Добірка наукової літератури з теми "The French Constitution of October 4"

Countries incorporate the principle of the separation of powers, including judicial independence, into their constitutions in an effort to meet several goals, the most important of which is to minimise government-induced tyranny. Specifically, countries that make this principle part of their constitutional practice intend to limit public servants by national laws and institutions, enhance government accountability, minimise opportunistic behaviors by civil servants and politicians, provide for checks and balances, and generally improve government efficiency. Cameroon, part of which was colonised by France, has a constitution that is modeled closely on the French Constitution of 4 October 1958. As a consequence, the country has adopted France’s hybrid system of the separation of powers. Using French constitutional practice as a model, this paper examines constitutional developments in Cameroon to determine why the country’s governing process, which is based on the Constitution of the Fifth Republic, has failed to guarantee constitutional justice.

When Belgium was overrun by Germany in 1914 neither the Belgian constitutional legislator, nor the Belgian legislator had determined how the police powers of the civil authorities could be transferred to the military authorities in the case of a war. Article 130 of the Constitution determined that the Constitution and the constitutional rights and freedoms it provided could never be suspended wholly or in part. This created a problem. There were several statutes which provided merely a limited answer for some situations. When Belgian military authorities instead of civil authorities took measures which invaded upon constitutional rights, disputes arose. In order to avoid these, the Belgian King enacted the decree-law concerning the state of war and the state of siege on 11 October 1916. Many provisions of this decree-law had been taken from the French war laws of 9 August 1849 and 4 April 1878, but – contrary to these French laws – the Belgian decree-law was not based on a formal constitutional stipulation. This decree-law, which contravened the Belgian Constitution of 7 February 1831 and the fundamental rights and freedoms which were safeguarded by this Constitution in several respects, made it possible to take a number of measures during the state of war and the state of siege. As soon as these different provisions were applied, several citizens protested against them. Their protest was mainly aimed at the force of ‘law’ of the decree-law of 11 October 1916 and all of the other decree-laws. The rest of this contribution will detail when and why this protest took place, as well as how the Belgian administration of justice dealt with this protest.

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe is believed to have begun with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas

The paper discusses the grounds required for the dissolution of the parliament in the political practice of the French Fifth Republic. The Constitution of October 4, 1958 adopted a model of strengthened political power of the head of state, granting them instruments of executive influence on the functioning of other state organs. Paragraph 12 of the Constitution gives the President practically unlimited power to dissolve the National Assembly – the lower chamber of French parliament. The conditions for applying this paragraph are not stipulated in the legal regulations. It is not necessary for the President to respond to a motion of another body, or even to obtain a countersignature. These constitutional factors have led to various political practices. The author of the paper puts forward the thesis that giving freedom to the head of state as regards the application of paragraph 12 on the one hand provides the necessary foundations to exercise a power model with a considerable degree of decisiveness, but on the other may lead to a situation where the dissolution of the National Assembly no longer has a power function in its conventional sense, but serves the purpose of providing the head of state with an instrument for considerably strengthening his own political position. Since the present Constitution of the Fifth Republic has been in force, the National Assembly has been dissolved five times. The author identifies three basic grounds for applying paragraph 12: to defuse a political or social conflict (1962 and 1968), to restore a politically homogenous executive power (1981 and 1988), and to maintain a given political configuration (1997). Since the 1980s the dissolution of parliament has become a tool for the president to avoid cohabitation and, by this token, to provide a political system where the role of the leader of the executive is in the hands of the head of state. On account of the defeat of the formation supporting the president in 1997 this strategy failed to produce the expected outcome. The dissolution of the National Assembly has not taken place since. In 2000, the length of the mandate of the head of state was shortened to five years, which makes it more likely for parliamentary elections to occur directly after presidential elections. This may for a long time to come eliminate the main grounds for the dissolution of the lower chamber, which in the 1980s and 1990s stemmed from the desire to ensure a political system favorable for the head of state. This reason alone may mean that the significance of paragraph 12 in the political practice of the Fifth Republic will continue to be limited.

The only real surprise of the recent decision of the French Conseil constitutionnel [constitutional Council] concerning the compatibility between the European and the French Constitutions was the timing of it. According to Article 54 of the French Constitution, a treaty may be submitted for constitutional review at any time before ratification. In this instance, Jacques Chirac acted with unusual promptness, submitting his request on the very day the Treaty was signed, 29 October 2004. The Conseil itself reacted with equal speed, issuing its decision exactly three weeks later on 19 November 2004. Behind both courses of action lies the shadow of political concern related to the Socialist Party referendum on the European Constitution.

the gradual development of European institutions has been marked by a long succession of crises, several of which looked at the time to threaten the future of the entire structure, though in retrospect they can be seen as the mechanisms which forced reluctant governments to accept change. European integration first collapsed in 1953, with the French National Assembly’s rejection of the treaty to establish the European Defence Community. It seemed close to collapse again, also as a result of French intransigence, in the Luxembourg ‘Empty Chair’ crisis of 1965-6. At the depth of the budgetary crisis in 1981-3, American observers were writing off European integration as a failure – before Margaret Thatcher and Francois Mitterand came to a compromise in Fontainebleau in 1984. The Danes voted down the Maastricht treaty, and the French only narrowly approved it. So we should not be too rattled by the latest crisis; though we need to consider whether this crisis is more severe than its predecessors, and in what ways.

In this paper, I consider the military phase of the French Revolution as running from 1789 to 1795. The adoption of the Constitution of the Year III in October 1795 is taken to mark the end of the revolutionary era. Likewise, the military phase of the American Revolution is taken to extend from 1775 10 1781; there were no important hostilities after the surrender of Cornwallis at Yorktown.

The origin of the initial African constitutions is easy to establish. While the former British territories “received” their Westminster-type constitutions negotiated during the Lancaster House conferences, the former French territories, except Guinea, became independent under constitutions drawing heavily upon the constitution of the Fifth French Republic, of which they were virtual copies. Among the countries formerly under Belgian rule, the Congo (Zaïre) was the only one attaining independence with a constitution, theLoi fondamentaleof 1960 which was an Act of the Belgian Parliament.Therefore, initially the degree of homogeneity was fairly large; there were basically three types of constitutions and the deviation from these models was limited. Admittedly subject to adaptations all the Westminster constitutions were similar, and in fact to some extent they still are; thus in its essential features the 1980 constitution of Zimbabwe draws from the same stock as its predecessors of the early 1960s. The first constitutions of the former French territories were, likewise, very similar, inspired as they were by the French constitution of 1958. TheLoi fondamentaleof the Congo was strongly influenced by the Belgian constitution, and so was the autochthonous constitution of Burundi which was promulgated a few months after independence in 1962.Many constitutions have since succeeded these initial texts: between 1960 and 1985 there have been 43 constitutions in the 18 French-speaking countries under consideration, i.e. an average of 2·4 constitutions per country. This flow has led to a considerable diversification of constitutional types.

The article analyzes the political and legal nature of "The Draft Constitution of the Russian Empire" stored in A. I. Guchkov’s personal archive. A. I. Guchkov was the founder and leader of "The Union of October 17", a political party formed in the early twentieth century Russia. Russian historical and legal science considers these materials as a draft Constitution drawn by the representatives of the right wing of Russian liberalism. We conducted a comparative analysis of Guchkov’s Constitution and the versions of "The Union of October 17" political party programs. The Constitution proved almost identical with the texts of two versions of the party program. The draft could fill the intermediate place in a series of different versions of the party program. The party programs were successively adopted by the first and second party Congresses and the Moscow Central Committee. Therefore, it is necessary to refer the document not to the constitutional projects, but to the legal and political materials of "The Union of October 17". Thus, the right wing of the liberal forces had no independent constitutional project.

This text is a continuation of a hardened effort to think the complex modalities of the dialogue between Lacanian psychoanalysis and French phenomenology in the second half of the twentieth century. More specifically, our aim is to state the objective reasons, both theoretical and practical, that explain the violence of the French reception of De l’interpretation by Paul Ricœur, putting in perspective the respective positions of the philosopher and of the psychoanalyst Jacques Lacan at the Bonneval Symposium on the Unconscious in October 1960. Detailed analysis of the text “The Conscious and the Unconscious” – part of the corpus ricœurien often overlooked – in terms of the Lacanian teachings in the early 1960s should also help to identify two opposing theories of interpretation in order to indicate, in the end, the concrete points of divergence between the “Ricœurian” and the “Lacanian” guidelines of the psychoanalytic clinic.

Le rapprochement de la Constitution du 4 octobre 1958 des constitutions étrangères permet de mettre en lumière une particularité de l’ordre constitutionnel français. Notre loi fondamentale n’a jamais été dotée, au terme d’une opération de codification, d’un quelconque catalogue formel de droits fondamentaux comparable à ceux qui ont été introduits dès le début du XXème siècle dans d’autres États. Si elle n’est pas complètement ignorée, l’exception française a été assez peu interrogée. Que la rencontre entre droits fondamentaux et codification n’ait jamais eu lieu en France, volontiers désignée comme « pays des droits de l’homme » et « terre d’élection de la codification », ne peut pourtant manquer de retenir l’attention. La question se pose en particulier de savoir si la singularité de notre texte constitutionnel, saillante et intrigante, s’avère, en outre, irréductible. L’histoire de cette rencontre qui n’a jamais eu lieu est-elle, autrement exprimé, celle de rendez-vous manqués ou d’une liaison impossible ? La recherche se propose d’interroger tant la possibilité de codifier les droits fondamentaux dans la Constitution française du 4 octobre 1958, que l’utilité d’une telle opération
The comparison of the Constitution of October 4, 1958 with the foreign constitutions allows to highlight a specific feature of the French constitutional order. Our fundamental law has never been endowed, after a codification exercise, with any formal catalogue of fundamental rights comparable to those which were introduced from the beginning of the 20th century in other States. While it is not completely ignored, the French exception has been barely discussed. The fact that the meeting between fundamental rights and codification has never taken place in France, willingly referred to as the “country of human rights” and the “chosen land of codification”, cannot however fail to attract attention. In particular, the question arises whether the singularity of our constitutional text, which is both salient and intriguing, is also irreducible. In other words, is the story of this meeting that never took place the story of missed appointments or of an impossible relationship ? The research aims to question both the possibility of codifying fundamental rights in the French Constitution of October 4, 1958, and the usefulness of such an operation

This book covers a critical event in U.S. history: the period of Indian removal and resistance from 1817 to 1839, documenting the Cherokee experience as well as Jacksonian policy and Native-U.S. relations. This book provides an outstanding resource that introduces readers to Indian removal and resistance, and supports high school curricula as well as the National Standards for U.S. History (Era 4: Expansion and Reform). Focusing specifically on the Trail of Tears and the experiences of the Cherokee Nation while also covering earlier events and the aftermath of removal, the clearly written, topical chapters follow the events as they unfolded in Alabama, Georgia, North Carolina, and Tennessee, as well as the New England region and Washington, DC. Written by a tribal council representative of the Cherokee Nation, this book offers the most current perspectives, incorporating key issues of assimilation, sovereignty, and Cherokee resistance and resilience throughout. The text also addresses important topics that predate removal in the 19th century, such as the first treaty between the Cherokees and Great Britain in 1721, the French and Indian Wars, the American Revolution, proclamation of Cherokee nationality in the 1791 Treaty of Holston, and the U.S. Constitution.

Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living thing on Earth. It often compounds upon itself, so delays in reducing emissions of fossil fuels are shortening the amount of time remaining to eliminate the use of fossil fuels to preserve a livable planet. Nationalism often impedes solutions to this problem (among many others), as nations place their singular needs above the common good. Our initial proposal got around, and abstracts on many subjects arrived. Within a few weeks, we had enough good material for a 100,000-word book. The book then fattened to two moderate volumes and then to four two very hefty tomes. We tried several different titles as good submissions swelled. We also discovered that our best contributors were experts in their fields, which ranged the world. We settled on three stand-alone books:” 1/ nationalism and racial justice. Our first volume grew as the growth of Black Lives Matter following the brutal killing of George Floyd ignited protests over police brutality and other issues during 2020, following the police assassination of Floyd in Minneapolis. It is estimated that more people took part in protests of police brutality during the summer of 2020 than any other series of marches in United States history. This includes upheavals during the 1960s over racial issues and against the war in Southeast Asia (notably Vietnam). We choose a volume on racism because it is one of nationalism’s main motive forces. This volume provides a worldwide array of work on nationalism’s growth in various countries, usually by authors residing in them, or in the United States with ethnic ties to the nation being examined, often recent immigrants to the United States from them. Our roster of contributors comprises a small United Nations of insightful, well-written research and commentary from Indonesia, New Zealand, Australia, China, India, South Africa, France, Portugal, Estonia, Hungary, Russia, Poland, Kazakhstan, Georgia, and the United States. Volume 2 (this one) describes and analyzes nationalism, by country, around the world, except for the United States; and 3/material directly related to President Donald Trump, and the United States. The first volume is under consideration at the Texas A & M University Press. The other two are under contract to Nova Science Publishers (which includes social sciences). These three volumes may be used individually or as a set. Environmental material is taken up in appropriate places in each of the three books. * * * * * What became the United States of America has been strongly nationalist since the English of present-day Massachusetts and Jamestown first hit North America’s eastern shores. The country propelled itself across North America with the self-serving ideology of “manifest destiny” for four centuries before Donald Trump came along. Anyone who believes that a Trumpian affection for deportation of “illegals” is a new thing ought to take a look at immigration and deportation statistics in Adam Goodman’s The Deportation Machine: America’s Long History of Deporting Immigrants (Princeton University Press, 2020). Between 1920 and 2018, the United States deported 56.3 million people, compared with 51.7 million who were granted legal immigration status during the same dates. Nearly nine of ten deportees were Mexican (Nolan, 2020, 83). This kind of nationalism, has become an assassin of democracy as well as an impediment to solving global problems. Paul Krugman wrote in the New York Times (2019:A-25): that “In their 2018 book, How Democracies Die, the political scientists Steven Levitsky and Daniel Ziblatt documented how this process has played out in many countries, from Vladimir Putin’s Russia, to Recep Erdogan’s Turkey, to Viktor Orban’s Hungary. Add to these India’s Narendra Modi, China’s Xi Jinping, and the United States’ Donald Trump, among others. Bit by bit, the guardrails of democracy have been torn down, as institutions meant to serve the public became tools of ruling parties and self-serving ideologies, weaponized to punish and intimidate opposition parties’ opponents. On paper, these countries are still democracies; in practice, they have become one-party regimes….And it’s happening here [the United States] as we speak. If you are not worried about the future of American democracy, you aren’t paying attention” (Krugmam, 2019, A-25). We are reminded continuously that the late Carl Sagan, one of our most insightful scientific public intellectuals, had an interesting theory about highly developed civilizations. Given the number of stars and planets that must exist in the vast reaches of the universe, he said, there must be other highly developed and organized forms of life. Distance may keep us from making physical contact, but Sagan said that another reason we may never be on speaking terms with another intelligent race is (judging from our own example) could be their penchant for destroying themselves in relatively short order after reaching technological complexity. This book’s chapters, introduction, and conclusion examine the worldwide rise of partisan nationalism and the damage it has wrought on the worldwide pursuit of solutions for issues requiring worldwide scope, such scientific co-operation public health and others, mixing analysis of both. We use both historical description and analysis. This analysis concludes with a description of why we must avoid the isolating nature of nationalism that isolates people and encourages separation if we are to deal with issues of world-wide concern, and to maintain a sustainable, survivable Earth, placing the dominant political movement of our time against the Earth’s existential crises. Our contributors, all experts in their fields, each have assumed responsibility for a country, or two if they are related. This work entwines themes of worldwide concern with the political growth of nationalism because leaders with such a worldview are disinclined to co-operate internationally at a time when nations must find ways to solve common problems, such as the climate crisis. Inability to cooperate at this stage may doom everyone, eventually, to an overheated, stormy future plagued by droughts and deluges portending shortages of food and other essential commodities, meanwhile destroying large coastal urban areas because of rising sea levels. Future historians may look back at our time and wonder why as well as how our world succumbed to isolating nationalism at a time when time was so short for cooperative intervention which is crucial for survival of a sustainable earth. Pride in language and culture is salubrious to individuals’ sense of history and identity. Excess nationalism that prevents international co-operation on harmful worldwide maladies is quite another. As Pope Francis has pointed out: For all of our connectivity due to expansion of social media, ability to communicate can breed contempt as well as mutual trust. “For all our hyper-connectivity,” said Francis, “We witnessed a fragmentation that made it more difficult to resolve problems that affect us all” (Horowitz, 2020, A-12). The pope’s encyclical, titled “Brothers All,” also said: “The forces of myopic, extremist, resentful, and aggressive nationalism are on the rise.” The pope’s document also advocates support for migrants, as well as resistance to nationalist and tribal populism. Francis broadened his critique to the role of market capitalism, as well as nationalism has failed the peoples of the world when they need co-operation and solidarity in the face of the world-wide corona virus pandemic. Humankind needs to unite into “a new sense of the human family [Fratelli Tutti, “Brothers All”], that rejects war at all costs” (Pope, 2020, 6-A). Our journey takes us first to Russia, with the able eye and honed expertise of Richard D. Anderson, Jr. who teaches as UCLA and publishes on the subject of his chapter: “Putin, Russian identity, and Russia’s conduct at home and abroad.” Readers should find Dr. Anderson’s analysis fascinating because Vladimir Putin, the singular leader of Russian foreign and domestic policy these days (and perhaps for the rest of his life, given how malleable Russia’s Constitution has become) may be a short man physically, but has high ambitions. One of these involves restoring the old Russian (and Soviet) empire, which would involve re-subjugating a number of nations that broke off as the old order dissolved about 30 years ago. President (shall we say czar?) Putin also has international ambitions, notably by destabilizing the United States, where election meddling has become a specialty. The sight of Putin and U.S. president Donald Trump, two very rich men (Putin $70-$200 billion; Trump $2.5 billion), nuzzling in friendship would probably set Thomas Jefferson and Vladimir Lenin spinning in their graves. The road of history can take some unanticipated twists and turns. Consider Poland, from which we have an expert native analysis in chapter 2, Bartosz Hlebowicz, who is a Polish anthropologist and journalist. His piece is titled “Lawless and Unjust: How to Quickly Make Your Own Country a Puppet State Run by a Group of Hoodlums – the Hopeless Case of Poland (2015–2020).” When I visited Poland to teach and lecture twice between 2006 and 2008, most people seemed to be walking on air induced by freedom to conduct their own affairs to an unusual degree for a state usually squeezed between nationalists in Germany and Russia. What did the Poles then do in a couple of decades? Read Hlebowicz’ chapter and decide. It certainly isn’t soft-bellied liberalism. In Chapter 3, with Bruce E. Johansen, we visit China’s western provinces, the lands of Tibet as well as the Uighurs and other Muslims in the Xinjiang region, who would most assuredly resent being characterized as being possessed by the Chinese of the Han to the east. As a student of Native American history, I had never before thought of the Tibetans and Uighurs as Native peoples struggling against the Independence-minded peoples of a land that is called an adjunct of China on most of our maps. The random act of sitting next to a young woman on an Air India flight out of Hyderabad, bound for New Delhi taught me that the Tibetans had something to share with the Lakota, the Iroquois, and hundreds of other Native American states and nations in North America. Active resistance to Chinese rule lasted into the mid-nineteenth century, and continues today in a subversive manner, even in song, as I learned in 2018 when I acted as a foreign adjudicator on a Ph.D. dissertation by a Tibetan student at the University of Madras (in what is now in a city called Chennai), in southwestern India on resistance in song during Tibet’s recent history. Tibet is one of very few places on Earth where a young dissident can get shot to death for singing a song that troubles China’s Quest for Lebensraum. The situation in Xinjiang region, where close to a million Muslims have been interned in “reeducation” camps surrounded with brick walls and barbed wire. They sing, too. Come with us and hear the music. Back to Europe now, in Chapter 4, to Portugal and Spain, we find a break in the general pattern of nationalism. Portugal has been more progressive governmentally than most. Spain varies from a liberal majority to military coups, a pattern which has been exported to Latin America. A situation such as this can make use of the term “populism” problematic, because general usage in our time usually ties the word into a right-wing connotative straightjacket. “Populism” can be used to describe progressive (left-wing) insurgencies as well. José Pinto, who is native to Portugal and also researches and writes in Spanish as well as English, in “Populism in Portugal and Spain: a Real Neighbourhood?” provides insight into these historical paradoxes. Hungary shares some historical inclinations with Poland (above). Both emerged from Soviet dominance in an air of developing freedom and multicultural diversity after the Berlin Wall fell and the Soviet Union collapsed. Then, gradually at first, right wing-forces began to tighten up, stripping structures supporting popular freedom, from the courts, mass media, and other institutions. In Chapter 5, Bernard Tamas, in “From Youth Movement to Right-Liberal Wing Authoritarianism: The Rise of Fidesz and the Decline of Hungarian Democracy” puts the renewed growth of political and social repression into a context of worldwide nationalism. Tamas, an associate professor of political science at Valdosta State University, has been a postdoctoral fellow at Harvard University and a Fulbright scholar at the Central European University in Budapest, Hungary. His books include From Dissident to Party Politics: The Struggle for Democracy in Post-Communist Hungary (2007). Bear in mind that not everyone shares Orbán’s vision of what will make this nation great, again. On graffiti-covered walls in Budapest, Runes (traditional Hungarian script) has been found that read “Orbán is a motherfucker” (Mikanowski, 2019, 58). Also in Europe, in Chapter 6, Professor Ronan Le Coadic, of the University of Rennes, Rennes, France, in “Is There a Revival of French Nationalism?” Stating this title in the form of a question is quite appropriate because France’s nationalistic shift has built and ebbed several times during the last few decades. For a time after 2000, it came close to assuming the role of a substantial minority, only to ebb after that. In 2017, the candidate of the National Front reached the second round of the French presidential election. This was the second time this nationalist party reached the second round of the presidential election in the history of the Fifth Republic. In 2002, however, Jean-Marie Le Pen had only obtained 17.79% of the votes, while fifteen years later his daughter, Marine Le Pen, almost doubled her father's record, reaching 33.90% of the votes cast. Moreover, in the 2019 European elections, re-named Rassemblement National obtained the largest number of votes of all French political formations and can therefore boast of being "the leading party in France.” The brutality of oppressive nationalism may be expressed in personal relationships, such as child abuse. While Indonesia and Aotearoa [the Maoris’ name for New Zealand] hold very different ranks in the United Nations Human Development Programme assessments, where Indonesia is classified as a medium development country and Aotearoa New Zealand as a very high development country. In Chapter 7, “Domestic Violence Against Women in Indonesia and Aotearoa New Zealand: Making Sense of Differences and Similarities” co-authors, in Chapter 8, Mandy Morgan and Dr. Elli N. Hayati, from New Zealand and Indonesia respectively, found that despite their socio-economic differences, one in three women in each country experience physical or sexual intimate partner violence over their lifetime. In this chapter ther authors aim to deepen understandings of domestic violence through discussion of the socio-economic and demographic characteristics of theit countries to address domestic violence alongside studies of women’s attitudes to gender norms and experiences of intimate partner violence. One of the most surprising and upsetting scholarly journeys that a North American student may take involves Adolf Hitler’s comments on oppression of American Indians and Blacks as he imagined the construction of the Nazi state, a genesis of nationalism that is all but unknown in the United States of America, traced in this volume (Chapter 8) by co-editor Johansen. Beginning in Mein Kampf, during the 1920s, Hitler explicitly used the westward expansion of the United States across North America as a model and justification for Nazi conquest and anticipated colonization by Germans of what the Nazis called the “wild East” – the Slavic nations of Poland, the Baltic states, Ukraine, and Russia, most of which were under control of the Soviet Union. The Volga River (in Russia) was styled by Hitler as the Germans’ Mississippi, and covered wagons were readied for the German “manifest destiny” of imprisoning, eradicating, and replacing peoples the Nazis deemed inferior, all with direct references to events in North America during the previous century. At the same time, with no sense of contradiction, the Nazis partook of a long-standing German romanticism of Native Americans. One of Goebbels’ less propitious schemes was to confer honorary Aryan status on Native American tribes, in the hope that they would rise up against their oppressors. U.S. racial attitudes were “evidence [to the Nazis] that America was evolving in the right direction, despite its specious rhetoric about equality.” Ming Xie, originally from Beijing, in the People’s Republic of China, in Chapter 9, “News Coverage and Public Perceptions of the Social Credit System in China,” writes that The State Council of China in 2014 announced “that a nationwide social credit system would be established” in China. “Under this system, individuals, private companies, social organizations, and governmental agencies are assigned a score which will be calculated based on their trustworthiness and daily actions such as transaction history, professional conduct, obedience to law, corruption, tax evasion, and academic plagiarism.” The “nationalism” in this case is that of the state over the individual. China has 1.4 billion people; this system takes their measure for the purpose of state control. Once fully operational, control will be more subtle. People who are subject to it, through modern technology (most often smart phones) will prompt many people to self-censor. Orwell, modernized, might write: “Your smart phone is watching you.” Ming Xie holds two Ph.Ds, one in Public Administration from University of Nebraska at Omaha and another in Cultural Anthropology from the Chinese Academy of Social Sciences, Beijing, where she also worked for more than 10 years at a national think tank in the same institution. While there she summarized news from non-Chinese sources for senior members of the Chinese Communist Party. Ming is presently an assistant professor at the Department of Political Science and Criminal Justice, West Texas A&M University. In Chapter 10, analyzing native peoples and nationhood, Barbara Alice Mann, Professor of Honours at the University of Toledo, in “Divide, et Impera: The Self-Genocide Game” details ways in which European-American invaders deprive the conquered of their sense of nationhood as part of a subjugation system that amounts to genocide, rubbing out their languages and cultures -- and ultimately forcing the native peoples to assimilate on their own, for survival in a culture that is foreign to them. Mann is one of Native American Studies’ most acute critics of conquests’ contradictions, and an author who retrieves Native history with a powerful sense of voice and purpose, having authored roughly a dozen books and numerous book chapters, among many other works, who has traveled around the world lecturing and publishing on many subjects. Nalanda Roy and S. Mae Pedron in Chapter 11, “Understanding the Face of Humanity: The Rohingya Genocide.” describe one of the largest forced migrations in the history of the human race, the removal of 700,000 to 800,000 Muslims from Buddhist Myanmar to Bangladesh, which itself is already one of the most crowded and impoverished nations on Earth. With about 150 million people packed into an area the size of Nebraska and Iowa (population less than a tenth that of Bangladesh, a country that is losing land steadily to rising sea levels and erosion of the Ganges river delta. The Rohingyas’ refugee camp has been squeezed onto a gigantic, eroding, muddy slope that contains nearly no vegetation. However, Bangladesh is majority Muslim, so while the Rohingya may starve, they won’t be shot to death by marauding armies. Both authors of this exquisite (and excruciating) account teach at Georgia Southern University in Savannah, Georgia, Roy as an associate professor of International Studies and Asian politics, and Pedron as a graduate student; Roy originally hails from very eastern India, close to both Myanmar and Bangladesh, so he has special insight into the context of one of the most brutal genocides of our time, or any other. This is our case describing the problems that nationalism has and will pose for the sustainability of the Earth as our little blue-and-green orb becomes more crowded over time. The old ways, in which national arguments often end in devastating wars, are obsolete, given that the Earth and all the people, plants, and other animals that it sustains are faced with the existential threat of a climate crisis that within two centuries, more or less, will flood large parts of coastal cities, and endanger many species of plants and animals. To survive, we must listen to the Earth, and observe her travails, because they are increasingly our own.

This chapter looks at the transformation of the French Empire to the French Union. The French Union would not acquire a juridical basis until the finalization of the new constitution in October 1946 and the meaning of the declarations about citizenship and federation were far from clear or generally accepted. However, a new name for empire had been introduced, the formula of federation had been invoked, and the possibility of an inclusive citizenship had been put on the table. Later, events in Indochina and Algeria would shape the debate over extending citizenship to Africans, but in contradictory ways. The conflicts led some to conclude that French control had to be more rigorous and others to emphasize the need to make overseas subjects feel included in an imperial community.

Bennigsen’s note and the Cossack’s information that the left flank of the French was unguarded were merely final indications that it was necessary to order an attack, and it was fixed for the 5th of October. In the morning of the 4th of October Kutuzov...

This chapter focuses on the various requirements for provision of company information for purposes of transparency, particularly with respect to constitution, membership, officers and finances. The required information must be provided to Companies House, where it can be inspected by anyone on payment of the prescribed fees, or at the company’s registered office or an alternative inspection place. Some other information is required by the Companies Act 2006, the Insolvency Act 1986, the Insolvency (England and Wales) Rules 2016 and related statutory instruments to be sent to Companies House. The chapter also sets out the requirements for a company’s registered name and registered number to be given on business letters, order forms and websites.

This chapter deals with articles of association, the principal element of a company’s constitution, under the Companies Act 2006. It describes the content of the articles, model articles of association which can be adopted by limited companies (either in whole or in part) on registration, and the function of articles as a contract between the company and its members and between the members themselves. It also considers provisions of articles that may be incorporated in other contracts and the right of members of a company to amend its articles. The chapter discusses a number of particularly significant court cases, including Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656 and Quin and Axtens Ltd v Salmon [1909] AC 442.

This chapter deals with articles of association, the principal element of a company’s constitution, under the Companies Act 2006. It describes the content of the articles, model articles of association which can be adopted by limited companies (either in whole or in part) on registration, and the function of articles as a contract between the company and its members and between the members themselves. It also considers provisions of articles that may be incorporated in other contracts and the right of members of a company to amend its articles. The chapter discusses a number of particularly significant court cases, including Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656 and Quin and Axtens Ltd v Salmon [1909] AC 442.

This chapter deals with articles of association, the principal element of a company’s constitution, under the Companies Act 2006. It describes the content of the articles, model articles of association which can be adopted by limited companies (either in whole or in part) on registration, and the function of articles as a contract between the company and its members and between the members themselves. It also considers provisions of articles that may be incorporated in other contracts and the right of members of a company to amend its articles. The chapter discusses a number of particularly significant court cases, including Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656 and Quin and Axtens Ltd v Salmon [1909] AC 442.

Abstract On 24 November 1977, two years after the death of General Franco and at the height of the transition towards democracy (or, more specifically, when the Committee was drawing up the Preliminary Draft of the Constitution) Spain became a signatory to the European Convention on Human Rights. However, it was not until 4 October 1972 that it ratified the Convention, after the Spanish Constitution had been approved.

"After the Armistice of Mudros on 30 October 1918, the Entente Powers started largescale occupations in the Ottoman lands. In this context, Urfa was first occupied by the British on 24 March 1919. The British brought Armenians disguised as soldiers with them and tried to attract the local tribes in the region to their side. With the Syrian Agreement of 15 September 1919, the British occupation of Urfa was replaced by the French occupation on 30 October 1919. The French occupation of the city was more violent than the British occupation. From the first day they entered Urfa, the French arbitrarily interfered in the affairs of the local government. Armenian volunteers brought from various places were placed in the Armenian neighborhood and Armenian excesses were tolerated. The silence of the Istanbul Government against the occupations led to the beginning of local organization in Urfa. Following the organization, armed resistance against the French occupation started on the night of 8-9 February 1920 under the leadership of Yüzbaşı Ali Saib Bey. The French, who agreed to leave the city as a result of the fierce battles, evacuated Urfa on 11 April 1920. When they left the city and arrived at Şebeke district, a major clash took place between them and the tribal forces. As a result of this clash, the French ended their occupation of Urfa with a great loss. In this study, the occupations in Urfa after the Armistice of Mudros as well as the resistance and liberation process of the city will be discussed."

"Antep, which had both economic and strategic importance during the War of Independence, was occupied by the British on 17 December 1918 after the Armistice of Mudros. The British also brought the Armenians, who had previously been displaced to Syria, to Antep. During the British occupation that lasted for approximately ten months, there were no armed conflicts despite some unfortunate situations. The British occupation of Antep was replaced by the French occupation on 25 October 1919. The French also took advantage of the Armenians during the occupation of Antep. Therefore, Armenian riots in the city started to increase. On 12 January 1920, due to the incidents caused by the French and Armenians in Araptar Village, the Antep resistance first started outside the city. In these clashes on the Antep-Maras road, the Karayılan and Memik Agha son of Boyno gangs proved to be very useful. Şahin Bey also left the French in a very difficult situation with his activities on the Kilis-Antep road in February and March 1920. After the martyrdom of Şahin Bey, the resistance in Antep moved inside the city as of 1 April 1920. In this period, the resistance in the city was organised by commanders such as Kılıç Ali and Özdemir Bey. The French, who were defeated in Maraş and Urfa, besieged Antep for weeks. The city, which resisted with its own means for about eleven months, fell on 9 February 1921 due to starvation. On 20 October 1921, when the Türkiye-Syria border was drawn with the Ankara Treaty, French soldiers left Antep on 25 December. Thus, the occupation period in Antep, which started with the British in December 1918 and continued with the French, ended on 25 December 1921. In this study, the occupation and resistance movement in Antep after the Armistice of Mudros will be discussed."

Following the successful series of the Jason satellites family, the French-US SWOT (Surface Water and Ocean Topography) satellite was launched at the end of 2022. Thanks to its wide-swath Ka-band radar interferometer, KaRin, developed by the NASA-JPL, it will offer a new opportunity for measuring the surface water height of lakes, river and flood zones, and for seeing mesoscale and sub-mesoscale circulation patterns of oceans. The platform, developed by Thales Alenia Space for CNES, is dimensioned for a satellite mass near 2 tons and a large power supply near 6.6 kWs in order to satisfy the mission needs on a drifting low earth orbit (altitude near 900 km, inclination of 78 degrees) with a local nadir and track compensation guidance. This platform uses the generic Step2 avionics developed by Thales Alenia Space. Its AOCS (Attitude and Orbit Control System) is based for the mission on a gyroless estimation and a 4-RWs control. The first challenge of the SWOT life was the deployment of the KaRin payload constituted of two radar antennas perched at the end of two 5-meter booms. A dedicated AOCS strategy has been implemented, in order to guarantee the robustness of this critical phase at both payload and platform level. As soon as the payload has been deployed, it requires a high dynamical stability in order to achieve the foreseen precision. This stability is defined by a criterion based on displacements of several points on the payload and a threshold expressed in terms of PSD (Power Spectral Density). It induces a specific approach in terms of AOCS tunings, in order to limit the excitation of given payload flexible modes for a wide range of frequencies. The last dimensioning point in terms of AOCS is the end of life strategy. The French Space Operation Act was adopted by the French Senate in 2008 in order to assure the protection of people, goods and the environment with respect to space activities. As SWOT launch has taken place after the year 2020 and the control operations will be done at CNES in France, the satellite shall respect the requirements existing in the FSOA in terms of end of life. One of the major constraints is the casualty risk limitation and due to the payload constitution there is only one solution: to guarantee a controlled re-entry of the satellite after the end of the mission. This implies a dedicated AOCS architecture, especially in terms of propulsion capacity and of guidance at low altitudes. The strategy adopted in order to be compliant to the FSOA consists in aiming an impact of the satellite debris inside the South Pacific Ocean Uninhabited Area (SPOUA). For doing this, a first phase consists on descending the perigee to achieve an elliptic orbit from the mission circular orbit. The objective of this phase is to decrease the perigee until the minimum altitude to ensure attitude control. This attitude has been determined with an iterative process to optimize the solar arrays position, leading to a glider approach. Then a second phase contains a last single thrust at the apogee for the final re-entry over SPOUA. The casualty risk has been computed taking into account the equipment reliability, which has led to a design with 8 thrusters for the reentry instead of one unique apogee engine. The objective of this paper is to explain how the SWOT payload has impacted the AOCS architecture. The main specificity of SWOT is the fact that the payload has to be taken into account before the mission, during the mission and after the mission. In the end, the AOCS has to manage a large satellite, a variable geometry (due to the payload deployment in flight) and a variable orbital domain (due to the controlled re-entry after the mission). The paper describes the mission context in the first part. Then it focuses on the payload deployment strategy in the second part. In the third part, the performance during the mission phase is presented. The last part of the paper is dedicated to the controlled re-entry description. The paper will present for each subject the developed concepts and the strategy used for their validation, and will illustrate them with the behavior observed in flight.