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O direito de crítica e o mandato político: The right of criticism and the political mandate ; The right of criticism and the political mandate: The right of criticism and the political mandate
O direito de liberdade[1] à informação jornalística foi objeto de proteção específica pela nossa Constituição, que, no parágrafo lº, do artigo 220, vedou expressamente qualquer atividade que possa constituir obstáculo ou embaraço ao fluxo informativo. Nesse sentido, o mens constitutionem é clara e incontroversa ao estipular vedação, quer ao Poder Executivo, quer ao Legislativo, para edição de atos ou desempenho de atividades que obstaculizem ou, de alguma forma, embaracem a livre informação jornalística. Na verdade, a informação jornalística foi alçada a um patamar singular de proteção por razões bastante palpáveis. É que a informação jornalística constitui veículo da opinião pública livre. Esta, de sua vez, garantia institucional da democracia e do pluralismo político, indicados, pelo artigo 1º, caput e inciso V, da Constituição Federal, como, respectivamente, essência e fundamento da República Brasileira. O direito de informação jornalística, tal qual os demais direitos fundamentais, não é absoluto. Antes, é limitável, encontrando na existência e na observância dos demais direitos constitucionais as fronteiras demarcatórias da sua extensão. Em diversas situações, o exercício de um direito fundamental pode implicar a ofensa de outro, ou outros direitos, de igual ou diferente natureza. Essas hipóteses, concretizadas amiúde na fenomenilização dos preceitos constitucionais fundamentais, albergam diferentes soluções. Muitas vezes, por exemplo, a própria Constituição se preocupa com a compatibilização dos dois ou mais institutos envolvidos. Por um lado, por exemplo, prescreve o direito fundamental à propriedade privada. De outro, institucionaliza a desapropriação. Contudo, compatibiliza a aparente assincronia, disciplinando a prévia e justa indenização. Em outras ocasiões, o constituinte outorga ao legislador ordinário a faculdade de integrar em eficácia institutos constitucionais, ou ainda faculta a edição de diploma de eficácia de suas normas. São as chamadas normas constitucionais de eficácia restrita e de ...
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Independent experts with political mandates: 'Role distance' in the production of political knowledge
In: European journal of international security: EJIS, Band 5, Heft 3, S. 350-371
ISSN: 2057-5645
AbstractSome experts take on political mandates and simultaneously base their authority on a claim to independence: this balancing act enables international organisations (IOs) to incorporate 'independent' experts and generate 'objective' knowledge around their policies. However, how do these experts reconcile the contradictory roles of a mandated expert and an independent expert? I address this question by taking recourse to Goffman's sociology and two related concepts:sociological ambivalencerefers to situations in which a person faces conflicting expectations. This conflict can be remedied throughrole distance, that is, behaviour that signals a degree of disaffection from the role one is currently performing while one simultaneously continues to perform that role. I conduct a case study of 'independent' experts hired by the UN Security Council to monitor sanctions, analysing how their position is sociologically ambivalent and how their knowledge practices are interlaced with performances of role distance. The findings have two implications for macro-phenomena: first, by keeping their contradictory role constellation functional, experts make it possible for IOs to mobilise 'independent expertise'. Second, because experts perform role distance through the way they produce knowledge, role distance leaves traces in political knowledge.
SOCIAL WORKERS UNITE AGAINST XENOPHOBIA: PURSUING SOCIAL WORK'S POLITICAL MANDATE
Social work practitioners and social work educators took a strong stance against xenophobia by submitting the following statement to the Minister of Social Development Dr Zola Skweyiya.We are a group of social work educators and social work practitioners representing the following groups: The Association of Schools of Social Work in Africa (ASSWA); African Federation of Social Workers; the Association of South African Social Work Education Institutions (ASASWEI); the National Association of Social Workers, South Africa (NASW, SA) and the South African Council for Social Service Professions (SACSSP). We wish to express our outrage at the senseless killing of people in a country where we profess to uphold the dignity of all human beings. We understand that the dynamics and the socio-economic, cultural and political conditions that serve as precursors to such de-humanising conduct are complex. While we understand this, the message that needs to go out to communities is that nothing at all can condone any attack on fellow human beings. We urge all those working in the human services sector and the Government of South Africa to send out a message of zero tolerance for violence. We must actively send out calls for peace and work toward peaceful resolution of conflict and of differences.
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SOCIAL WORKERS UNITE AGAINST XENOPHOBIA: PURSUING SOCIAL WORK'S POLITICAL MANDATE
In: Social work: a professional journal for the social worker = Maatskaplike werk, Band 44, Heft 3
ISSN: 2312-7198
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The duration of political mandates: institutional and comparative approach ; La durée des mandats politiques : approches institutionnelle et comparative
Rarely, the duration of the political mandates is considered otherwise than as a subordinate in the analysis of political regimes while in everyday political life, it constitutes an essential fact of political practice.However, the duration of the political mandates is a data resulting from the implementation of concepts such essential to the definition of political living together as Democracy, Citizenship, Republic, Sovereignty and Representation. Starting from the premise that the concept is rarely questioned in terms of constitutional law, the analysis of the institutional provisions of countries with different legal traditions allows us to study the place that takes the concept of duration of political mandates and what role this concept plays in the institutional balance of each state.In this analysis, we have to take into account the theoretical duration of the mandate but also the possibility of a renewal or extend or, on the contrary, the various contingencies of its reduction.Because it constitutes an important factor of the delegation that the Sovereign People grants to the Representation, the notion of duration of political mandates should be at the heart of the Constitution of each State. We note, however, that such is not always the case where, sometimes, essential political mandates see their duration be set by the simple law. In addition, local political mandates, whose importance is growing in the minds of the citizens, are addressed in the legislative framework. Countdown of this first observation, there is also the theme of the duration of the political mandates in universal or regional international treaties.In a second phase, the analysis of the Constitutions in more than 70 countries shows that the duration of the political mandates is, initially, established with the characteristics that we want to give to the plan policy and that duration is, in turn, on the evolution of the political scheme, the mandates and their time interacting each other within same plan.Finally, if it can be seen ...
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The duration of political mandates: institutional and comparative approach ; La durée des mandats politiques : approches institutionnelle et comparative
Rarely, the duration of the political mandates is considered otherwise than as a subordinate in the analysis of political regimes while in everyday political life, it constitutes an essential fact of political practice.However, the duration of the political mandates is a data resulting from the implementation of concepts such essential to the definition of political living together as Democracy, Citizenship, Republic, Sovereignty and Representation. Starting from the premise that the concept is rarely questioned in terms of constitutional law, the analysis of the institutional provisions of countries with different legal traditions allows us to study the place that takes the concept of duration of political mandates and what role this concept plays in the institutional balance of each state.In this analysis, we have to take into account the theoretical duration of the mandate but also the possibility of a renewal or extend or, on the contrary, the various contingencies of its reduction.Because it constitutes an important factor of the delegation that the Sovereign People grants to the Representation, the notion of duration of political mandates should be at the heart of the Constitution of each State. We note, however, that such is not always the case where, sometimes, essential political mandates see their duration be set by the simple law. In addition, local political mandates, whose importance is growing in the minds of the citizens, are addressed in the legislative framework. Countdown of this first observation, there is also the theme of the duration of the political mandates in universal or regional international treaties.In a second phase, the analysis of the Constitutions in more than 70 countries shows that the duration of the political mandates is, initially, established with the characteristics that we want to give to the plan policy and that duration is, in turn, on the evolution of the political scheme, the mandates and their time interacting each other within same plan.Finally, if it can be seen ...
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Political Mandate and Clarity of Responsibility: Economic Policies under Rightist Governments in Latin America
In: Latin American research review: LARR, Band 53, Heft 2, S. 250-272
ISSN: 1542-4278
Since the mid-1990s, some rightist governments in Latin America have adhered to a strict market orientation while others have shown less attachment to doctrinaire neoliberal policies, a puzzle as rightists are expected to favor minimal government intervention in the economy. In an environment over the past two decades in which market-oriented policies, in general, have grown increasingly unpopular with many Latin Americans, we contend that rightists have less political cover to endorse neoliberal policies. Using panel data for eighteen Latin American countries from 1995 to 2015, we find that, because of the clarity of responsibility that occurs under political mandates and the unpopularity of market reforms, mandate-holding rightist governments will tend to go against their ideological preferences and decrease neoliberal policies. Our findings indicate that as presidential vote margins increase and responsibility for unpopular economic policies becomes clearer, rightist executives will be less willing to support such policies, but only to a point. The results suggest that clarity of responsibility can influence presidential decision-making concerning unpopular policies, especially microeconomic policies, but this influence diminishes as presidents become more electorally secure.
A redefinition of "Spitzenkandidaten": the next EU Commission needs a common political mandate
The European Union's (EU) citizens have voted, and now the EU institutions are due to be reorganised for the next political cycle. Most attention is focussed on personnel issues, but the reorganisation of policy priorities and the structure of the EU Commission are equally important. At the end of Jean-Claude Juncker's term as President of the European Commission, the results are mixed: The Commission has become more focussed and internally coherent, but even at the end of the legislative period, many of its legislative proposals were not able to obtain a majority in the European Parliament and/or the Council of the EU. The mission statement of the political Commission has increasingly proven to be incompatible with the control tasks of the EU's highest executive body. The new Commission will operate in an even more difficult political environment and will itself become more party-politically heterogeneous. Its realignment should therefore also be used as an opportunity to interpret the "Spitzenkandidaten" principle differently and negotiate a joint political programme for the EU between the Parliament, the Council, and the new Commission. (author's abstract)
Political Mandate and Clarity of Responsibility: Economic Policies under Rightist Governments in Latin America
Since the mid-1990s, some rightist governments in Latin America have adhered to a strict market orientation while others have shown less attachment to doctrinaire neoliberal policies, a puzzle as rightists are expected to favor minimal government intervention in the economy. In an environment over the past two decades in which market-oriented policies, in general, have grown increasingly unpopular with many Latin Americans, we contend that rightists have less political cover to endorse neoliberal policies. Using panel data for eighteen Latin American countries from 1995 to 2015, we find that, because of the clarity of responsibility that occurs under political mandates and the unpopularity of market reforms, mandate-holding rightist governments will tend to go against their ideological preferences and decrease neoliberal policies. Our findings indicate that as presidential vote margins increase and responsibility for unpopular economic policies becomes clearer, rightist executives will be less willing to support such policies, but only to a point. The results suggest that clarity of responsibility can influence presidential decision-making concerning unpopular policies, especially microeconomic policies, but this influence diminishes as presidents become more electorally secure. Resumen A partir de mediados de la década de los 90, algunos gobiernos latinoamericanos de derecha han adoptado políticas estrictas de apertura comercial, mientras que otros se han mostrado más alejados de adoptar políticas neoliberales. Esto es un elemento relevante de análisis ya que se espera que los gobiernos de derecha estén en contra de la intervención del gobierno en la economía. Usando una base de datos panel sobre 18 países latinoamericanos para el periodo de 1995 a 2015, encontramos que los gobiernos de derecha actúan en contra de sus preferencias ideológicas disminuyendo políticas neoliberales por dos razones: la claridad que los mandatarios tienen sobre sus responsabilidades y la impopularidad de las reformas de libre mercado en Latinoamérica. Nuestros hallazgos indican que, si el margen de votos en las elecciones presidenciales incrementa y el sentido de responsabilidad sobre la adopción de políticas económicas impopulares es claro, los gobernantes de derecha estarán menos dispuestos a adoptar este tipo de políticas de libre mercado.
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A redefinition of "Spitzenkandidaten": The next EU Commission needs a common political mandate
The European Union's (EU) citizens have voted, and now the EU institutions are due to be reorganised for the next political cycle. Most attention is focussed on personnel issues, but the reorganisation of policy priorities and the structure of the EU Commission are equally important. At the end of Jean-Claude Juncker's term as President of the European Commission, the results are mixed: The Commission has become more focussed and internally coherent, but even at the end of the legislative period, many of its legislative proposals were not able to obtain a majority in the European Parliament and/or the Council of the EU. The mission statement of the political Commission has increasingly proven to be incompatible with the control tasks of the EU's highest executive body. The new Commission will operate in an even more difficult political environment and will itself become more party-politically heterogeneous. Its realignment should therefore also be used as an opportunity to interpret the 'Spitzenkandidaten' principle differently and negotiate a joint political programme for the EU between the Parliament, the Council, and the new Commission.
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Collectivizing political mandates: A discursive approach to the Brazilian Bancada Ativista's campaign in the 2018 elections
In: Politics, Band 42, Heft 3, S. 309-324
ISSN: 1467-9256
This article analyses the political campaign of the rather under-researched Bancada Ativista, a prefigurative progressive experience comprised of nine co-candidates running for a single seat in the State Chamber of Sao Paulo during the 2018 Brazilian elections. The political experience brought about by the Bancada Ativista stands as a prolific effort in its aim to transform legislative action, responding to the challenges posed by the contemporary crisis of representative democracy. By taking the Essex School's discourse theory standpoint, this article critically explores the discursive composition of the Bancada's political campaign and the significance of its electoral success in light of crisis-driven Brazilian politics.
Collectivizing political mandates: A discursive approach to the Brazilian Bancada Ativista 's campaign in the 2018 elections
This article analyses the political campaign of the rather under-researched Bancada Ativista, a prefigurative progressive experience comprised of nine co-candidates running for a single seat in the State Chamber of Sao Paulo during the 2018 Brazilian elections. The political experience brought about by the Bancada Ativista stands as a prolific effort in its aim to transform legislative action, responding to the challenges posed by the contemporary crisis of representative democracy. By taking the Essex School's discourse theory standpoint, this article critically explores the discursive composition of the Bancada's political campaign and the significance of its electoral success in light of crisis-driven Brazilian politics.
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Unfettering the Political Mandate: Reflections on Political Prohibition in the World Bank, the World Bank's Role in the Protection of Human Rights and the Chad-Cameroon Pipeline
In: East African Journal of Peace and Human Rights (EAJPHR), Band 14, Heft 2
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