Constitutional values

Šajā rakstā tiek analizēts, kā jēdzieni “zinātne” un “pseidozinātne” tika atspoguļoti Latvijas presē Staļinisma periodā no 1940.–1941. gadam un 1944.–1953. gadam. Padomju varas apstākļos zinātne tika spēcīgi politizēta, un par “īstās” zinātnes kritēriju kalpoja marksisma–ļeņinisma ideoloģija. Jebkura zinātnes nozare vai teorija, kas neatbilda marksistiskajai interpretācijai, tika apzīmēta kā “buržuāziskā pseidozinātne” un nosodīta. Šāda klasifikācija ļāva režīmam marginalizēt un diskreditēt idejas, kas tika uzskatītas par draudu komunistiskajai ideoloģijai vai padomju varai. Latvijā šī ideoloģiskā tīrīšana pēc padomju dubultokupācijas būtiski pārveidoja zinātnisko vidi, izraisot atsevišķu nozaru apspiešanu, kā arī vietējo zinātnieku apklusināšanu vai vajāšanu.

This article examines the June 2025 caste-based atrocity in Dandarpur village, Etawah district, Uttar Pradesh, as a lens for understanding the systemic dishonesty and manipulative strategies that sustain Brahminical dominance. Drawing on police reports, credible media coverage, eyewitness testimonies, public statements, and personal observations, this article illustrates a troubling pattern: Brahmins routinely deploy false counter-accusations and misrepresentations to shield themselves after acts of caste-based oppression. Beyond public incidents, Brahminical dishonesty extends into everyday interactions and online discourse, allowing Brahmins to manipulate public perception and betray those who would otherwise engage with them in good faith. This article underscores that Brahminical dishonesty is not an exception but a systemic feature of caste dominance that requires empirical attention and sustained counteraction.

Parties to a contract must adhere to a minimum threshold of mutual respect in which the ''unreasonable and one-sided promotion of one's own interest at the expense of the other infringes the principle of good faith to such a degree as to outweigh the public interest in the sanctity of contracts'' ... The task is not to disguise equity or principle but to develop contractual principles in the image of the Constitution. 1 If, through inexperience, carelessness or weakness of character, [a man] has allowed himself to be overreached, it is just too bad for him, and it can only be hoped that he will learn from his experience. The courts will not release him from the contract or make a better bargain for him. Darwinian survival of the fittest, the law of nature, is also the law of the marketplace. 2 Welcome to the jungle/It gets worse here every day/You learn to live like an animal/In the jungle where we play/If you've got a hunger for what you see/You'll take it eventually/You can have anything you want/But you better not take it from me/In the jungle/Welcome to the jungle/Watch it bring you to your knees (I'm gonna watch you bleed). 3 1 Davis J in Mort v Henry Shields-Chiat 2001 1 SA 404 (C) 475A-E. 2 Hahlo 1981 SALJ 70. 3 W Axl Rose -Guns 'n Roses "Welcome to the jungle" Appetite for Destruction (Geffen Records ©1987). 4 As Hawthorne observes, "[t]he recognition of the influence of good faith in the South African law of contract ranges from acknowledgment to denial" -Hawthorne 2003 SAMLJ 272. And: "In recent years, in South Africa, good faith has regularly been brought out of the display cabinet, SALJ 867-868 (and 868 fn 12). 27 Bhana and Pieterse 2005 SALJ 889 believe that good faith is "arguably one of the most viable avenues through which to align the common law of contract with the values underlying the Constitution".

The paper critically examines the phenomenological analysis of systemic marginalisation and epistemic appropriation of Dalit and Muslim experiences in South Asian postcolonial academic discourse. It explores the complexities of caste, religion, and social exclusion in academia, interrogating how upper-caste scholars commodify the lived realities of Dalit and Muslim communities to reinforce their intellectual authority. Employing decolonial theory, Ambedkarite thought, and Southern epistemologies, the study highlights extractive academic practices that marginalise subaltern voices, perpetuating hegemonic, casteist knowledge structures. Through Participatory Action Research (PAR) and interphenomenological analysis, the paper foregrounds the agency of Dalit and Muslim scholars, challenging dominant academic norms that erase subaltern agency and appropriate their intellectual labour without ethical engagement. It utilises Bourdieu's habitus and Foucault's power/knowledge framework to demonstrate how individual agency and structural constraints shape the experiences of marginalised scholars in South Asian academia. Informed by Naples' insider perspective, the study explores reflexivity in insider/outsider dynamics, advocating for epistemic justice through decolonising and debrahmanising scholarship by centring Dalit and Muslim epistemologies. It calls for spaces where marginalised scholars are integral to knowledge production, envisioning a transformative academic paradigm that transcends tokenism and challenges institutional complicity while advocating for global solidarity for epistemic equality. The paper advocates dismantling casteist and colonial epistemic hierarchies for a more inclusive, equitable academia.

This research paper explores the psychological, emotional, and social dimensions behind the conscious decision of many educated Dalits to conceal their caste identity in urban and elite settings. Despite constitutional protections and reservation policies, caste continues to haunt modern spaces-not through overt discrimination alone, but through subtle microaggressions, casteist , humor, social exclusion, and internalised shame. Through interviews, case studies, and sociological frameworks, the study examines the trauma of being "the only one" in high-status institutions, the fear of social rejection, the burden of representation, and the emotional cost of navigating life with a hidden identity. It also looks at the paradox of how progress leads to isolation, and how caste trauma doesn't end with economic upliftment-it mutates. The concept of the "Caste Closet" draws parallels to the queer experience of staying closeted-suggesting that silence, for Dalits, is both a survival tactic and a deeply painful sacrifice. The paper proposes new frameworks of healing, collective visibility, and emotionally safe spaces for Scheduled Castes to reclaim their truth.

This paper focuses on possessory protection of immovables (or real property) in Brazilian civil law and Canadian common law. In both jurisdictions, possession enjoys a specific protection or status, which in turn relates to the rest of property law, particularly the law of acquisitive prescription, in a specific way. But in and by itself, despite these conceptual differences, possessory protection in Canada or Brazil works in an objective fashion: it is not denied to possessors in bad faith as a principle. Nonetheless, in both systems, the institutions designed to protect possession have been “moralized” by judges to echo concerns similar to those voiced in relation to acquisitive prescription, but also to emphasize human rights, constitutional values and good faith. In Brazil, this moralization process is the consequence of the emergence of a constitutionalized civil law and of the social function of the right of ownership. In several cases, it has allowed illicit buildings to rema...

In India, a key participant in the Afro-Asian Writers' Movement, Dalit literature has partially inherited and advanced the legacy of this movement. Building upon the foundation of Indian progressive literature, which was closely tied to the Afro-Asian Writers' Movement, Dalit literature deeply portrays how Dalits, situated at the bottom of society, resist brutal economic exploitation and caste discrimination. By absorbing the critical spirit of leftist literature and the Black civil rights movement toward the modern world system and racial hierarchy, as well as leveraging transnational cultural exchange and dissemination networks, Dalit literature achieves a dialectical unity in narrating India's unique caste conflicts and the universal quest for equality globally. Despite similarly facing insufficient external political support, Dalit literature has more successfully established an autonomous "counter-public sphere" and extended its influence into social and political domains compared to progressive literature. Therefore, Dalit literature, which simultaneously addresses the concerns of marginalized communities and the world system while emphasizing subjectivity and agency, represents a "New Afro-Asian Literature" that aids in reimagining Afro-Asia and the world, inspiring exploration of a contemporary "Literary Afro-Asianism.

As per official statistics, every eighteen minutes a crime is being committed on a Dalit (Teltumbde, 2008: 9). Every day three Dalit women are raped, two Dalits are murdered, two Dalit houses are burnt and eleven Dalits are beaten. Various reports of the National Crime Records Bureau and the National Commission for Scheduled Castes indicate an alarming increase in violence against Dalits. Violence against Dalits is not a new phenomenon. However, the reportage of violence against Dalits is a recent
affair. This research primarily aims at analysing the historical, socio-cultural and legal context of violence against Dalits in contemporary India.

To study the continuity and change in the nature and forms of violence against Dalits, an analysis of the normative order in Indian society would be necessary. By normative order, the research aims to study the norms, both in traditional as well as contemporary India, that regulate the socio-religious, economic and political life of people. While caste system largely governed the social life in the traditional India, a selective reference to secondary resources would be required to understand the religious and legal codes that legitimize discrimination and violence against lower castes. Since Dalits occupy the lowest position in the social order, such legitimization would explain discrimination and violence against them as well. In modern India, on the other hand, it is the Constitution of India with its enshrined values of equality, liberty and fraternity that regulates the social life. And thus, the study of the constitutional provisions would enable us to grasp the changing normative order affecting all citizens of India, including Dalits.

Artykuł opisuje fragment relacji państwo-kościół, w części dotyczącej sporu o aksjologię Konstytucji RP. Scharakteryzowane są w nim główne stanowiska podmiotów konkurujących w codziennej, politycznej walce „o rząd dusz”. Podawane są również przykłady ilustrujące proces odchodzenia elit od tych przepisów Konstytucji, które określiły prawne ramy stosunków między państwem a kościołem, a którymi dla hierarchii kościelnej okazały się niewygodne nie tylko z powodów ideologicznych. Autorka uważa, że na gruncie stosunków Państwo-Kościół mamy w Polsce znów do czynienia ze zjawiskiem, które w literaturze przedmiotu określane jest mianem „konstytucji pisanej” i „konstytucji rzeczywistej”. Pozwala to niektórym autorom na stwierdzenia, że Polska nie jest dziś państwem neutralnym światopoglądowo. Naruszane są w tej płaszczyźnie nie tylko przepisy Konstytucji z 2 kwietnia 1997 r., ale również obowiązujące standardy europejskie. Na skutek narastającego oporu społecznego rysuje się jednakże szansa n...

Studies have shown that emotions play an important role in the emergence, unfolding, and demise of social movements. Many studies argue that anger is one of the most propelling emotions promoting movement participation, while others demonstrate the ambivalence of anger within social movements. Previous studies have suggested that the context in which emotions play a role in social movements remains underexplored. This study focuses on the self-organized feminist online space, where the political and private dimensions overlap, and contextualizes anger among online feminists who question the inferior position of women in patriarchal marriage, the family, and women's low social status in contemporary China. Based on previous literature on emotions in social movements and methods of emotion discourse analysis, this study aims to deliberate (1) the subversive feature when anger is directed to the structure and opponents and (2) anger misaligned with other emotions in that its subversive power is suppressed. The findings revealed that anger represents subversive power when feminists oppose the source of injustice and confront their opponents' denigration without fear. However, frustration, grievance, and pain come to the forefront when anger is suppressed in affective relationships. Additionally, when feminists successfully cope with emotional conflicts and emphasize the empowering side of their antimarriage stance, their feminist identities are reinforced.

The subject of the article is a reference to beauty in the preamble to the Constitution of the Republic of Poland of 1997. First, the legislative history of the fragment of the introduction to the Constitution, which constitutes beauty as a universal value, has been presented. Then it has been interpreted, taking the position that the constitutional concept of beauty is not only an aesthetic category but also an ethical category. Finally, a study of jurisprudence and normative acts has allowed to define the scope of beauty operationalization as a constitutional value. Critical reference has been made to the state of affairs in which beauty, being an element of constitutional axiology, plays a barely noticeable role in the practice of creating and applying Polish law.

Only in 1998, the Constitution of the Republic of Latvia-Satversme, which has been adopted more than a hundred years ago and is one of the oldest constitutions in Europe, was supplemented with a new chapter concerning the regulation of fundamental human rights. Until the adoption of Chapter 8 of the Satversme, only a few fundamental human rights could be found in the Constitution. The article discusses the development of the regulation of fundamental rights in the Satversme, the importance of fundamental rights in a democratic state, as well as reflects the catalogue of fundamental rights. In the article, the authors, looking at the catalogue of fundamental rights included in the Satversme, analyses fundamental rights by dividing them in groups, i.e. civil, political, social, economic, cultural and solidarity rights. The publication outlines the most characteristic features of each group of fundamental rights, points out content of those rights and looks into the recent case law of the Constitutional Court. The publication can contribute to the study material for law students of constitutional law course.

La consideración de los resultados empíricos de la Investigación I+D (2004-2007) sobre las actitudes de la juventud ante los valores de la Constitución Europea y las Instituciones Democráticas, nos lleva a reflexionar sobre la necesidad de educar a la juventud en los valores que respaldan la convivencia democrática si queremos que esta sociedad europea, especialmente la ciudadanía más joven, progrese en el respeto a los demás y a las propias Instituciones democráticas. En ella, hemos podido constatar como existe un reconocimiento general por parte de la juventud de los valores de la Constitución Europea sin existir diferencias significativas entre los países estudiados. Valores que constituyen grandes marcos abstractos (Dignidad, Libertad, Igualdad ante la Ley, Solidaridad, Ciudadanía, Justicia) a los que debemos ajustar la conducta, aunque los propios jóvenes manifestaban que no siempre era fácil llevarlos a la práctica. Esta distancia entre la teoría y la realidad, el pensamiento y la aplicación del valor, que supone condicionar el valor a las circunstancias, es una de las características que podríamos generalizar a la juventud europea, "relativismo moral" que debemos tener presente en la educación en valores. También, nos encontramos con un escaso conocimiento cívico y del funcionamiento de las Instituciones Democráticas, de ahí su pobre concepto sobre "el buen ciudadano" y su desinterés por temas colectivos. Todo lo cual, nos lleva a plantearnos la necesidad de la educación en valores democráticos de la ciudadanía más joven de Europa.

Konstitusi adalah undang-undang yang mengatur kehidupan nasional agar kekuasaan tidak disalahgunakan dan hak asasi manusia tidak dilanggar. Konstitusi memiliki kemampuan untuk berubah sesuai dengan perkembangan kehidupan masyarakat; Dengan kata lain, konstitusi dapat berubah terus menerus sesuai dengan kebutuhan masyarakat.Studi kepustakaan adalah metodologi yang digunakan dalam penelitian ini. Negara dan konstitusi adalah lembaga yang tidak dapat dipisahkan. Nilai Konstitusi memainkan peran penting dalam kehidupan ketatanegaraan bangsa. Oleh karena itu, doa hal ini sangat penting. Kata kunci : Konstitusi, Nilai Constitutions are laws that regulate national life so that power is not abused and human rights are not violated. The constitution has the ability to change in accordance with the development of people's lives; in other words, the constitution can change continuously in accordance with the needs of the community. The state and the constitution are inseparable institutions. The value of the Constitution plays an important role in the constitutional life of the nation. Therefore, the prayer of this matter is very important.

The author explores the link between the constitutional values and the existence of a national state, viewing the Latvian language as one of the constitutional values. The article first addresses the notion of "value" and highlights its social and constitutional meaning. It continues with analysing protection of the Latvian language as a value at the constitutional level, asking whether the constitutional ranking gives the Latvian language a genuine and comprehensive protection and promotes its further development in all areas of society's life. The author claims that even protection at the constitutional level does not safeguard the official language from the threats of globalization, which, in the first place, affects science, thereby indirectly also impacting the higher education.

The freedom of the individual and the rights guaranteeing it are fundamental values of modern liberal democracy. In the presence of two mutually exclusive concepts of freedom, the positive, which enables the state to interfere in a person's life, and the negative, which minimizes the state's ability to interfere in a person's private autonomy, it is very important to have a clear understanding of what freedom is. In Latvia, the concept of freedom is not clearly defined in the legislation or legal doctrine. In addition, there is a lack of adequate public debate on this issue, including the argumentation within the legislative process, when laws restricting person's fundamental rights are passed. The lack of a clear concept of freedom also affects an understanding of the content of a person's fundamental rights and freedoms.

The centenary of the Satversme – the Constitution of the Republic of Latvia – in 2022 was an important event for the State of Latvia. The Satversme is one of the oldest valid constitutions in Europe. Its fate is unique, making Latvia interesting in the context of comparative constitutional law.The authors of this article have examined the creation and evolution of the Satversme in the course of the last century, as well as analysed the current changes to the system of the Latvian State. Re-examining the instruments of direct democracy (referendum and legislative initiative), by expanding participation of the totality of Latvia’s citizens in public administration, has been outlined as a direction requiring improvements, likewise, “parliamentary weakness”, leading to judicial activism, is examined and leads to reflections on the need to increase the role of the President in the area of separation of powers, as well as control over the parliament and the executive power.

Dalit memoirs and autobiographies are among the most reliable sources for understanding Dalits' past tribulations, struggles and agonies. Writings dealing with Dalit issues were mostly written in regional Indian languages and later translated into English. The subject matters of memoirs and autobiographies are directly related to the period in which they were written, such as Joothan: A Dalit's Life, by Omprakash Valmiki or Baluta (The Discarded Share) by Daya Pawar, both of which were set in the nineteenth century and were written by the first generation of Indian Dalit authors who, in their works, described their experiences with casteism and violence. Now that time has changed, problems have shifted and the newer generation faces casteism differently. Water in a Broken Pot is the memoir of Yogesh Maitreya, an influential independent Indian Dalit publisher, poet and writer. This book intimately describes his experiences of agony, solitude, deprivation, alienation and the political consciousness of his caste identity, and it is incredibly affecting and profoundly honest. The poignant memoir is a tale of tenacity and brutality. Maitreya writes about his father's struggle against alcohol and his passion for cinema. He discusses how working relentlessly in factories shattered their inter-generational dreams. The battle of being lost, omitted and unmentored in India's casteist, exclusionary and hostile educational system. This memoir also faithfully explores the feeling of lovelessness, loss and heartache. After job-hopping to make ends meet, Maitreya describes his eventual discovery of the literary world and the Ambedkarite legacy, which helped him in shaping his identity and concluding his career choice of book publishing. This fresh and radical voice tells his story in the most candid and unfiltered manner, as it occurred, permitting readers to be similarly vulnerable when recounting their stories. This memoir is a trombone to observe the structures of Indian society and people from different social groups, and it gives an insight into the feelings and insecurities that were felt by Indian Dalits across the country but never talked about or discussed openly. Things that look Naïve to the Savarna community are more complex to the Dalits who are dealing with them. Dalit autobiography is more of a social narrative than a personal account. The memoir by Maitreya is a first-hand documentation of Dalits' dilemma and introspection in recent times. This book powerfully subverts many of the stereotyped understandings of Savarna and Dalits. The book is divided into 13 chapters, in which Maitreya describes his life journey. In the first Chapter, 'Learning to See', Maitreya expounds upon his formative period and describes his family's background, status, circumstances and how his memory is his only possession. He investigates how his memories are the only proof of his existence, just as they were for all Dalits in the past.

The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult to define human dignity in a legal context, as the concept is not defined in the first international document which recognizes inherent human dignity and the protection thereof, the Universal Declaration of Human Rights (1946) and many international (and national) documents enacted thereafter. Despite dissensus regarding the widespread use of the concept, dignity has come to display three elements in constitutional adjudication post World War Two: the ontological element which entails that human beings have equal inherent human dignity that cannot be waived or diminished; the second element being the claim that inherent human dignity has to be recognised and respected; and the limited-state claim as the third element which entails that states have a positive obligation to progressively realise human dignity through the mechanism of socioeconomic rights. It is widely accepted that these elements root in Kantian moral ethics which holds that man's autonomy is based upon universal dignity, as a result of which man should never be used as a means to an end, but only as a means in himself. Kant expressed this idea through formulation of a categorical imperative, namely that everyone's inherent human dignity has to be respected and protected universally. The preamble of the Universal Declaration of Human Rights (1946), article 1(1) of the German Basic Law and section 10 of the Constitution of the Republic of South Africa, 1996 embody the elements of Kant's categorical imperative. As a result, the three elements are applied as a definitional term of human dignity in German and South African constitutional adjudication. Based on these elements, it can be argued that the current idea of universal inherent dignity, at least in German and South African law, comports with Kant's ideal that man should never be used as a means to an end.

Driven by CA compromises and the risk of man-in-the-middle attacks, new security features have been added to TLS, HTTPS, and the web PKI over the past five years. These include Certificate Transparency (CT), for making the CA system auditable; HSTS and HPKP headers, to harden the HTTPS posture of a domain; the DNS-based extensions CAA and TLSA, for control over certificate issuance and pinning; and SCSV, for protocol downgrade protection. This paper presents the first large scale investigation of these improvements to the HTTPS ecosystem, explicitly accounting for their combined usage. In addition to collecting passive measurements at the Internet uplinks of large University networks on three continents, we perform the largest domain-based active Internet scan to date, covering 193M domains. Furthermore, we track the long-term deployment history of new TLS security features by leveraging passive observations dating back to 2012. We find that while deployment of new security features has picked up in general, only SCSV (49M domains) and CT (7M domains) have gained enough momentum to improve the overall security of HTTPS. Features with higher complexity, such as HPKP, are deployed scarcely and often incorrectly. Our empirical findings are placed in the context of risk, deployment effort, and benefit of these new technologies, and actionable steps for improvement are proposed. We cross-correlate use of features and find some techniques with significant correlation in deployment. We support reproducible research and publicly release data and code.

Tiesību doktore Jeļena Alfejeva skata jaunu tēmu – sporta jēdziena izpratni un tā attiecināšanu uz prāta spēlēm. Autore secina, ka sports ir visu veidu individuālas vai organizētas aktivitātes fiziskās un garīgās veselības saglabāšanai un uzlabošanai un saistīts ar panākumu gūšanu sporta sacensībās. J. Alfejeva uzsver, ka minētā jēdziena izpratne nav viennozīmīga. Doctor of law Jeļena Alfejeva addresses a new topic – understanding the definition of “sport” and its extension to mind games. The author concludes that sport can be understood as diverse individual and group activities with the aim to maintain and improve one’s physical and mental health, and it also aims to gain success in sport competitions. J. Alfejeva stresses that the term is rather ambiguous.

In the last two decades, we have seen the rise of companies providing digital services. Big Tech firms have become all-pervasive, playing critical roles in our social interactions, in the way we access information, and in the way we consume. These firms not only strive to be dominant players in one market, but with their giant monopoly power and domination of online ecosystems, they want to become the market itself. They are gaining not just economic, but also political power. This can be illustrated by Donald Trump’s campaigns, in which he attempted to influence the sovereign will, as the sovereign power is vested in the people. The Trump campaigns' use of Facebook's advertising tools contributed to Trump's win at the 2016 presidential election. After criticism of that election, Facebook stated that it would implement a series of measures to prevent future abuse. For example, no political ads will be accepted in the week before an election. Another example of how Big Te...

Dalit Studies is the field of study that critically engages with the discourses on the Dalit condition. Dalit condition is the state-of-being of the Dalits in their position in the society without any voice, visibility, value or agency, and altogether, without any identity. This state of less-than-human condition is sought to be resolved and ameliorated through various means, but how?

Indians boast for many things, but certainly not for these things. Last week Pravesh Shukla, belonging to a dominant caste urinated on the tribal man's face while nonchalantly smoking a cigarette even as someone captured the outrageous act on camera. The man has no idea why Pravesh urinated on him. "I had no dispute or quarrel with him. He did it just like that ….".

The authors felt it necessary to update the discussion, which is associated with higher education, as one of the forms, which operates under free market conditions, and the relationship that is established between the higher education institutions and the students. Higher Education Institutions is a “service provider”, but the student recipient of the service – “consumer”. Both the Latvian and international higher education area is very different and there are conflicting views on the issue. Consequently, the authors wanted to analyze the current situation in Latvia, look at the legal framework relating to the above problem and to provide their views.

The main point of that article is to consider the axiological aspect of legal temporality. The presupposition of authors is consideration of the legal framework as a specific type of social frameworks. The social temporality theory is applicable for characterizing the temporal modes of social reality. The category of time is discussed as a phenomenon determined by events in terms of the social temporality theory. The authors regard the category of legal time as a special kind of social time. Legal time becomes reality through rules of law, legal events and juridical facts. They function as reference points that shed light on the temporal processes in law. The category of legal time is essential for characterizing the specifics of legal relationships that remain fixed in the past, present and future. The kinds of time are of direct importance to law. These mentioned kinds exist in three temporal dimensions that are absolutes. The law links people and their destiny with the past, regu...

The subject of the article is a reference to beauty in the preamble to the Constitution of the Republic of Poland of 1997. First, the legislative history of the fragment of the introduction to the Constitution, which constitutes beauty as a universal value, has been presented. Then it has been interpreted, taking the position that the constitutional concept of beauty is not only an aesthetic category but also an ethical category. Finally, a study of jurisprudence and normative acts has allowed to define the scope of beauty operationalization as a constitutional value. Critical reference has been made to the state of affairs in which beauty, being an element of constitutional axiology, plays a barely noticeable role in the practice of creating and applying Polish law.

This research focuses on the institutional development of the National People’s Congress (NPC) in the period 1978-89, which was approximately the initial decade of the Post-Mao period of Chinese politics. For the NPC, this period saw the sharpest institutional development, which thus far remains under-researched. The main research question is how and why the NPC institution has developed. In other words, the research aims to illustrate the mechanism and factors that shape the NPC’s unique institutional characteristics. This study contributes to the existing literature that focuses largely on describing how the NPC institution changes by exploring why the NPC has acquired its many particularities. The main research question is answered from a new perspective external to the institution itself, which is guided by a theoretical framework centred on the ‘reform influencers’ who had a direct linkage to, or participated in, the NPC institutional reform. It is argued that clashes of consci...

Konstankevych Yu. Moral and ethical standards of public authority in the system of constitutional values = Морально-етичні стандарти публічної влади в системі конституційних цінностей / Yu. Konstankevych // Visegrad Journal on Human Rights. - 2018. - № 1/2. - P. 79-84.У статті розглянуто морально-етичні стандарти (критерії) публічної влади з погляду їх місця в системі конституційних цінностей. Серед іншого стаття розкриває необхідність висування цих критеріїв до посадових і службових осіб органів публічної влади, особливо суддівського корпусу. Стверджується, що висування морально-етичних критеріїв до представників публічної влади є інструментом для належного функціонування конституційної системи щодо охорони конституційних цінностей, захисту людських прав і свобод.In paper the moral and ethical standards of public authority in terms of their place in the system of constitutional values are considered. Among other things, the article reveals the necessity of nominating these standard...

Dalit politics in India has substantially influenced the emerging post-political discourse. They have reinstated their dialectical mode of functioning in order to circumvent the dispersed social power and the disciplinary effects of civil society, albeit in its selective celebration of identity politics. However, this writing departs from locating the Dalit category as naively synonymous with the notion of victimhood of upper-caste violence. Rather, we contend that it is more important to conceive of the Dalit category in symbolic sense: to stay critical to the effects of dominant culture, lest it covertly imposes itself, and simultaneously to build and promote own counterculture with all sorts of folk forms and symbolic representation of identity that nurtures the existence and dignity of the 'other'.

The current article views the history of establishment and legal foundations of Latvian as the official language of the state, beginning from the position of Latvian among other languages in the newly established independent state of Latvia. The article includes not only analysis of works by other authors and publications in the area of research but also examination of transcripts of various joint sittings of legislators in different periods (the People’s Council, the Constitutional Assembly, the Saeima of the first and the second period of independence, and the Supreme Council), as well as unpublished minutes of committees. Within the article, certain part of the research focuses also on normative acts related to the use and protection of the official language. The author provides a detailed review of normative acts concerning the official language, concluding the study with the review of the period before the Soviet occupation – the situation after establishment of Kārlis Ulmanis’...

The article deals with human dignity in constitutional law in terms of three characteristics: 1) value, 2) principle, 3) law. To achieve the goals of the article a comparative method is used which helps to find out specific examples from Germany and Ukraine. Aspects of the study of dignity in law, as well as the practice of protecting human dignity as a value and principle in the practice of the constitutional courts of Ukraine and Germany, are considered.

Статтю присвячено проблематиці принципів у конституційному праві, яка в теорії конституційного права все ще залишаються малодослідженою темою. Така ситуація пояснюється тим, що конституційне право поступово відходить від радянського розуміння досліджуваної галузі як державне право. Розглянуто теоретичні підходи до визначення принципів права. Зроблено висновок про те, що принципи стоять ніби на вершині системи права, але повноцінному розумінню такого твердження найбільше заважає сприйняття права з погляду формального підходу. Досліджено категорію «конституціоналізм», за допомогою якої розкривається підхід до сутнісного значення конституцій зокрема та конституційного права загалом. Ключова ідея полягає в обмеженні державної влади через гарантію прав людини, адже саме таким способом визначається призначення конституцій в сучасних демократіях. Наведено підходи до визначення принципів конституційного права, а також звернуто увагу на верховенство права та його характерні елементи в системі принципів конституційного права. Проаналізовано мотивацію рішень Конституційного Суду України, які було прийнято у 2017 році, з погляду посилання на принципи конституційного права. Зроблено висновок про те, що принципи права набуватимуть практичного значення за умови їх використання в аргументації судових рішень судами загальної юрисдикції. Саме так буде розкрито конкуренцію та балансування принципів права у контексті регулювання суспільних відносин. Розглянуто важливість запровадження інституту конституційної скарги, яка має стати найбільш переконливим кроком до практичної реалізації сутнісного розуміння принципів конституційного права.

This is a transcribed document of Gopal Purushottam Deshpande's (popularly known as GPD) interview. GPD was a well-known Marathi Playwright and an established academic scholar. He was born in Nashik and took his last breath in Pune (2013). GPD studied in reputed universities with the likes of Maharaja Sayajirao University, Baroda and Jawaharlal Nehru University, New Delhi. GPD regularly published columns with EPW (Economic and Political Weekly). He has several academic publications to his name, some of which include the following-Dialectics of Defeat: Problems of Culture in Post-Colonial India, published by Seagull, Kolkata (2006); Modern Indian Drama, published by Sahitya Academy (2004); Marathi plays, such as - Udhwastha Dharmashala (1974), Andharyatra (1995), Carcaka Nibandha (1999) etc.

The subject for GPD’s interview was Dalit Literature in Marathi, and he
was requested by the interviewer, Jondhale Rahul Hiraman (JRH), to
share his expertise on contemporary issues. Here is the full text of the Interview

This article develops a Dalit feminist paradigm for social justice that includes elements of caste-based violence. Given the historical and interdisciplinary feminist analysis of what kind of feminist solidarity is currently possible, I take caste-based violence as a social problem, arguing that it is possible to act on the principle of social justice. I contend that the time has come for a new progressive feminist solidarity paradigm of social justice. I outline the anti-caste and feminist movements of Indians, which are far from discussing Dalit women in the village. The anti-caste movement is based on Dalit identity and Ambedkar's ideology that fights for the rights of Dalits in India. While feminists talk about human rights and equality, none of these approaches work in a village plagued by caste-based violence. So, caste and gender issues andviolence need to shed light on Dalit feminist politics around social justice.

The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult to define human dignity in a legal context, as the concept is not defined in the first international document which recognizes inherent human dignity and the protection thereof, the Universal Declaration of Human Rights (1946) and many international (and national) documents enacted thereafter. Despite dissensus regarding the widespread use of the concept, dignity has come to display three elements in constitutional adjudication post World War Two: the ontological element which entails that human beings have equal inherent human dignity that cannot be waived or diminished; the second element being the claim that inherent human dignity has to be recognised and respected; and the limited-state claim as the third element which entails that states have a positive obligati...

See ch. 517, 26 Stat. 826 (1891). William M. Evarts, a leading New York lawyer, the first president of the Association of the Bar of the City of New York, and a United States Senator with many connections to Vermont, was the person who introduced the 1891 legislation. ' M. SCHICK, LEARNED HAND'S COURT 55 (1970).

In July 2018, twenty-year-old Sarita approached the Supreme Court of India seeking permission to terminate her twenty-five-week pregnancy.1 Sarita was a domestic violence survivor and suffered from other health complications due to epilepsy. She had learned of her pregnancy at seventeen weeks and her petition stated that she had become pregnant as a result of her husband’s refusal to use contraceptives. At twenty-one weeks, when she first approached the Bombay High Court, Sarita was just one week over the legal limit specified in the 1971 Medical Termination of Pregnancy (MTP Act), which permits

Among the plethora of public values, one special class is that of “regime values.” This notion plays a central role in the constitutional approach to public administration mainly developed by the late John A. Rohr. In this article, an attempt is made to assess the viability of Rohr’s concept of regime values and its applicability outside the United States. After brief overviews of the constitutional approach in general and Rohr’s use of the concept of regime values in particular, it is argued that Rohr’s conceptualizations of “regime” and “values” are too narrow and result in ambiguities within the concept of “regime values” itself. The applicability of the concept of “regime values” is unnecessarily affected by the typically American reference points Rohr uses and can best be improved, it is suggested, by treating “regime values” more frankly as an inherently normative concept.

[a.1] In 1968, Congress enacted the Federal Magistrates Act to enhance judicial efficiency in the federal courts. Since then, some judicial functions delegated to magistrate judges have been challenged on constitutional grounds: w hile federa l district judge s, appointe d pursuant to Article III of the United States Constitution, are protec ted with life tenure and undim inishable salary, thereby enhancing judicial independence, federal mag istrate jud ges, app ointed pursuant to Article I, have no such protection. The most recent major challenge to 1 Federal Magistrates Act, Pub. L. No. 90-578, 82 Stat. 1107 (1968); see infra Part II (discussing the Act). 2 See infra Part III. 3 See infra Part III.A. 4 See infra Part III (providing examples of constitutional challenges to the Act).

Apskatītajā laika posmā (1992–2018) ir izstrādāti trīs pamatizglītības standarti ar atšķirīgu latviešu valodas mācību saturu. Pētījuma mērķis ir analizēt gramatikas jautājumu īpatsvaru šajos dokumentos, lai izvērtētu gramatikas mācību satura atbilstību plānotajiem mācību rezultātiem, ko izsaka mācību priekšmeta mērķis un uzdevumi. Šim nolūkam veikta dokumentu deskriptīvā analīze, latviešu valodas standartu teksta ekscerpēšana, gramatikas mācību satura salīdzināmā analīze un tiešie novērojumi. Raksts sastāv no trijām daļām. Vispirms ir raksturota gramatikas jēdziena izpratne. Tad ir sniegts pārskats par latviešu valodas pamatizglītības standartu izstrādi. Trešajā daļā ir analizēts gramatikas saturs un tā nozīme valodas kompetences veidošanā. Latviešu valodas skolotājiem ir svarīgi izprast, ko no dzimtās valodas gramatikas bērns izmanto neapzināti, bet kas jāapgūst apzināti. Var secināt, ka gramatikas jautājumu īpatsvars latviešu valodas mācību saturā, pavirši skatoties, ir samazināji...

The main point of that article is to consider the axiological aspect of legal temporality. The presupposition of authors is consideration of the legal framework as a specific type of social frameworks. The social temporality theory is applicable for characterizing the temporal modes of social reality. The category of time is discussed as a phenomenon determined by events in terms of the social temporality theory. The authors regard the category of legal time as a special kind of social time. Legal time becomes reality through rules of law, legal events and juridical facts. They function as reference points that shed light on the temporal processes in law. The category of legal time is essential for characterizing the specifics of legal relationships that remain fixed in the past, present and future. The kinds of time are of direct importance to law. These mentioned kinds exist in three temporal dimensions that are absolutes. The law links people and their destiny with the past, regu...

Compressor response investigation in nearly unstable operating conditions, like rotating stall and incipient surge, is a challenging topic nowadays in the turbomachinery research field. Indeed, turbines connected with large-size volumes are affected by critical issues related to surge prevention, particularly during transient operations. Advanced signal-processing operations conducted on vibrational responses provide an insight into possible diagnostic and predictive solutions which can be derived from accelerometer measurements. Indeed, vibrational investigation is largely employed in rotating-machine diagnostics together with time-frequency analysis such as smoothed pseudo-Wigner Ville (SPWVD) time-frequency distribution (TFD) considered in this paper. It is characterized by excellent time and frequency resolutions and thus it is effectively employed in numerous applications in the condition monitoring of machinery. The aim and the innovation of this work regards SPWVD utilization...

Certificate Transparency (CT) is an emerging system for enabling the rapid discovery of malicious or misissued certificates. Initially standardized in 2013, CT is now finally beginning to see widespread support. Although CT provides desirable security benefits, web browsers cannot begin requiring all websites to support CT at once, due to the risk of breaking large numbers of websites. We discuss challenges for deployment, analyze the adoption of CT on the web, and measure the error rates experienced by users of the Google Chrome web browser. We find that CT has so far been widely adopted with minimal breakage and warnings. Security researchers often struggle with the tradeoff between security and user frustration: rolling out new security requirements often causes breakage. We view CT as a case study for deploying ecosystem-wide change while trying to minimize end user impact. We discuss the design properties of CT that made its success possible, as well as draw lessons from its risks and pitfalls that could be avoided in future large-scale security deployments.

1. Basic Income: what are we talking about?The idea of a Basic Income grant to provide for fundamental life needs dates back a long time in the history of the broader ius existentiae debate (Bronzini, 2011). Basic Income sits in the debate concerning the historical issue of wealth redistribution, rather in the discussion about the allocation of that amount of affluence generated by a determined social order, in a specific historical time. Indeed, we will see how Basic Income focuses directly on the relationship between social and productive organization, which is at the heart of the capitalist contemporary mainstream development model (Gorz, 2009).A first attempt to summarize this historical debate and to equip research of a commonly shared definition of Basic Income has been led by the philosopher Philippe Van Parijs and the political scientist Yannick Vanderborght. In their book, L'Allocation Universelle, they not only rebuild a thoroughly genesis of the principle of ius ad vi...

Even though we increasingly rely on HTTPS to secure Internet communications, several landmark incidents in recent years have illustrated that its security is deeply flawed. We present an extensive multidisciplinary analysis that examines how the systemic vulnerabilities of the HTTPS authentication model could be addressed. We conceptualize the security issues from the perspective of the HTTPS value chain. We then discuss the breaches at several Certificate Authorities (CAs). Next, we explore the security incentives of CAs via the empirical analysis of the market for SSL certificates, based on the SSL Observatory dataset. This uncovers a surprising pattern: there is no race to the bottom. Rather, we find a highly concentrated market with very large price differences among suppliers and limited price competition. We explain this pattern and explore what it tells us about the security incentives of CAs, including how market leaders seem to benefit from the status quo. In light of these findings, we look at regulatory and technical proposals to address the systemic vulnerabilities in the HTTPS value chain, in particular the EU eSignatures proposal that seeks to strictly regulate HTTPS communications.

In celebrating Judge Jon 0. Newman's three decades on the federal bench, and in reflecting particularly on the past and future of federal court jurisdiction, this symposium reminds us of elements of character, time, and skill required to perform with the "special competence normally expected of federal judges."' We do so in honor of an exceptional federal judge, however, whose special qualities as a judge, author, and teacher palpably exceed normal expectations. By focusing briefly on what Judge Newman has said and done about federal jurisdiction, we can begin to discern a model for principled legal realism. This model contrasts sharply with the incurious and overly binary approach of the current Court to such matters. Yet it has important implications-specific and general-for what we ought to expect from federal judges, even if they will not approach Newman's extraordinary blending of analytic vigor, clarity, and a balanced, keenly practical sense of the implications of any judicial decision, or of no decision at all. Each generation of law students takes too seriously, and nevertheless seeks to overturn, the dominant norms espoused by their professors. 2 It seems initially paradoxical, for example, that Jon Newman, a * Aviam Soifer teaches and has written extensively in the areas of American legal history and constitutional law at Boston College Law School, where he served as Dean from 1993-98. He clerked for Jon 0. Newman in 1972-73, Newman's first full year as a federal district court judge. Professor Soifer would like to express his great gratitude to Judge Newman, and also to Jeanne Ostapkevich and Leonard S. Spector, who made 1972-73 such an extraordinary and entertaining year. In addition, Paul Dubinsky and the staff of the Law Review deserve special appreciation and many thanks for their patience as well as their imagination in planning and implementing this symposium. Other symposium participants, other law clerks, and New York Law School helped create a most noteworthy occasion. Finally, Marlene Booth, Mary Bilder, and Ray Madoff generously read drafts with exceptional care and made their customary, extremely helpful suggestions. 1. Jon 0. Newman, Restructuring Federal Jurisdiction: Proposals to Preserve the Federal Judicial System, 56 U. CHI. L. REv. 761, 766 (1989). 2. A majority of the currentJustices of the United States Supreme Court went to the Harvard Law School during the salad days of Legal Process's emphasis on respect for appropriate institutional roles. Apparently five Justices actually imbibed Legal Pro-