Academic literature on the topic 'Mutual constitution'

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Journal articles on the topic "Mutual constitution"

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Mutch, Alistair. "Concerns with "Mutual Constitution"." International Journal of Technology and Human Interaction 1, no. 3 (July 2005): 60–72. http://dx.doi.org/10.4018/jthi.2005070105.

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Safina, Svetlana B. "Development of Constitutional Laws of Republics in the Post-Soviet Period." Legal education and science 4 (May 10, 2018): 38–42. http://dx.doi.org/10.18572/1813-1190-2018-4-38-42.

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Purpose. Development analysis republic constitutional legislation in the Russian Federation, as well as special aspects of the structure and the content of the republic constitution in the post-Soviet period. Methodology: dialectical method, analysis and synthesis method, rather-legal method, technical legal method. Conclusions. In 1990s the great influence on the republic constitutional legislation has been made by adoption of the state sovereignty declaration and execution of an agreement with the Russian Federation delineation of jurisdiction and mutual power delegation. With regard to that
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Чиркин, Вениамин, and Vyeniamin CHirkin. "GLOBALIZATION AND THE BASIC CHANGES OF MODERN CONSTITUTIONS." Journal of Foreign Legislation and Comparative Law 2, no. 1 (March 16, 2016): 0. http://dx.doi.org/10.12737/18200.

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On the basis of a positive and contrasting comparison, as well as content analysis of new constitutions and fundamental amendments to them the changes in their content, which occur as a result of the modernization, integration and globalization are considered. Modernization and economic (in fact, the economic and political) integration of states leads to the creation of a new form of supranational public legal formation with a different quality of public authorities and supranational law (the most prominent example is the European Union), as globalization leads to the spread of the general reg
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Styhre, Alexander, and Rebecka Arman. "The mutual constitution of legal environments and practices." Qualitative Research in Organizations and Management: An International Journal 10, no. 2 (June 8, 2015): 153–74. http://dx.doi.org/10.1108/qrom-03-2014-1211.

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Purpose – Institutional theorists treat law and regulations as external factors that is part of the organization’s environment. While institutional theory has been criticized for its inability to recognize the role of agents and to theorize agency, the growing literature on institutional work and institutional entrepreneurship, partially informed by and co-produced with practice theory, advances a more dynamic view of processes of institutionalization. In order to cope with legal and regulatory frameworks, constituting the legal environment of the organization, there are evidence of organizati
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Litwin, Tomasz. "The Reflection on the Human Nature and the Power in the Constitution of the Republic of Poland of 1997 from the Legal-Constitutional Research Perspective." Horyzonty Polityki 12, no. 39 (August 5, 2020): 67–88. http://dx.doi.org/10.35765/hp.1841.

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RESEARCH OBJECTIVE: The main research aim of the article is the analysis of the relations between the conception of the human nature and the main purposes of the power in the rules of the Constitution of Poland.
 THE RESEARCH PROBLEM AND METHODS: The research problem of the article is how the constitutional conception of the human nature influences the conception of power and its purposes expressed in the Constitution. The article presents the legal-constitutional research perspective and is based on various methods of interpretation of the constitutional rules.
 THE PROCESS OF ARGUM
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VANBERG, VIKTOR J. "Market and state: the perspective of constitutional political economy." Journal of Institutional Economics 1, no. 1 (May 27, 2005): 23–49. http://dx.doi.org/10.1017/s1744137405000032.

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The paper approaches the ‘market versus state’ issue from the perspective of constitutional political economy, a research program that has been advanced as a principal alternative to traditional welfare economics and its perspective on the relation between market and state. Constitutional political economy looks at market and state as different kinds of social arenas in which people may realize mutual gains from voluntary exchange and cooperation. The working properties of these arenas depend on their respective constitutions, i.e. the rules of the game that define the constraints under which
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Haibach, Georg. "The Mutual Recognition of Decisions in Civil and Commercial Matters in the European Union in the Light of the Full Faith and Credit Clause of the U.S. Constitution." Maastricht Journal of European and Comparative Law 10, no. 3 (September 2003): 291–300. http://dx.doi.org/10.1177/1023263x0301000304.

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In the conclusions of the European Council of Tampere and the Council Programme of Measures for Implementation of the Principle of Mutual Recognition of Decisions in Civil and Commercial Matters, the European Union approved the principle of mutual recognition of judicial decisions in order to remove barriers to the ‘free movement of judgments’. When the U.S. Constitution was drafted more than 200 years ago, the same problem had to be tackled. Article IV Section 1 of the Constitution was the solution found at the time. This article gives an overview over the state of play of the Community activ
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Jorba, Marta, and Maria Rodó-Zárate. "Beyond Mutual Constitution: The Properties Framework for Intersectionality Studies." Signs: Journal of Women in Culture and Society 45, no. 1 (September 2019): 175–200. http://dx.doi.org/10.1086/703499.

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Axford, Barrie. "Multi-Dimensionality, Mutual Constitution and the Nature of Systemness." ProtoSociology 20 (2004): 125–42. http://dx.doi.org/10.5840/protosociology2004208.

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Negretto, Gabriel L. "Constitution-making and institutional design. The transformations of presidentialism in Argentina." European Journal of Sociology 40, no. 2 (November 1999): 193–232. http://dx.doi.org/10.1017/s0003975600007451.

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This paper presents an analytical framework for the study of constitutional design from the point of view of the structure of interaction and mechanisms of institutional selection that affect the behavior and choices of the actors involved in a constitution-making process. This framework is used to explain the various limitations introduced to the powers of the President in the Argentine constitution of 1994. I argue that two levels of causation determined this reform. At the macro level, the limitation of presidential powers was the outcome of a distribution of political resources and a confi
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Dissertations / Theses on the topic "Mutual constitution"

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Brawer, Roberta. "Inflationary cosmology and horizon and flatness problems : the mutual constitution of explanation and questions." Thesis, Massachusetts Institute of Technology, 1995. http://hdl.handle.net/1721.1/38370.

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Fujioka, Taka. "Exploring mutual constitutions between management control systems and strategy." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.571668.

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Although previous literature has developed and refined Simons' levers of control framework by emphasising the interrelatedness of different control systems (e.g. Henri 2006, Tuomela 2005, Widener 2007), little evidence has been provided on how these control systems are used consistently without creating any disorders or complexities. Therefore, inspired by recent turn in management accounting (Ahrens & Chapman 2005, 2007, Chua 2007, Hansen & Mouritsen 2005) and strategy research (Jarzabkowski 2005, Johnson et al. 2003, Whittington 1996, 2006) to practice based theorising, this study aimed to c
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Dowsett, O. "'Rural restructuring' : a multi-scalar analysis of the Otago Central Rail Trail." Lincoln University, 2008. http://hdl.handle.net/10182/669.

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‘Rural restructuring’ has frequently been used to indicate the magnitude, and conceptualise the nature, of contemporary change in the countryside. Most notably, concern has focused upon the fundamental changes in economic and social organisation brought about by the increasing leverage of consumption-based activity as a path to rural development. By drawing on the relevant literature, however, I suggest in this thesis that the use of ‘rural restructuring’ as a conceptual framework has been inconsistent. The issue of scale is a case in point with scholars positioning their studies of rural chan
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Ferreira, Doret Jr (Johanna Dorothea). "The making of the maker : a practice-based exploration into the process of signification as a mutually constitutive process for artist and artwork." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/20356.

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Thesis (MPhil)--Stellenbosch University, 2012.<br>ENGLISH ABSTRACT: This thesis is a practice-based investigation into the mutual coming into being of artist and artwork within the process of signification as described by Julia Kristeva. The investigation is done from an unstable subjective position and requires innovative research methodologies and a sustained close connection with the practice in order to accommodate the complexity inherent to the process. The exploration involves a closer look at the process of making of the work, the possible meaning embedded in the artworks and the
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Pugliese, Yuri Sahione. "A assistência mútua em matéria penal e as penas vedadas no direito brasileiro." Universidade do Estado do Rio de Janeiro, 2013. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=6302.

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A criminalidade transnacional é um dos males da atualidade e tem seu crescimento associado à complexidade dos processos da globalização. Quão mais interligadas estão a economia, cultura e demais comunicações dos Estados, mais vulneráveis estão às ações criminosas. Diante desta constatação a comunidade internacional escolheu o Direito Penal Internacional como um dos instrumentos destinados a fazer frente a este problema contemporâneo. O DPI, como especialização do Direito Penal, atende às exigências da comunidade internacional, por ser constituído pelo binômio criminalização e instituições de r
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Allsop, Geoffrey Charles. "Does the labour relations act unjustifiably limit the constitutional right of employees to freedom of assembly? Examining the constitutionality of the prohibition on purely political protest action and gatherings by off-duty employees over disputes of mutual interest." Master's thesis, Faculty of Law, 2019. https://hdl.handle.net/11427/31692.

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This thesis examines whether the Labour Relations Act 66 of 1995 (‘LRA’) justifiably limits the constitutional right to employees to freedom of assembly in accordance with s36(1) of the Constitution of the Republic of South Africa, 1996 (‘the Constitution’). This question is considered in two broad parts. The first part demonstrates two limitations. First, the inability of s77 of the LRA to provide legislative protection to employees who wish to embark on socioeconomic protest action over a purely political issue. Second, the LRA’s prohibition on off-duty employees utilising the Regulation of
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Oliveira, Sealtiel Duarte de. "A objetiva??o do controle concreto de constitucionalidade nas decis?es do Supremo Tribunal Federal." Universidade Federal do Rio Grande do Norte, 2013. http://repositorio.ufrn.br:8080/jspui/handle/123456789/13985.

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Made available in DSpace on 2014-12-17T14:27:27Z (GMT). No. of bitstreams: 1 SealtielDO_DISSERT.pdf: 3399268 bytes, checksum: 1a83565dd029a077e85e5685d4a39607 (MD5) Previous issue date: 2013-08-30<br>The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from t
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Guiresse, Marguerite. "Le principe juridique de confiance mutuelle entre États membres en droit de l’Union européenne." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2074.

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Le principe juridique de confiance mutuelle entre États membres existe, je l’ai rencontré », serait-on tenté d’écrire. L’étude matérielle du droit de l’UE révèle de solides fondations juridiques tandis que l’extraction et l’analyse de l’objet, sans équivalent en droit national ou international, révèlent sa valeur juridique propre et indéniable. À travers la preuve de sa nature juridique, l’ingénieuse construction de droit de l’UE qu’est le principe de confiance mutuelle apparaît. Elevée au rang de principe existentiel et constitutionnel par la Cour de Justice de l’Union Européenne (CJUE), la c
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Ross, Alexander John. "A glorious and salutiferous Œconomy ...? : an ecclesiological enquiry into metropolitical authority and provincial polity in the Anglican Communion." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/284907.

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For at least the past two decades, international Anglicanism has been gripped by a crisis of identity: what is to be the dynamic between autonomy and interdependence? Where is authority to be located? How might the local relate to the international? How are the variously diverse national churches to be held together 'in communion'? These questions have prompted an explosion of interest in Anglican ecclesiology within both the church and academy, with particular emphasis exploring the nature of episcopacy, synodical government, liturgy and belief, and common principles of canon law. However, on
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Achuo, George. "Partner satisfaction and renewal likelihood in consumer supported agriculture (CSA) : a case study of The Equiterre CSA network." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19555.

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Books on the topic "Mutual constitution"

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Saint John Firemen's Mutual Relief Association. Bye-laws and constitution of the St. John Firemen's Mutual Relief Association. [Saint John, N.B.?: s.n., 1986.

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Acadia Mines Athletic and Mutual Improvement Association. Constitution and by-laws of the Acadia Mines Athletic and Mutual Improvement Association. Halifax, N.S: Knight, 1987.

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Anglo-African Mutual Improvement and Aid Association of Nova Scotia. Constitution and by-laws of the Anglo-African Mutual Improvement and Aid Association of Nova Scotia. [Halifax, N.S.?: s.n., 1987.

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Potential congressional responses to the Supreme Court's decision in State Farm Mutual Automobile Ins. v. Cambell: Checking and balancing punitive damages : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, first session, September 23, 2003. Washington: U.S. G.P.O., 2003.

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Poland. The Constitutional Act of 17th October, 1992: On the mutual relations between the legislative and executive institutions of the Republic of Poland and on local self-government (Journal of Laws of the Republic of Poland of 23rd November, 1992, No. 84, item 426) : with constitutional provisions continued in force. 2nd ed. Warsaw: Sejm Pub. Office, 1993.

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Association catholique de secours mutuel. Acte de constitution, statuts et règlements du Conseil suprême, des Grands Conseils et des Succursales de l'Association catholique de secour mutuel ... Ottawa: Conseil suprême, 1993.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Parimutuel sports licensing: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, on H.R. 2611 and H.R. 4458 ... April 28, 1988. Washington: U.S. G.P.O., 1989.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Parimutuel sports licensing: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, on H.R. 2611 and H.R. 4458 ... April 28, 1988. Washington: U.S. G.P.O., 1989.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Parimutuel sports licensing: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, on H.R. 2611 and H.R. 4458 ... April 28, 1988. Washington: U.S. G.P.O., 1989.

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Austria. Bankgesetze: Bankwesengesetz, Sparkassengesetz, Bausparkassengesetz, Investmentfondsgesetz, Beteiligungsfondsgesetz, Kapitalmarktgesetz : mit den Gesetzesmaterialen zum Finanzmarktanpassungsgesetz 1993. Wien: Springer, 1993.

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Book chapters on the topic "Mutual constitution"

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Pickering, Michael. "Relations of Mutual Constitution." In History, Experience and Cultural Studies, 161–207. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-25951-9_6.

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Demirsu, Ipek. "The Language of Lawmaking and Its Effects: Mutual Constitution of Discourse and Policy." In Counter-terrorism and the Prospects of Human Rights, 41–60. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-50802-3_3.

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Rasell, Jennifer. "Care as a Frame for Understanding the Mutual Constitution of State and Kinship." In Care of the State, 1–32. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-49484-1_1.

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Cigno, Alessandro, and Furio C. Rosati. "Mutual Interest, Self-enforcing Constitutions and Apparent Generosity." In The Economics of Reciprocity, Giving and Altruism, 226–47. London: Palgrave Macmillan UK, 2000. http://dx.doi.org/10.1007/978-1-349-62745-5_12.

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Benvindo, Juliano Zaiden. "When Procedures Towards Mutual Understanding Come to Light: Balancing Within the Context of Proceduralism." In On the Limits of Constitutional Adjudication, 243–329. Berlin, Heidelberg: Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-11434-2_6.

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Wiącek, Marcin. "Constitutional Crisis in Poland 2015–2016 in the Light of the Rule of Law Principle." In Defending Checks and Balances in EU Member States, 15–33. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_2.

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AbstractThis chapter concerns the constitutional crisis in Poland that began in 2015. It was triggered by appointing judges of the Constitutional Tribunal, by the outgoing Parliament, and then by re-appointing new judges for the same vacancies. Thus, the status of three judges elected by the previous Parliament and three judges elected by the current Parliament remains disputable.One of the crucial elements of the rule of law is the principle of legality. There are two aspects of this principle: the presumption of legality that covers all acts of state bodies; the revoking of this presumption may be performed only within procedures prescribed by the law. The law should indicate a state body competent to revoke the presumption of legality and define the legal effects of such revoking. If the law is incomplete, incoherent or imprecise in that scope—that may lead to legal and political crisis. Polish legislation and Constitution fail to comply with the said standard. This is one of the causes of the constitutional crisis in Poland.In a state governed by the rule of law state bodies should mutually respect their acts. State bodies should not treat acts or decisions issued by other state bodies as invalid or non-existent, unless it is declared within a procedure prescribed by the law. Otherwise, a legal chaos may occur. Courts are not empowered to evaluate the lawfulness of the Tribunal’s judgments. One of the crucial elements of the rule of law principle is the certainty of law.
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Dupré, Catherine. "The Rule of Law, Fair Trial and Human Dignity: The Protection of EU Values After LM." In Defending Checks and Balances in EU Member States, 431–42. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_17.

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AbstractThe 2018 CJEU ruling in LM highlighted the importance of judicial independence for the rule of law and protection of the right to fair trial. In so doing, the judgment raised problematic questions about the relationship between Article 2 values and the EU Charter rights, and their connection with mutual trust. This chapter considers these issues through the lens of human dignity, which is both the first foundational value under Article 2 and the first right in the EU Charter. By discussing how the LM judgment raises the constitutional status of the right to a fair trial, this chapter argues that a focus on human dignity could effectively link Article 2 values with EU Charter rights and facilitate assessment of their respective breach.
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Bonelli, Matteo. "Intermezzo in the Rule of Law Play: The Court of Justice’s LM Case." In Defending Checks and Balances in EU Member States, 455–76. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_19.

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AbstractIn the LM case, the CJEU was called to decide on whether systemic rule of law deficiencies in Poland could lead to the suspension of EU cooperation based on mutual trust, in particular under the European Arrest Warrant system. Building on its earlier decision in Aranyosi, the Court concluded that EAWs may be suspended only after the executing authority conducts a general analysis of the situation in the country concerned and an individual assessment of the specific situation of the applicant. For some, the decision was a disappointing one, as the Court failed to take a clear stance on the Polish constitutional crisis. This chapter argues, on the other hand, that the Court reached a balanced decision: while it is true that it confirmed the strict Aranyosi test, it also sent some key messages on the crucial importance of the rule of law and judicial independence for the EU and underlined the red lines of European constitutionalism. Furthermore, a different line of cases that originated from the groundbreaking decision of the Court in the ‘Portuguese judges’ case seems much more promising for the protection of EU values. Thus, rather than a constitutional moment for the Union, LM was ultimately an intermezzo between the two main acts of the rule of law play before the Court of Justice.
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Mattarella, Bernardo Giorgio. "Sentenza 238/2014: EU Law and EU Values." In Remedies against Immunity?, 209–13. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_10.

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AbstractThe relationship between Judgment 238/2014 of the Italian Constitutional Court and EU law is, at first glance, apparently weak, as the subject matter of the former is not governed by the latter, nor there have been any judgments from EU courts regarding the case. However, if one considers the origin and purpose of the EU itself and the state of relations between Italy and Germany, one cannot help but examine the case from a European law perspective. Judgment 238/2014 is relevant to European law in several ways, all of which concern not only military cooperation in the EU but also the protection of human rights, the risk of forum shopping and, above all, how reliable member states are in their mutual relations. European law in turn is relevant to the present case not so much because it offers solutions but because it shows a method for settling clashes between legal systems and illustrates its inherent difficulties. Sentenza 238/2014 is an unpersuasive judgment and can be criticized from different angles: the legal one (international and constitutional law), the factual reconstruction and the judgment’s likely effects. There are, however, two possibilities of resolving the situation that Sentenza has produced: firstly the legal one, which involves the use of all possible tools to limit its effects; and secondly the diplomatic one, which implies further negotiations. European law does not provide a ground for a preference between these two options, but it suggests that none of these ways is neglected.
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Mansoor, Nasir, Thomas Rudhof-Seibert, and Miriam Saage-Maaß. "Pakistan’s “Industrial 9/11”: Transnational Rights-Based Activism in the Garment Industry and Creating Space for Future Global Struggles." In Interdisciplinary Studies in Human Rights, 107–20. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_6.

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AbstractThis chapter is based on an internal evaluation of the of the 2012–2019 cooperation between the Pakistani National Trade Union Federation (NTUF), the German humanitarian organisation medico international, and the Berlin-based European Center for Constitutional and Human Rights (ECCHR). Written from a first-person perspective by three members of these organisations, it offers invaluable insights into the internal coordination and strategic deliberations of the partners’ evolving transnational efforts to hold the German retail company KiK and Italian social auditing firm RINA to account on behalf of the survivors and victims’ families of the 2012 Ali Enterprises factory fire. The authors elaborate on the multi-dimensional effects and aftermath of the Ali Enterprises tragedy, and recount the lessons learned from their different perspectives as trade unionists, activists, and lawyers based in both Pakistan and Germany. On this basis, the chapter then maps additional possible avenues for supporting the transnational struggles of workers around the globe. All in all, it offers rich insights into the experiences and complex debates ongoing amongst the authors and their organisations on how to develop common positions and further enhance their mutual understanding in order to collectively imagine and work towards transformative political goals.
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Conference papers on the topic "Mutual constitution"

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Prior, Julia, Toni Robertson, and John Leaney. "Situated Software Development: Work Practice and Infrastructure Are Mutually Constitutive." In 2008 19th Australian Conference on Software Engineering ASWEC. IEEE, 2008. http://dx.doi.org/10.1109/aswec.2008.4483204.

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Salavatian, M., and L. V. Smith. "Shear Modulus Degradation in Fiber Reinforced Laminates." In ASME 2013 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/imece2013-63035.

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Matrix damage, involving transverse and shear cracks, is a common failure mode for composite structures, yet little is known concerning their interaction. A modified Iosipescu coupon is proposed to study the evolution of the shear and transverse damage and their mutual effects. The layup and coupon geometry were selected in a way that controls the severity of the damage and allows the measurement of shear and transverse stiffness degradation directly. The results were compared to material degradation models where damage was dominated by matrix failure. While positive agreement was generally ob
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Kee, Kerk F. "Three critical matters in big data projects for e-science: Different user groups, the mutually constitutive perspective, and virtual organizational capacity." In 2015 IEEE International Conference on Big Data (Big Data). IEEE, 2015. http://dx.doi.org/10.1109/bigdata.2015.7363991.

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