fraction of financial support. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

The quality of doctoral-level chemistry (N=145), computer science (N=58), geoscience (N=91), mathematics (N=115), physics (N=123), and statistics/biostatistics (N=64) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: program size; characteristics of graduates; reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); university library size; research support; and publication records. Chapter I discusses prior attempts to assess quality in graduate education, (...) development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the chemistry, computer science, geoscience, mathematics, physics, and statistics/biostatistics programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that mathematics programs had, on the average, the largest number of faculty (N=33) in December 1980 followed closely by physics (N=28) and chemistry (N=23), and that 80 percent of computer science students had job commitments by graduation. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

Today, the earth is an interconnected globe humming with electronic transmissions-a chattering planet nestled in the provident silence of space. The ethical question is whether this is contributing to authentic human development and helping individuals and peoples to be true to their transcendent destiny. The new media are powerful tools for education, cultural enrichment, commercial activity, political participation, intercultural dialogue and understanding. They also can serve the cause of religion. Yet the new information technology needs to be informed (...) and guided by solidarity in the service of the common good bridging the digital divide within and among nations. The value-laden message of Western secular culture to people and traditional societies in many cases ill-prepared to evaluate it leads to widespread crisis, for example, in regard to marriage and family life. This technology can be a means for solving human problems, promoting the integral development of persons, creating a world governed by justice, peace, and love. It also can help men and women in their age-old search for self-understanding. Like today's world itself, the world of media, including the Internet, has been brought by Christ, inchoately yet truly, within the boundaries of the kingdom of God and placed in service to the word of salvation. (shrink)

The political constitution, and indeed politics generally, are in need of both defending and praising. A principal objective of Martin Loughlin’s ongoing research project exploring the relationship of law to politics is to demonstrate why this is so. In Sword and Scales, Professor Loughlin has provided us with a preliminary, but nonetheless essential, statement on this theme. The structure of Loughlin’s argument in Sword and Scales will be considered in section two of this essay. Sections three and four (...) will then be concerned, respectively, with the issue of whether there is one relationship or many relationships between law and politics, and with the questions of how and why politics should best be defended and praised. Before we come to these considerations, however, we need first to discuss how views about law and politics have recently developed in public law thinking, and especially in theorizing about administrative law, and to assess how such theorizing has evolved into what Loughlin refers to as the ‘liberal legalist’ attack on politics. (shrink)

Article 14 Chapter I ‘The State of Lithuania’ of the Constitution of the Republic of Lithuania of 1992 reads as follows: ‘Lithuanian shall be the State language’. This principle is not new in the Lithuanian history of constitutionalization, as Lithuanian was the official language of the State in the interwar period but lost this status during the Soviet occupation. After 1988, when many political, economic and social changes crucial for further development of the State (...) took place in Lithuania, linguistic issues re-emerged. It was recognized back then that language played a vital role in the life of the State and the society, and the Lithuanian language was given back its status of the official language by the Constitution. The principle that Lithuanian is the official language of the State, enshrined in Article 14 of the Constitution of the Republic of Lithuania, was further elaborated by the Constitutional Court of the Republic of Lithuania in its rulings and judgments. According to its official constitutional doctrine, the Lithuanian language should be treated as a very specific constitutional value, as it forms the basis of the ethnic and cultural identity of the Lithuanian nation and is the guarantor of the national identity and survival. The status of Lithuanian as the official language means that the Lithuanian language must be used in all spheres of public life. The Court also holds that having this principle enshrined in Chapter I ‘The State of Lithuania’ of the Constitution implies that the Lithuanian language enjoys particular protection since the provisions of this Chapter may be amended only by a referendum. (shrink)

In this paper I consider the essential role that public memory plays in the establishment and maintenance of the political arena and its space of appearance. Without this space and the shared memory that allows it to appear, Hannah Arendt argues, transience and finitude would consume the excellence of word and deed—just as the "natural ruin of time" consumes its mortal performer. The modern era displays a kind of mnemonic failure, however, a situation arising not only from technological developments (...) that "outsource" memory but from several normative breakdowns that Arendt describes as characteristic of modernity. The consequence is the individual's loss of personal, living access to the community's memories, and the community's own failure to engage in the difficult choice of what counts as worthy of preservation. In failing to ask this question, however, the community abdicates responsibility for establishing the shared norms by which it will govern itself in times of crisis. (shrink)

Probably written by a student of Aristotle, The Athenian Constitution is both a history and an analysis of Athens' political machinery between the seventh and fourth centuries BC, which stands as a model of democracy at a time when city-states lived under differing kinds of government. The writer recounts the major reforms of Solon, the rule of the tyrant Pisistratus and his sons, the emergence of the democracy in which power was shared by all free male citizens, and (...) the leadership of Pericles and the demagogues who followed him. He goes on to examine the city's administration in his own time - the council, the officials and the judicial system. For its information on Athens' development and how the democracy worked, The Athenian Constitution is an invaluable source of knowledge about the Athenian city-state. For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators. (shrink)

SummaryThe problem of conquests and territorial expansion, including their interpretation, evaluation, and legitimisation, has been crucial for European national historiographies. Consequently, attempts by the Holy Roman emperors, particularly of the Saxon and Hohenstaufen dynasties, to control Italy and Burgundy were hotly debated among nineteenth-century German historians, while Poland's union with Lithuania, and the annexation of the vast territories of the east which followed, was a central topic for Polish historians of the time. Modern historians of historiography in both countries have (...) carefully analysed these narratives, emphasising their ideological and political contexts, such as their involvement in the Grossdeutsch versus Kleindeutsch controversy and the controversy between the so-called Cracow and Warsaw historical schools. In this paper I propose a comparative analysis of these two discourses which dealt with analogical issues and, as I demonstrate, developed with a parallel dynamic. Such an analysis, I argue, allows an escape from the paradigm of national exceptionalism, and the discovery of what was typical or, perhaps, constitutive of the discourse on territorial expansion of the time, instead of focusing on the uniqueness of the national context. This analysis embraces the conceptualisation, argumentation, and rhetoric of those nineteenth-century German and Polish historians discussing the expansion of the medieval Holy Empire and early-modern Poland. Moreover, it locates their interpretations within an international context of a broader Western historiographical tradition, involving issues of domination, cultural transfer, and colonialism. Finally, it examines the parallel mechanism of searching for, advocating, and perpetuating the idea of uniqueness of national history. (shrink)

The Irish Revolution was a pivotal moment of transition for Ireland, the United Kingdom, and British Empire. A constitutional crisis that crystallised in 1912 electrified opinion in Ireland whilst dividing politics at Westminster. Instead of settling these differences, the advent of the First World War led to the emergence of new antagonisms. Republican insurrection was followed by a struggle for independence along with the partition of the island. This volume assembles some of the key contributions to the intellectual debates that (...) took place in the midst of these changes and displays the vital ideas developed by the men and women who made the Irish Revolution, as well as those who opposed it. Through these fundamental texts, we see Irish experiences in comparative European and international contexts, and how the revolution challenged the durability of Britain as a global power. (shrink)

On December 5, 1963, at the end of the second session of the Second Vatican Council, a "Decree on means of public notice" was signed together with the Constitution on the Holy Liturgy. This was the first of the nine decrees issued by the Council, which expressed the views of the entire Ecumenical Church, which represented at the Council more than 2500 bishops, experts and theologians who participated in the General Assembly. Almost half of the Fathers (...) of the Council were pastors of European dioceses. There were also 379 African bishops, 300 bishops from Asia and almost a thousand from the United States at the Council. All of them - the heirs of the College of the Apostles - saw humanity entering into a new phase of dialogue through the media, and wanted to answer the question of whether the Church could use them for their development and proclamation of the Gospel. (shrink)

Multi-stakeholder initiatives have become a vital part of the organizational landscape for corporate social responsibility. Recent debates have explored whether these initiatives represent opportunities for the “democratization” of transnational corporations, facilitating civic participation in the extension of corporate responsibility, or whether they constitute new arenas for the expansion of corporate influence and the private capture of regulatory power. In this article, we explore the political dynamics of these new governance initiatives by presenting an in-depth case study of an organization (...) often heralded as a model MSI: the Forest Stewardship Council. An effort to address global deforestation in the wake of failed efforts to agree a multilateral convention on forests at the Rio Summit in 1992, the FSC was launched in 1993 as a non-state regulatory experiment: a transnational MSI, administering a global eco-labeling scheme for timber and forest products. We trace the scheme’s evolution over the past two decades, showing that while the FSC has successfully facilitated multi-sectoral determination of new standards for forestry, it has nevertheless failed to transform commercial forestry practices or stem the tide of tropical deforestation. Applying a neo-Gramscian analysis to the organizational evolution of the FSC, we examine how broader market forces and resource imbalances between non-governmental and market actors can serve to limit the effectiveness of MSIs in the current neo-liberal environment. This presents dilemmas for NGOs which can lead to their defection, ultimately undermining the organizational legitimacy of MSIs. (shrink)

The tendencies of the development of the Lithuanian criminal procedure within the recent twenty years, after Lithuania has regained its independence, are analyzed in the present article. The main factors which influence lawmaking in the sphere of criminal procedure as well as in the application of the criminal procedure norms are discussed. The constitutional imperatives and the human rights, fixed in international and the European Union agreements as the main factors determining the evolution of the law of criminal (...) procedure are reviewed. It is stated that earlier, while amending or supplementing the Code of Criminal Procedure, the utmost attention used to the drawn to the legal tradition of the state, whereas the legal norms of the modern criminal procedure must be subordinated to the principles fixed in the Constitution. After having briefly reviewed the main tendencies of the development of criminal procedure, i.e. the constitutionalization and internationalizationeuropeization, the following conclusion is drawn: the mentioned tendencies have been producing a significant impact on the evolution of the Lithuanian criminal procedure after the restoration of independence and accession to the international treaties. However, the systemic and critical viewpoint towards the impact of the European Union law on the national law of criminal procedure is still missing. (shrink)

Hannah Arendt’s On Revolution offers a critique of modern representative democracy combined with a manifesto-like treatise on council systems as they have arisen over the course of revolutions and uprisings. However, Arendt’s contribution to democratic theory has been obscured by her commentators who argue that her reflections on democracy are either an aberration in her work or easily reconcilable within a liberal democratic framework. This paper seeks to provide a comprehensive outline of Arendt’s writing on the council system (...) and a clarification of her work outside the milieu of the post-cold war return to Arendt. Her analyses bring to light a political system that guarantees civil and political rights while allowing all willing citizens direct participation in government. Framing her discussion within the language of the current renewed interest in constituent power, her council system could be described as a blending together of constituent power and constitutional form. Arendt resists the complete dominance and superiority of either element and argues that the foundation of a free state requires nothing less than the stabilisation and persistence of constituent power within an open and fluid institution that would resist either the bureaucratisation of politics or its dispersal into a revolutionary flux. Although one may conclude that her institutional suggestions are far from flawless, her political principles allow a conceptualisation of democracy in more substantial ways than current liberal political philosophy. (shrink)

Recognition of the status of family in the Constitution of the Republic of Lithuania mandates the state authorities to care and provide for the family, to ensure the family members’ constitutional rights, and to ensure respect for family life. Such duties fall on both, the legislative and executive authorities. However, the enforcement of constitutional imperatives is not straightforward. One reason for this is that the Constitution does not contain any legal definition of ‘family’ or ‘family members’. Nor does (...) the jurisprudence of the Constitutional Court of the Republic of Lithuania reveal the content of these notions. This, in turn, allows for various interpretations as to the scope of duties of state authorities and state attitude towards the family in general. In this context, the article aims to present approaches to the legal concept of family in Lithuanian legal doctrine, positive law and court practice. First, the article analyses the constitutional background of the concept of family and presents an overview of the ongoing political debate concerning this concept. Second, we analyse Lithuanian legal doctrine, scanty as it may be on this issue. Third, we examine the legislative specifics and the case law developed by the country’s highest judicial bodies with regard to the legal definition of ‘family’ and ‘family members’ in order to assess their impact on the state family policy in general. (shrink)

The article deals with the legal acts which were adopted by the Supreme Council Reconstituting the Seimas of the Republic of Lithuania on 11 March 1990, and which are related to the restoration of the independent State of Lithuania. The author discloses the chronology of the legal acts adopted on that day and investigates why some particular act was adopted first, and only later another act was passed; he investigates the circumstances which determined the content of the legal acts (...) and shows the interconnection between these acts. The sequence and content of the legal acts of restoration of independence were determined by the fact that the independent State of Lithuania could not arise from the so-called “Lithuanian SSR” which had never been a form of Lithuanian statehood. The restoration of independence could and had to be grounded only upon the continuation of the pre-war Republic of Lithuania. One had to draw a boundary line between the Supreme Soviet of the Lithuanian SSR, which was elected in democratic and free elections on 24 February 1990, and which was a genuine representation of the Nation, from the former Supreme Soviets of the Lithuanian SSR—the essence and formation procedure of which was completely different. This was done by adopting the Declaration “On the Powers of the Supreme Soviet of the Lithuanian SSR” in which it was held that in the 24 February 1990 elections the Nation vested to the deputies of the Supreme Soviet of the Lithuanian SSR the mandate and the duty to restore the State of Lithuania and express the sovereign will of the Nation through this body, which, from 11 March 1990, 6 p.m., would be referred to as the Supreme Council of Lithuania. (shrink)

This work seeks to take seriously the common philosophical claim that individual subjects are constituted by their social world. A detailed understanding this claim requires an analysis of what is involved in being a subject, of the nature of 'the social', and of the possible constitutive relationships between these. I begin with a critical history of the idea that subjects are norm-followers, and that social groups constitute individuals by demanding their conformity to norms. I trace this 'conformity theory' through the (...) thought of Rousseau, Hegel, Mead, and Althusser, to its manifestation in contemporary continental and Anglo-American philosophy. I criticize this theory for being unable to sufficiently accommodate creativity and social resistance. I go on to develop an account of subjects as not only norm-followers but also sense-makers, who have identities in virtue of their engagement in narrative dramas. Such subjects are socially constituted in at least two ways: through their 'dialogical' interactions with particular others , and through their position in a public culture which determines what counts as a meaningful possibility for action. This understanding of subjectivity allows me to develop a new account of the nature of social groups--such as groups based on gender, class and nationality--which provides an alternative to the conformity theory. Social groups contribute to individual identities not only by imposing norms, but also by providing sense-making resources, in the form of literary and artistic traditions as well as the actual lives and dramas of members. My account allows us to understand creativity and social resistance as enabled by subjects' membership in social groups, and it reveals how the internal diversity of a group can strengthen rather than compromise its role in individual identities. I end with a discussion of the political implications of my work. (shrink)

By refering to the examples of different cultural traditions, Arūnas Sverdiolas in his study Constitution and Preservation described the mechanisms that are involved in the creation of culture – constitution and preservation. The goal of this article is to show how these mechanisms operated in the reality of the Grand Duchy of Lithuania. The article analyzes the roles that the Lithuanian political society gave to legislation, upbringing, historical narratives, heroic and occasional poetry while constituting and preserving (...) itself. (shrink)

This study provides a comprehensive reinterpretation of the meaning of Locke's political thought. John Dunn restores Locke's ideas to their exact context, and so stresses the historical question of what Locke in the Two Treatises of Government was intending to claim. By adopting this approach, he reveals the predominantly theological character of all Locke's thinking about politics and provides a convincing analysis of the development of Locke's thought. In a polemical concluding section, John Dunn argues that liberal and (...) Marxist interpretations of Locke's politics have failed to grasp his meaning. Locke emerges as not merely a contributor to the development of English constitutional thought, or as a reflector of socio-economic change in seventeenth-century England, but as essentially a Calvinist natural theologian. (shrink)

In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire (...) C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level. (shrink)

The modern constitution is predominantly understood as a way of instituting and limiting power, and is expected to contribute to (societal) stability, certainty, and order. Constitutions are hence of clear sociological interest, but until recently they have received little sociological attention. I argue that this is unfortunate, as a sociological approach has much to offer in terms of a complex and historically sensitive understanding of constitutions and constitutionalism. Constitutional sociology has particular relevance in contemporary times, in which the meaning (...) of constitutions and constitutionalism is uncertain, and subject to contestation, and possible transformation. The constitutional sociology developed here is phenomenologically inspired and stresses the importance of understandings of the modern constitution as ‘embedded’ in constitutional imaginaries. Rather than as a visible and rationally designed construct, constitutional sociology understands constitutionalism as ultimately a ‘field of knowledge’. The suggestion is that this field of knowledge or ‘modern constitutional horizon’ is characterized by a tension between two ultimate markers, in terms of what Castoriadis has identified as the social imaginary significations of mastery and autonomy. Mastery and autonomy form prominent constitutional orientations, historically taking the form of solidified, instituted meanings, identified here as the modernist and the democratic imaginaries. In the last section, the two instituted constitutional imaginaries will be ‘unpacked’ in specific components (state sovereignty, absoluteness, fabrication, endurance, and distrust regarding the modernist imaginary; indeterminacy, creativity, dynamism, self-government and popular sovereignty regarding the democratic one). In conclusion, I suggest that constitutional sociology might significantly help elucidating the potential losses and heteronomous tendencies that may result from the contemporary uncertainty and possible metamorphosis that affects the modern constitution. (shrink)

In this article the author analyzes the first written constitutions adopted at the end of the eighteenth century (the Constitution of the United States of 1787, the Constitution of Polish – Lithuanian State and the Constitution of France of 1791). These constitutional acts mark the beginning of the era of constitutionalism. These are the constitutions of the first phase (‘wave’) of constitutional development, which laid the foundations for the further establishment of constitutionalism in the world. (...) The history of the first modern constitutions confirms that the nations adopt constitutions in order to protect individuals from possible abuses of state power. The essence of constitutional regulation is the restriction of this power. The three countries differ in many ways, but all had certain tradition of the restriction of powers. The first modern constitutions established the separation of powers and protected classical individual rights. They have become an example for the authors of later constitutions. These constitutions propose legal standards for constitutional development. Each of these constitutions is an original system of principles and norms. (shrink)

The article analyses the common notion that the consumer society is a reflection of those principles in the market that also provide the ideas of democracy and liberal constitutionalism with legitimacy in the political realm. The inalienable right to self-development and self-determination makes the individual the starting and ending point of life, rendering all spheres of market and society a ‘republic of choice’. But if consumer society shares the essentials of liberal constitutionalism and the rational, processual nature of (...) democratic representation, then its ontology needs to be investigated for the same reason and in the same manner as legal and political philosophy dissects the legitimacy and validity of the parliamentary institutions of modern democracy. Just as in the political philosophy of the constitutional structure of the democratic state, the question of who is sovereign is key to understanding the ontology of consumer society. But rather than simply placing sovereignty into the hands of the independent, self-determined consumer, the earliest ontologists of the consumer society took recourse to medieval political theology and presented the consumer market as a new corpus mysticum. Thus, it is medieval political theology, not modern liberal thought, which provided for an ontologization of the consumer. This, in turn, directly pertains to the questions of the legitimacy of consumer society per se, of consumer decisions in particular and of their sources of legitimacy. (shrink)

Summary. The article deals with the close link between the diminishing influence of the Moscow Patriarchate on social and political processes in Ukraine and the restoration of the Ukrainian cultural and civilizational space. Namely, the gradual deprivation of Orthodox believers of the post-imperial syndrome, including attitudes, perceptions, behavioral models, etc., associated with the stay of Ukrainians in the foreign-language and other people's mentality and culture of the empire. It is noted that the receipt of the Tomos on recognition of (...) autocephaly and the constitution of the Orthodox Church of Ukraine by Orthodox believers of Ukraine has a positive impact not only on the development of the OCU itself, but also the level of patriotism, restoration and development of the Ukrainian-speaking environment, archetypal traditions, rituals, behavior models, etc. The conclusion is about the religious aspect of promoting Ukrainian development from the Asian to the European cultural and civilizational model. (shrink)

The theory of the separation of powers between a legislature, an executive and a judiciary is still the foundation of modern representative democracy. It was developed by Montesquieu and came to replace the older theory of the mixed constitution which goes back to Plato, Aristotle and Polybios: there are three types of constitution: monarchy, oligarchy and democracy; when institutions from each of the three types are mixed, an interplay between the institutions emerges that affects all functions of state: (...) legislation, implementation of laws and jurisdiction. Today Montesquieu's separation of powers is riddled with so many exceptions that it is an obstacle rather than a help to understand the structure of modern democracy. The mixed constitution deserves to be revived as a corrective to the prevailing view that Western states are pure democracies and that democracy is rule by the people. (shrink)

The present article analyses the qualitative and quantitative parameters of the execution of foreign policy in the Constitution of the Republic of Lithuania. It should be noted that the matters of foreign policy were on the brink of constitutional regulation for a long time. The powers of institutions of the state in the field of foreign relations were established laconically by the Constitutions of first and second “waves” of establishment of constitutionalism. It was argued that the choices of decisions (...) and the execution of foreign policy were determined by political reasons and the law could only fix the results of that policy. That is why these constitutions should be seen as establishing quantitative characteristics of action of the state institutions in the field of foreign policy. As a result of the changes in the concept of the Constitution and the general recognition of the relevance of constitutional regulation from the middle of the twentieth century the constitutional acts began to define not only the powers of certain state institutions in the field of the foreign policy but also the objectives and principles of this policy. These objectives and principles are qualitative parameters of the action of state institutions, which are mandatory constitutional requirements to all subjects engaged in foreign policy. From a qualitative standpoint, the powers of the state institutions can be exercised only by taking the constitutional objectives into account and by respecting the Constitution. The Constitution establishing both qualitative and quantitative characteristics of the execution of foreign policy becomes an actual basis of this policy. It is unlawful to execute foreign policy without complying with its objectives and constitutional principles. The institutions of constitutional review have the powers to determine the constitutionality of legal acts related to the execution of foreign policy. Constitutional regulations previous to the Constitution of the Republic of Lithuania of 1992 only defined the powers of state institutions, i.e. the quantitative parameters of their action. The Lithuanian Constitution of 1992 also established the constitutional objectives and principles of foreign policy. This area of constitutional regulation has been enhanced by the participation of the Republic of Lithuania in the European Union. The author suggests analysing this matter as an autonomous constitutional principle and not only as a case of participation in international organisations or an integral element of the principle of geopolitical orientation. Constitutional objectives and principles of foreign policy, as well as the other provisions of the Constitution regarding the exercise of foreign policy, are interpreted in constitutional jurisprudence. In cases concerning the constitutionality of international treaties, laws and other legislative acts directly related to the exercise of foreign policy, the Constitutional Court reveals the content and meaning of the qualitative and quantitative constitutional parameters of foreign policy. Despite the fragmented nature of the case law one can see the precise contours of the foreign policy system. (shrink)

Several presidents have created bioethics councils to advise their administrations on the importance, meaning and possible implementation or regulation of rapidly developing biomedical technologies. From 2001 to 2005, the President's Council on Bioethics, created by President George W. Bush, was under the leadership of Leon Kass. The Kass Council, as it was known, undertook what Adam Briggle describes as a more rich understanding of its task than that of previous councils. The council sought to understand what it (...) means to advance human flourishing at the intersection of philosophy, politics, science, and technology within a democratic society. Briggle's survey of the history of U.S. public bioethics and advisory bioethics commissions, followed by an analysis of what constitutes a "rich" bioethics, forms the first part of the book. The second part treats the Kass Council as a case study of a federal institution that offered public, ethical advice within a highly polarized context, with the attendant charges of inappropriate politicization and policy irrelevance. The conclusion synthesizes the author's findings into a story about the possible relationships between philosophy and policy making. "Adam Briggle has written a rich and sympathetic account of the President's Council on Bioethics led by Leon Kass. It puts in historical context the efforts of this council to move beyond the limited 'instrumentalist' approaches to bioethics taken by earlier commissions, toward a more philosophically serious effort to deliberate on the human goods put in play by modern biomedicine. In the process it answers many of the charges of politicization and corrects the record concerning the council's work." --_Francis Fukuyama, The Johns Hopkins School of Advanced International Studies_ "What an eloquent, humane, and wise book. Briggle discovers an imperfect yet fascinating effort to bring the world of biomedical research into the domain of public philosophy. His scholarship and generosity make clear that a democratic society need not be morally shackled to the realm of the possible that science is constantly expanding." --_Daniel Sarewitz, Consortium for Science, Policy, and Outcomes, Arizona State University _ "This is the most persuasive and thoughtful reconstruction of the Kass Council's goals and rationale that I have seen. Adam Briggle's account of the notion of a 'richer' bioethics is comprehensive an well-reasoned." --_Jonathan D. Moreno, University of Pennsylvania _ "Adam Briggle has written a fine book on a complex, controversial topic. He shows the wisdom of the approach to bioethics taken by the Kass Council, sets right the unfair and often nasty attacks on the council and Kass himself, and offers a perceptive and wide-ranging look at the terrain of ethics." --_Daniel Callahan, The Hastings Center _. (shrink)

The fundamental article of my political creed, declared John Adams, is that despotism, or unlimited sovereignty, or absolute power is the same in a majority of a popular assembly, an aristocratical council, an oligarchical junto, and a single emperor. Equally arbitrary, cruel, bloody, and in every respect diabolical. The consequences of this article for Adams' thought are nowhere better articulated than in this anthology, which presents his remarkable attempts at constructing a complete political system based on constitutional, (...) balanced, representative government. (shrink)

The aim of the present volume is to discuss the notion of constitution from the perspectives of history of political thought. Its scholarly intention is to go beyond the approach concentrating on the formal understanding of constitution and bring forward more complex historical and philosophic-political interpretations. Our point of departure was the need to revive the somehow neglected distinction between the idea of constitution as an act of conscious law-giving activity and the notion of (...) class='Hi'>constitution conceived as the set of fundamental political rules derived from the very nature of political regime and its historical development. (shrink)

The peaceful and democratic integration of the European countries cannot be completed if the EU does not become a true, though not-federal, polity. Making the European institutions fully legitimate and accountable requires the development of political identity in a shape which is different from both national and cultural identity and is not merely opposite to diversity and change. Its contents can be seen in a specific set of constitutional values and principles, including a model of social relations, an (...) international standing and a peculiar and unprecedented system of governance. Identity-formation in the EU goes through several channels, but has still to generate a European public sphere, though the source of this difficulty does not lie in the lack of a European people or demos. (shrink)

The article explores the semantic potential of social narratives associated with the creation and constitution of the Orthodox Church of Ukraine, which caused a interpretations conflict, marked by conflicting interpretations and differences in meanings that are applied in different contexts. The narrative arranges events in a certain time sequence, accumulates and translates meanings, individual and social experience. The presence of meanings in the interpretation of the narrative depends on the perspective, interpretation horizons and the subject's ability to analyze information (...) and its correct application. The social narrative accumulates a set of stories and messages that are fragmentary and disordered, constructs a coherent plot aimed at finding and defining meanings, and forming social discourse. Social narratives materialized in social structures, orientations, expectations, and stereotypes of their bearers due to everyday modification in the form of simple images, attitudes, and principles. Since each social narrative claims to be exclusive and correct in its own way of understanding events, a clash of narratives and their interpretations is inevitable. A large-scale event determines the modification of social structures, standards, and evaluation criteria, is accompanied by the transformation of everyday life, reveals deep mental layers, and opens up new perspectives. The extraordinary event that was marked by the creation of the Orthodox Church of Ukraine is accompanied by diametrically opposite assessments from the clergy, believers, politicians, experts – from the statement about autocephaly as the only opportunity to achieve unity and recognition of Ukrainian Orthodoxy to the political subtext justification of the new religious organization creation. Church circles represented by representatives of the Ukrainian Orthodox Church of the Moscow Patriarchate claim that the state interferes in the internal Affairs of the Church. The Constitution of the Orthodox Church of Ukraine takes place in the context of the confrontation of two social narratives – the «ukrainian world» and the «russian world». The social narrative «ukrainian world» is based on values rooted in the national soil, but the social narrative «russian world» denies the existence of the Ukrainian nation and the Ukrainian state. Under the patronage of the Russian Orthodox Church, the expression of the ideas of the «russian world» is the Ukrainian Orthodox Church of the Moscow Patriarchate, which enshrines in the minds of believers ideologies about «the common origin of the Ukrainian and Russian peoples», «the common baptismal font», «the unity of the historical space of Holy Rus», «the identity of the East Slavic Orthodox civilization». The Ukrainian Orthodox Church of the Moscow Patriarchate did not support the decision of patriarch Bartholomew to grant autocephaly to the Orthodox Church of Ukraine. Metropolitan Onufriy did not give his blessing to the hierarchs to participate in the Unification Council, which is called «a non-canonical assembly of schismatic groups». The Ukrainian Orthodox Church of the Moscow Patriarchate, according to its primate, has de facto autocephaly, so it is the only canonical local Orthodox Church in Ukraine. In the face of the conflict of public narratives, the Orthodox Church of Ukraine, along with meeting the spiritual needs of believers, contributes to the formation of national identity, the formation of a worldview matrix that will determine the vision of the future development of the country. (shrink)

This paper investigates the question of which place in the history of political ideas may be assigned to the Constitutional Debate in Herodotus’ _Histories_, 3.80-82. It is shown that the Herodotean debate represents the earliest extant example of a social theory, in which a variety of distinctly social ordering principles are weighed against each other with normative arguments and in isolation from all sorts of divine authorisations. The article divides into three parts. The first part gives an account of (...) the theoretical predecessors to the classical social theory first evidenced in the Constitutional Debate. The second part consists of an exposition of the socio-intellectual progressions clustered in the Herodotean debate, focussing on developments in constitutional thinking and argumentative evolvement. The third part consists of a close reading of the argumentative and politico-social content of the Constitutional Debate. (shrink)

The fundamental article of my political creed, declared John Adams, is that despotism, or unlimited sovereignty, or absolute power is the same in a majority of a popular assembly, an aristocratical council, an oligarchical junto, and a single emperor. Equally arbitrary, cruel, bloody, and in every respect diabolical. The consequences of this article for Adams' thought are nowhere better articulated than in this anthology, which presents his remarkable attempts at constructing a complete political system based on constitutional, (...) balanced, representative government. (shrink)

The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims (...) by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty.This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century. on. (shrink)

The idea of social improvement, including the concept of ‘reciprocity’, had substantially been developed in the Anglo-Irish trade disputes since the late seventeenth century. Towards the end of the eighteenth century, however, commentators became more sceptical of ‘reciprocity’. The Irish reception of Adam Smith's Wealth of Nations must be situated in this historical context, and the article explores the implications of the relevant discourses for John Robertson's concept of Enlightenment. Like in Scotland, ‘improvement’ was considered significant in eighteenth-century Ireland. Nevertheless, (...) political economy played different roles in the two nations because of their different political systems and circumstances. Many, including Adam Smith, believed that political and constitutional, rather than economic, reforms would be more crucial to improving Irish society. (shrink)

This book develops a new conception of political economy at the interface of economic and political theory. Political economy is constituted by the interdependence between the economy and the polity that rest on the complex relations of society in which both are embedded. Effective policymaking depends on reflecting this embedding.

This essay goes beyond the dominant conception of constituent power developed by Emmanuel Sieyès and Carl Schmitt by excavating an alternative through the practices of twentieth-century workers’ councils and the interpretations of council democracy by Cornelius Castoriadis and Hannah Arendt. Interpreters of the constituent power often agree on its fundamentally antagonistic relation to constituted power, hereby making constituent politics a momentary experience, which cannot be sustained in constituted politics. Council democracy, instead, discloses a modality of politics, which bridges (...) the gap between constituent power and political form in order to provide institutional means through which the spirit of revolution can survive the founding moment. With this alternative concept of council democratic constituent power, this essay contributes to radical democratic theory by stipulating ways in which institutions can be rethought radically democratic as a way in which constituent power can be institutionally approximated and continually reexperienced. (shrink)

This paper focuses on the development of the political thought of Czech Marxist philosopher Egon Bondy. It examines his criticism of state socialism in the Eastern Block from a Marxist perspective, and it outlines the development of his analysis. The study covers the period from the late 1960s until the Velvet Revolution in 1989, a period during which Bondy explored the historical constitution and nature of a ‘new ruling class’ in the USSR, as well as deeper (...) trends of convergence between Eastern and Western politico-economical systems. In the 1980s Bondy analysed the reasons for the eventual collapse of the Soviet Union. Even though Bondy was, during most of the period of state socialism between 1948–89, a forbidden author, he was also one of the main critics of the political approach of Charta 77 and Václav Havel. This criticism is also outlined in the paper. (shrink)

In America today, the problem of achieving racial justice--whether through "color-blind" policies or through affirmative action--provokes more noisy name-calling than fruitful deliberation. In Color Conscious, K. Anthony Appiah and Amy Gutmann, two eminent moral and political philosophers, seek to clear the ground for a discussion of the place of race in politics and in our moral lives. Provocative and insightful, their essays tackle different aspects of the question of racial justice; together they provide a compelling response to our nation's (...) most vexing problem.Appiah begins by establishing the problematic nature of the idea of race. He draws on the scholarly consensus that "race" has no legitimate biological basis, exploring the history of its invention as a social category and showing how the concept has been used to explain differences among groups of people by mistakenly attributing various "essences" to them. Appiah argues that, while people of color may still need to gather together, in the face of racism, under the banner of race, they need also to balance carefully the calls of race against the many other dimensions of individual identity; and he suggests, finally, what this might mean for our political life.Gutmann examines alternative political responses to racial injustice. She argues that American politics cannot be fair to all citizens by being color blind because American society is not color blind. Fairness, not color blindness, is a fundamental principle of justice. Whether policies should be color-conscious, class conscious, or both in particular situations, depends on an open-minded assessment of their fairness. Exploring timely issues of university admissions, corporate hiring, and political representation, Gutmann develops a moral perspective that supports a commitment to constitutional democracy.Appiah and Gutmann write candidly and carefully, presenting many-faceted interpretations of a host of controversial issues. Rather than supplying simple answers to complex questions, they offer to citizens of every color principled starting points for the ongoing national discussions about race. (shrink)