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As we are seeing, the members of electoral college from the J&K and Ladakh assembly did not participate in the election of Indian president. But these two are federally administered union territories where the President governs in accordance with law. So, the newly elected President of India does not represent these two areas in the same way she represent other parts of India.
In this context, why the governance of these two UTs under President's rule not ultra vires to article 14 of the Indian constitution and against the philosophy of democracy enshrined in the preamble of Indian Constitution?
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but talks about equal protection of law as well. "Protection of law" ensures the people of India to be treated only in accordance with law. Preamble of the Indian Constitution as a part of Indian constitutional law ensures democracy and therefore isn't this unconstitutional that the jekanl la hatch still remain as U T?
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Do the human rights rules in the constitutional have the same force and obligation to compare it with other rules. Can you divide the constitutional rule?
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Dear all , from the perspective of a ‘ real’ democracy , the distinction between fundamental rights,and the organisation of the State makes no sense and if it is made it likely points out that the organisation of the State may at the end of the day not be that democratic. As the ECHR ruled at several occasions the HR are at the core of democracy , they are its fundamental principles determining the living conditions ( security, health, education, freedom ) of all , protected by a democratic State . The purpose of HR is moreover to improve the living conditions of all , the State and its ( constitutional) organisation being the most appropiate instrument thereto . Its organisation has to make it possible to turn theoretical HR in effective ones allowing comparable living conditions thanks to ‘reasonable’ laws as defined a.o. by the ECHR
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Dear all,
I am developing a code to analysis concrete structures in Fire condition and I know the effect of high temperature on the behavior of concrete. But I don't know the implementation.
Do you know any algorithm to describe that how I can implement the temperature dependent constitutive law for concrete in FEM?
Best Regards,
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more information might founded herein
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Is there any constitutional or statutory provision ensring multiparty politics in your country? Or Is there any anti-floor-crossing law in your country? I need to run a comparative study on this.
Anti-floor-crossing laws restrict members of the parliament from voting against their party's stand.
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نعم صحيح هذا الشي الاحزاب هية المسيطر على خيرات البلاد
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How possible is it for one challenge implementation of a bill in parliament before it becomes law? Can the same be taken to court. All views from different jurisdictions are welcome.
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All legislative process, in a given Nation, MUST FOLLOW AND BE IN ACCORDANCE WITH THE PRINCIPLES AND GUIDELINES CONSECRATED IN ITS CONSTITUTION!
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The South Asian legal systems are still bearing colonial heritage of the British Indian empire inside its important laws. Basic laws in the field of evidence law, civil procedure, criminal procedure, penal law, contract law, personal law and so many other fields. Larger portion of these legislations are based on either the principles of Roman Law, Common law.
Most of these outdated and socially irrelevant laws are causing severe damage to the judicial systems and the societies. Complex laws are creating case-backlogs, laws with socially irrelevant remedy and lack of deterrance in punishments are creating social disorder.
Moreover, from a jurisprudential perspective, we can not expect a portion of victorian age legal system to be applied into some modern heterogenous societies having high opportunity of socio-economic prosperity.
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Altough my opinion can not be but an external point of view, because I am not immersed in the culture of the South Asian countries, nor have I had experienced their history, I agree what Montserrat Gas-Aixendri wrote: «The changes should depend more on the fact that the laws are not adequate to reality, than on whether they come from a colonial government».
In Latin America, where I live and work, even when some figures (still on force) descends clearely from Roman Law, our legal systems were not precisely inherited from those ruling in the times of european empire's domination, but imported from codes, institutions and political arrangements conceived under the strong influence of liberal ideals, also brought from Europe in the times of French Revolution and intensfied with the example given by the United States' Independence. Probably, we could regard them as colonial inheritance, but they have been well assimilated in our political culture and our legal thinking.
Nowadays, after two centuries, the same basic constructs support our normative frame and, even in the recognizion of the several ammendements operated time by time, globalization is impelling us to equate legal figures and procedures to those existent in developed countries, in order to attract business and investments. So, I think, there is a worldwide phenomenon concerning legislation: its tendency to be homologated.
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The "Basic Feature" doctrine in constitutional law has its realistic origin in India. By the Kesavananda Bharati & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) no 135 of 1970) it got final face in India. But it was adopted in some other countries as well (like Bangladesh and Pakistan). It makes some parts of a constitution unamendable. The normal process of amending the provisions of the contitution doesn't apply for these parts. And this theory is distinct from the French concept of "Constitutional Block" (established by the Constitutional Council in the case of (71-44DC)). However, this basic feature doctrine basically protects the fundamental basis of the constitution, like governmental form, fundamental rights, directive principles or preamble, to some extent.
But one question remains,if you think that a balance between extreme rigidity and extreme flexibility is preferred then what is your view on imposing an extra layer of protection over some constitutional dictrines which have the features to be called as the basic feature of a constitution?
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Rigidity in the Constitution is a distinctive that politically ensures its supremacy and transversality
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Is the United States the only nation to adhere religiously to Constitutional laws framed in 1789, and Bill of Rights in 1791, by aristocrats wearing white wigs in the colonial epoch?
The founding fathers of America are such aristocrats as George Washington, Thomas Jefferson, John Adams, James Madison, John Hancock, and Benjamin Franklin, all of whom I greatly respect. But I am experiencing difficulty in understanding and comprehending how and why it is that we, in the twenty-first century, follow U.S. Constitutional laws that were made during the eighteenth-century when the inventions that dominate our culture did not yet exist. The right to bear arms refers to the rifle, and not at all to automatic, or even magazine-propelled, weapons. Further, free speech did not mean the body language of mob demonstrations, but eloquent impromptu individuals quietly addressing listeners in a small, fluid, leisurely flow of passers-by.
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I greatly appreciate your answer to my discussion question by the way in which you reply to the general tenor and spirit of it. In scientific research, physicists are currently debating and discussing the role played by "time," and related terminologies, such as words like "momentum." Your reply incorporates this sense of the passage of time and how it affects the cultural history of mankind. I would like to quote your answer, which is relatively brief and astutely stated, as follows:
"With all the respect to the USA constitutional experience and achievements and to the history of the country, I do believe that all nations have the right to revisit their constitutions and their constitutional traditions especially countries that were pioneers in this field . I have read some studies that US scholars need to revise this great heritage in order to produce what is best for American citizens to meet the new standard of human rights and approaches."
Thank you very much for your answer, which so meaningfully contributes to the ongoing discussion given by your fellow participants, and best wishes for 2021.
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President trump tested the American democracy at every step of the way and failed so far. What would be his next move?
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Of course, he might have failed to execute the democracy properly but it needs long term perspective and thinking to sustain and come up in the next election. It is not only the persuading the people but also day by day measurement of the people who are living in America counted the President's performance and activities favored for them.
The US total has composed of the native American, aborigines, outsiders who came for work, service, trade, businesses who have become citizens of US matters to win the President of the US. ss etc. The majority of the votes from native and aborigines including outsider who came to settle in the US altogether voted to elect the President.
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What are the legal grounds for their introduction? Are there any constitutional restrictions? Have any of the states been introduced in your country recently?
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i think different countries have adopted different measures , state of emergency one of these measures . i found below link shows example on that
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I am working on multiscale modeling of composites and I want to explore the capability of FEniCS in modeling composites. Specifically, Can I assign different constitutive laws to different parts in mesh using FEniCS? Can I access the integration points to change the material behavior in a nonlinear analysis?
Thank you.
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This us feasible but with some limitations. For example, you may need to allocate a field with thé maximum number of components to hold the internal statue variables.
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On 1 July 2012, the preliminary reference procedure was introduced at the Supreme Court of the Netherlands. When lower civil courts face controversial points of law, they may refer a question of interpretation to the Supreme Court and request a preliminary ruling. This way, the Supreme Court should be able to provide legal practice with a faster and more specific response to pressing legal questions than through the ‘ordinary’ procedure.
This preliminary reference procedure is not a modern invention. It was already known in Rome, existed in a specific form in France (référé législatif, where a question of interpretation was referred to the legislator), was used at the Italian Corte Costitutionale and has been a powerful tool for the development of EU law by the European Court of Justice in Luxembourg (see the attached blog and article). Furthermore, Protocol 16 to the ECHR will allow highest courts of states that have ratified this Protocol to refer a question of principle to the European Court of Human Rights for an advisory opinion.
I wanted to use ResearchGate for a small comparative exercise. Perhaps you would like to answer the following questions. May lower courts in your country refer a question of interpretation to the highest court(s) in your country? Did such an instrument once exist, or is the introduction of such an instrument currently under consideration in your country?
I am also interested in literature on this subject and in other relevant international examples.
Your help is greatly appreciated,
Ruben
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The Curia of Hungary, as the highest instance judicial forum of the country, has the constitutional duty to harmonise the administration of justice within the Hungarian judiciary, mainly by means of rendering uniformity decisions. The Curia renders uniformity decisions in cases rasing issues of theoretical importance in order to ensure the uniform application of law within the Hungarian judiciary. Such decisions are binding on all Hungarian courts. The operative parts of uniformity decisions – as brief summaries – are accessible hereunder:
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It seems good that after two terms in office, the president leaves the office for one term. But I do not consider good not to allow that person to run for president ever again. American citizens should be given the opportunity to choose between Mr. Trump and Mr. Obama.
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It's not a good idea!
Trump has already put American democracy in enough trouble.
I personally very much like Obama and I would like to see him turn into Putin.
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All modern constitutions contain and declare the concept and principle of popular sovereignty, which essentially means that the people and their representative organs (like chambers) are entitled to be involved into the legislation.
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Dear Valeria Tananska, thank you for your detailed answer.
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What I want to know is, is there any law in indian constitution or in wildlife act according to which any particular society/tribe is entitled to hunt wildlife freely throughout the year or in a particular period of time!?
Ive been collecting and documenting these kind of mass hunting by the villagers for a year now.
Pdf attached .
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Good Q
FOLLOW
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How apply the three-dimensional constitutive laws instead of uni-axial constitutive laws for confined/unconfined/steel elements in numerical simulation modeling of the reinforced concrete members. Which 3-D models are suitable to apply for this purpose?
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I do not talk about the ready-made software like ABAQUS, I use the code that Myself has created it. Therefore thank you for your answers anyway.
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When we write a code to simulate numerically the reinforced concrete members, always we think to increase the accuracy of our proposed model, in this regard always we face the following question:
How apply the three-dimensional constitutive laws instead of uni-axial constitutive laws for confined/unconfined/steel elements in numerical simulation modeling of the reinforced concrete members. Which 3-D models are suitable to apply for this purpose?
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I have developed a computer program (software) and I want implement suitable 3-D constitutive laws for materials in it, I do not want to apply the ready-made software developed by others. If you have a solution for it I will appreciate you.
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What are some of the main debates surrounding constitutional and administrative law in the US?
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The constitution reflects the aspirations and ideologies of an organization or a country. The constitution is written down by democratic countries and other constitutional monarchies. The act of writing down a constitution helps to gain common people's trust in the government of the country or the organization.
Constitutional government is defined by the existence of a constitution—which may be a legal instrument or merely a set of fixed norms or principles generally accepted as the fundamental law of the policy—that effectively controls the exercise of political power. The essence of constitutionalism is the control of power by its distribution among several state organs or offices in such a way that they are each subjected to reciprocal controls and forced to cooperate in formulating the will of the state.
whereas,
Administrative law is the body of law created by the agencies and departments of the government, which carry out the laws passed by Congress or a state legislature. When Congress passes a law on a complicated issue, Congress often needs help determining all of the details of how the law will be enforced and implemented. Administrative agencies and government departments fill in those gaps for Congress and pass additional rules and regulations to achieve Congress's goals.
Hope that helps.
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Hi
I am trying to model FRP strands inside Prestressed Concrete.
i wrote a UMAT code for defining Constitutive law for FRP.
The linear analysis runs fine, however, after defining CDP I am getting sudden change in stresses as shown in Image.
Note that FRP strands have been defined Linear always as strands are not suppose to go non-linear during Analysis.
What could be the possible reason for this ?
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Good question.. Please share me the best answer might you trust...
Regards…
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State secret is a constitutional limitation reason for freedom of expression in Turkey. So I am looking for the laws or procedural legal principles which are balancing state secrets and human rights. I am searching laws about state secret privilege or state secrecy procedures.
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Please let me know if these references/sites are helpful to you:
1.  State Secrets, Impunity and Human Rights Violations
by C Danisi - ‎Cited by 2 - ‎Related articles
State Secrets, Impunity and Human Rights Violations: Restriction of .... Milan against US and Italian agents accused of involvement in Abu Omar's abduction after .....
2.  State Secrecy and Human Rights Violations - BOA Bicocca Open ...
by E Carpanelli - ‎2016 - ‎Related articles
State secrecy vis-à-vis violations of fundamental human rights: An emerging ...... concerning espionage or divulging State secrets, Doc. 11031 of ..... https://www. fas.org/sgp/eprint/knowledge.pdf (last accessed on 24 February 2016). 25 Act No .
3.  State Secrets and Human Rights. The right to ... - Freedominfo.org
Access to Information: State Secrets and Human Rights. The right to ... In 1996, the Constitutional Court of Russia recognized the right of all attorneys to ..... wave of espionage trials, which were initiated by the FSB (formerly KGB) against.
Dennis
Dennis Mazur
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The government used a warrantless StingRay to track down a phone number. They got the number from a third party (A store worker who claimed someone with the same name of the criminal gave their number). When the government received this number, they used a StingRay to find it.
Thank you,
Dr. Sartre
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The Stingray "intercepts" (18 USC 2510(4) "electronic communications" (18 USC 2510(12).  Katz added, the reasonable expectation of privacy test to the common-law trespassory test.  This reasonable expectation of privacy protects people even when they operate in public spaces.  Thus, we have to ask, 1) was there an actual (subjective) expectation of privacy that location information was private, and 2) that the expectation that it was private one that society is prepared to recognize as reasonable.
You can argue both sides, but keep in mind that third party doctrine is about accessing information that has been turned over to third parties, i.e. phone records.  The Stingray does more; it intercepts "electronic communications" and gleans information (location) that reasonable people might expect to keep private.  Where you are is a private matter (not a government interest) despite the fact that you may be in the public sphere.  Thus, I do not believe that third party doctrine is appropriate and a warrant is needed to use a Stingray.  A note on my previous comment, it is unsettled in many states, so police still use it and some deny even having Stingray devices, i.e. some states in the northeast.    
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In order to reach proportional representation, the Belgian Constitutional Court ordered a redistricting so that every electoral district has at least 4 seats. Three districts with 2 or 3 seats were deemed too small to have genuine proportionality. (The case affected the Walloon regional parliament)
Are there similar court-imposed magnitude constrains in other countries using proportional representation?
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You are most likely to find something like that in a PR electoral system - but not one with the whole country as a  single constituency, of course. 
Aparently, "In 2002 the Swiss Federal Court ruled that the constitutional right of all citizens to a system of proportional representation is indeed violated if the constituencies are so small that there are too few seats to allow proportionality. " This is from somethng I found on the web - I attach it and leave it to you to follow up to find the case. 
There have been cases in Irland - where they have the single transferable vote PR system.  I attach another piece on that. 
But it is an issue in single-member constituency systems, of course. In the US, districting (for their first past the post) system is rigid in terms of size. There are several Supme Court cases on district boudaries and gerry-mandering. 
Some constitutions have somethng to say about aiming at electoral fairness. The Kenyan Constitution does - but a pretty weak provision. Article 89(5):
The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner specified in clause (6) to take account of—
(a)           geographical features and urban centres;
(b)          community of interest, historical, economic and cultural ties; and
(c)           means of communication.
(3)          The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than—
(a)          forty  per cent  for cities and sparsely populated areas; and
(b)          thirty per cent for the other areas.
There is potential for a constitutional challenge to constituency size. 
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If yes - what about enforcement? Sanctions? 
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Can be interesting, the European Court of Human Rights had to assess a language test in PODKOLZINA v. LATVIA (9 april 2002, n° 46726/99) § 34: "... the Court concludes that requiring a candidate for election to the national parliament to have sufficient knowledge of the official language pursues a legitimate aim." (but in that case the Court condemned Latvia because the examination was not objective and fair)
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I'm writing a comparison and analyse between emergency in the French an Canadian laws (constitutionnal and legal level). All the purpose is to see the way liberties are considered as legaly restrained in both countries. Thanks for all the reflexions you could make.
J'écris un article comparant la façon dont les situations d'urgence limitent les libertés en France et au Canada. Je vous remercie sincèrement pour les réflexions et références que vous pourriez me donner.
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Il y a eu une certaine évolution au Canada dans la législation concernant votre sujet de recherche. De la Loi sur les mesures de guerre, S.R.C. 1927, c. 206 (appliquée notamment pendant la Crise d'octobre en 1970, voir aussi la Public Order Temporary Measures Act de Turner) à la Loi sur les mesures d’urgence (L.R.C. (1985), ch. 22 (4e suppl.) toujours en vigueur, il y a des différences importantes. Adoptez-vous une approche historique ? Fait à noter, notre Constitution, qui est première sur toute autre loi et qui est pratiquement impossible à modifier, les violations des libertés individuelles prévues dans une loi ou lors de son application, notamment celle de Loi sur les mesures d’urgence, doit passer le test de l'article 1 de la Constitution (test de Oakes), sinon reposer sur la clause dérogatoire de l'article 33.   
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I am particularly interested in the role of the UN in post-colonial constitution-making processes, not so much in its post-Cold War activities. Thank you very much indeed!
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Hi Felix, 
I don't know what you've find so far but theses books can help you even though they're not directly related to constitution-making-process.
Beigbeder Yves International Monitoring of Plebiscites, Referenda and National Elections
Ralph Wilde: International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away. 
If I have any other ideas I'll come back!
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In some of the most outstanding cases across the world, Supreme Courts or the Apex Court of the country have used the words like 'conduct shocking to the judicial conscience.' Irrespective of the verdict, such a strong term used by the judge(s), indicates that he or they may have relied upon their individual value systems to temper the verdict, couching it otherwise in suitable judicial terminology. Larger justice may have been achieved but can we really discount individual opinion? So, the questions are:
1. What is this 'judicial conscience'?
2. Can we define it?
3. Is it an entity beyond the domain of law - a law by itself?
4. Is it subject to some law - perhaps the law relating to 'judicial discretion', if there is such a law?
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Dear Professor,
Undoubtedly, 'judicial conscience' word has often been using by the Judges. We should try to find its roots in word 'Common conscience". The Conscience is associated with the eternal feeling but we find sometime something which shocks our conscience. When it is associated with the common man it become 'Common Conscience" . When the matters is deeply related with the law and more particularly with the legal principles, which can affect the conscience of a person having knowledge or understanding of the principles of law, it become 'Judicial Conscience'.
So we may define it as "the conscience of a person of judicial mind'.
The word nowhere create anything beyond the  domain of law.
Sir, unfortunately it is not the subjectmatter of any specific law, but in my opinion may be the subject matter of "Law Lexicon"
It is a factor indeed while considering the application of judicial principles in practice.
Prof. Srinivasan, I am very much obliged to give me a new sight for viewing the law from a new angle. 
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Does anyone have an article or suggestion, about the legal basis and practices for the constitutional changes in the countries in transition?
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Thanks a lot Ervin.
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What I'm trying to do is to compare linguistically the text of constitutional law from some different countries. In order to facilitate this analysis, I need some databases or tools which contain German and English corpora, annotated by tags and parsings. I would also appreciate if anybody suggest me identical researches. Thank you.
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This is a very interesting request. Try visiting following web sites, I hope you'll find them useful.
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The right to health has the justiciability in some countries' constitutions while does not have in other countries. Why does it have the different choice?
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The scope: Everyone has the 'right to the highest attainable standard of physical and mental health, which includes access to all medical services, sanitation, adequate food, decent housing, healthy working conditions, and a clean environment.'  (Please have a look at this link for more details.  I think that, at least on paper, every country respects the right to health.)
The Human Right to Health is protected in:
Article 25 of the Universal Declaration of Human Rights
Articel 12 of the International Covenant on Economic, Social and Cultural Rights
Article 24 of the Convention on the Rights of the Child
Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination
Articles 12 & 14 of the Convention on the Elimination of All Forms of Discrimination Against Women
Article XI (11) of the American Declaration on Rights and Duties of Man
Article 25 of the Convention on the Rights of Persons with Disabilities
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There are some articles talk about the veto right for parliamentary opposition in German parliament, but they didn't mention that which law, provides or guarantees this right; German constitution or the law of procedure of the (Bundestag).
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Hello Ibrahim,
the answer depends a bit on what your understanding of a "veto" is. Generally, the concept of "veto" does not make that much sense in a parliamentary system because there is no clear separation-of-powers principle at work. The German constitution does follow a certain idea of "checks and balances" (to use American parlance), but it's a bit quirky. And it's necessary to look at political, not only legal usage of the framework.
The German Bundestag has institutionalized certain minority rights and procedural privileges, normally exercised by a party group ("Fraktion") or any group with at least five percent of the MPs.
It must be noted that the special circumstances of a "Grand Coalition" of CDU/CSU and SPD reduce the chances of a minority to use their rights. Opposition parties Greens and "Die Linke" socialists have won 127 out of 631 seats in the last Bundestag election. That's about 20 percent of the seats. Procedural law require a minimum of 25 percent of all Bundestag members for various minority rights. This immediately sparked a debate about the Grand Coalition's crushing majority. Political culture and fairness arguments led the Grand Coalition to agree to a change in procedure for the current Bundestag in April 2014, reducing the 25 percent threshold to 20 percent, or more precisely, a minimum of 120 seats for exercising these minority rights. This includes the right for all non-coalition members of a leading committee to demand a public hearing. There were also informal agreements to give opposition parties more speaking time. See http://dip21.bundestag.de/dip21/btd/18/004/1800481.pdf (in German).
These rights and privileges reduce the power of the governing majority to set the parliament's agenda; they guarantee opposition representation in committees, including chairmanships; they allow minority parties to demand and set up parliamentary hearings; they guarantee the right to question the government (and get answers), and demand formal investigations or set up an enquete commission to study certain issues.
But it would be hard to call any of that a "veto" power. Never can the opposition fully stop the majority doing what it wants as long as it sticks to the procedure. All the opposition can do is to bring issues to the public on the parliamentary stage.
If the opposition leaders play their rights in an intelligent and tactically smart way, they can slow down the legislative process a bit. If they find temporary friends in the governing coalition's ranks who may be critical of the executive's agenda, they can go far. But that's not really full "suspensive veto" power, but parliamentary maneuvering.
As Jeffrey has noted, there is a strong role for the "Bundesrat," or Federal Council representing the 16 states. And if you consider the Bundesrat a parliamentary "upper chamber," you might say there is veto power there. No political scientist would doubt that the Bundesrat is a serious "veto player" -- and this involves the parliamentary (Bundestag) opposition. 
You might say this is the parliamentary opposition's "shadow veto" power.
One problem is that the Bundesrat is not a part of parliament, i.e. not really a second chamber of it. Systematically, you might say Germany has a bicameral legislature because both Bundestag and Bundesrat are always involved in lawmaking. But the two are separate institutions, not under one roof (even physically). Moreover, the Bundesrat is not elected as such but a permanent body more like the Council of the EU (Council of Ministers), a "parliament of executives." Its members are the ministers of state governments (and their civil servants who do most of the work in the Bundesrat committees).
Jeffrey said: "The Bundesrat can override a decision of the Bundestag but only on issues concerning provincial jurisdiction." Formally, yes; but politically, no.
Point one: Because of Germany's "marble cake" style of federalism, almost all federal laws (including federal tax collection) are executed by the state administrations, and most money flows from the federal government connect with the states. Thus, a large number of laws require consent of the states in the Bundesrat.
Point two: If the federal coalition parties do not enjoy a majority in the Bundesrat, it gives political "veto" power to the parliament's opposition parties. They will use this lever in a political way, forcing the coalition to negotiate with the opposition parties.
Point three: Even if the Bundesrat cannot override the Bundestag majority, it can always slow down the process of lawmaking and push further debate and negotiations between states and federal government. That's at least a suspensive veto. And that power will typically be used by the (parliamentary) opposition. Note that all federal law proposals FIRST go to the Bundesrat, then to the parliament.
Normally, the large parties - Social and Christian Democrats - lead the state governments. Currently, there are only two states which have a "small party" minister-president (a Green in Baden-Württemberg, and a "Linke" socialist in Thuringia). But it is also normal that state government leaders do not have an absolute majority, so they form a coalition with other parties. These may be in the federal opposition.
Coalition agreements always require that all coalition partners in the state governments must fully consent to the state's voting in the Bundesrat. One coalition party cannot "force" the state's vote in the Bundesrat without its coalition partner. Doing that would most likely break the coalition and end the state government's home majority in the state legislature (Landtag).
This means, for example, that if the Green party opposes a federal law in the Bundestag, it will probably block any Bundesrat consent where it can at the state level. The Greens today (Sept. 2015) are part of coalitions in eight states. The "Linke" socialists are part of coalitions in two. Given the arithmetics of state voting power in the Bundesrat, these federal opposition parties can deny federal coalition success in important cases by blocking their state governments' consent.
Obviously, these parties will also use the Bundestag parliamentary stage to highlight their resistance to a federal legislative proposal. It demonstrates the strong role of parties in the system. Party interests cross state borders, and national party strategy will mean using state power to influence or block federal policy-making.
None of this is properly a parliamentary veto in the strict sense.
Academic literature on German federalism and on German parties can give you broader insight. Most general handbooks will explain what I mean here, and journals such as "German Politics" may further guide you on research.
The German Bundestag has an English website, http://www.bundestag.de/htdocs_e, the Bundesrat has one also, at http://www.bundesrat.de/EN/homepage/homepage-node.html. Parliamentary minority and states' rights in legislation are laid out in the constitution, English version at http://www.gesetze-im-internet.de/englisch_gg/
The Bundestag's procedural rules (Geschäftsordnung) are published in English at https://www.btg-bestellservice.de/pdf/80060000.pdf Find other relevant material in English here: https://www.bundestag.de/htdocs_e/documents/legal
The Joint Rules of Procedure of the Bundestag and the Bundesrat for the Committee pursuant to Article 77, Basic Law (Mediation Committee) may be found at http://www.bundesrat.de/VA/DE/aufgaben-arbeitsweise/go/go-va-en/go-va-en-node.html
I hope this helps!
Marco Althaus
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I mean, for example - activities and actions similar to Queen Beatrix blocking Geert Wilders premiership, the Prince of Wales letters to UK cabinet members or King of Belgians direct involvement in government forming.
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To my perception please find very impressive and comprehensive work by Lucas Prakke Swamping the Lords, Packing the Court, Sacking the King European Constitutional Law Review 2006. It is the really glorious article about three genuine constitutional crisis and at this very issue Belgium constitutional dilemma stemmed from King's conscience to refuse the promulgation of the abortion bill. As an author indicated "King handed Prime Minister Martens a letter in which he stated that he was prevented by his conscience from sanctioning this law". As Prakke argued finally the victory of democracy in each indicated case was visible but the genuine perception of each case uniqueness and particularly the Belgium one I truly hope help you strongly.
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Equality cases that have been decided by the courts, particularly by the Constitutional Court are exclusively based on substantive equality.
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Georgia followed the constitutional justice model by the Kelsenian sense or concentrative constitutional review, thus there is only one legitimate institution which has the competence to interpret the constitution, it is the Constitutional Court of Georgia. According case law established and developed by the aforementioned body the principle of equality is the real cornerstone in the Georgian constitutional environment and landscape. Our constitution primarily guaranteed it and explicitly acknowledged as its 14th Article.
As regarding global trends of the contemporary dimensions and trends in this very issue, I based to my understanding very comprehensive book The Global Model
of Constitutional Rights by Kai Moller. Here scholar impressively noted about close links between by his terms personal autonomy and equality analyzed theoretical and doctrinal angles and perceived leading cases of the modern authoritative, worldwide constitutional courts or equivalent bodies inter alia South African Constitutional Court. I think this really brilliant analysis is very helpful for everyone who need food for thought and future research! 
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Does ex post facto apply where the restrictions imposed by the parole board, constitute punitive measures?
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There is no one answer to this. It depends on the restrictions that have been added.  http://law.justia.com/cases/new-jersey/supreme-court/2014/a-94-11.html
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Some researchers prefer to let parliamentary opposition's responsibilities without a legal organization, so as to able to cope its responsibilities with circumstances, and situations and they say if these responsibilities were organized by a given law, maybe it face so many situations which wasn't regulated by the law. looking for articles, researches and academic documents.
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Dear Mr. Ahmed,
to be strict (and prevent you from spending money on translations from Polish) - the literature I listed above do not mention this particular thesis (new division of parliament's functions between opposition and coalition). Those are main examples from Polish constitutional literature concerning the general subject of opposition and its constitutional, and legal status.
As for the thesis you are especially interested in (division of parliament's functions between opposition and supporters of government) I wrote about it in one of my article, also reffering to other authors who share this point of view:
Here are some examples of sources of such statement:
1. M. M. Wiszowaty, Łączenie funkcji ministra z mandatem deputowanego w systemach parlamentarno-gabinetowych (Combining function of minister with the mandate of  deputy in a parliamentary-cabinet systems) [in:] Systemy rządów w perspektywie porównawczej (Systems of government in a comparative perspective), ed. J. Szymanek, Warszawa 2014
Link to publishing house:
2. P. Mikuli, Westminsterska odmiana systemu parlamentarnego [w:] Parlamentarny system rządów. Teoria i praktyka, ed. T. Mołdawa, J. Szymanek, M. Mistygacz, Warszawa 2012. (Westminster variation of parliamentary system [in] The parliamentary system of government. Theory and practice)
Link to publishing house:
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I am now writing my master thesis " The legal framework of parliamentary opposition, Comparative study. But I am suffering of lack of legal and constitutional studies  about this topic.
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Please find Venice Commission REPORT ON THE ROLE OF THE OPPOSITION
IN A DEMOCRATIC PARLIAMENT 
Here you find all relevant sources for your research. Good Luck!
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I am a Brazilian PhD researcher at the Law Faculty of the University of Groningen, RUG (Netherlands). I am studying, among others, the French implementation of Directives 2002/96 / EC and 2012/19 / EU (WEEE). Later in this research, I will examine the possibility of implementing certain legal provisions in the Brazilian legal framework.
At the moment I am trying to understand how is the French management system for e-waste (WEEE) fully structured and regulated, that is, what are the roles of stakeholders and discussions of different interests when laws were made.
For this reason I am specially interested in the debates occurred during the French transposition of the directives. I came to know that the "arrêtés" that regulate much of the topic are issued by the Ministry of Ecology, but I cannot access them online nor get a specific contact person to reply to my questions.
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Hi Monim,
I'm interested in the EU Directives for WEEE. And, as part of my study, besides observing their drafting processes and analyzing their provisions, I chose to observe how those where transposed and implemented in three Member States: England, the Netherlands and France. However, at the moment, I needed a contact at the "Ministère de l'Ecologie, du Développement durable et de l'Energie, Direction Générale de le Prévention des Risques" as they are the ones responsible for the French process.
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I mean: in a state of exception all legal categories collapse, and at the end of day the same act can deserve a medal or be deemed high treason. In this way it represents, according to me, a pure political world, where the law is suspended. 
From my viewpoint the law is to a large extent an ontology, a weaponed ontology, establishing the things composing the stuff of the world : goods, persons, properties, absolute rights, agreements, deeds, covenants, contracts, and so on.
Then it seems to me that a pure political state has no ontology, and as such is completely shapeless, and it works only through decision and mobilisation. 
This would also be practically important in the US constitutional law, since the Supreme Court maintains that a "political question" can not be justiciable.
As such the nature of the political seems to lie outside the law in a realm of pure ontological ambiguity where all things get confused, precisely at the opposite of a world governed by the rule of law, which needs, first of all, a fixed social ontology to establish its own domain.
Is such a sharp opposition between the legal and the political, in ontological terms, sustainable or not ? And where it can bring us to?
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Dear Pier Giuseppe
Let me share with you just some general approaches.
1) I am not very fond to think in terms of "ontologies", just because it usually means immutable essences, and therefore also liable to absolute truths. Beyond that, I can understand the approach that seeks a deeper understanding of this problem.
2) the problem you pose is about the relationship between politics and law. Generally, it is assumed that politics and law are independent and excluding experiences. Under this assumption, of course, states of emergency mean a collapse of rule of law.
3) however, in my view, it should be seen from another perspective: in any case public power corresponds to the policy. The policy can be exerted in a wide range of possibilities: through brutal ways (war) or through more rational ways (under rule of law), including intermediate or mixed forms.
4) keeping this in mind, it allows us to remember that : (a) even under the rule of law, politics is present everywhere, it's only a matter of degree; this includes the case where a judge decides when it should make an exception to the general rule for reasons of inapplicability or reasons of equity (b) is always risked falling into less civilized ways of exercising power (c) even when politic power exerted by violent means (uncivilized), the expectations of legitimation of power -in today's world- compels rulers to respect -as much as possible- legal forms, or at least, to promise to do so. Therefore, I think that the states of exception are instances in which the holders of power whereas interpret that must resign certain legal forms for the benefit of desirable outcomes, including to satisfy public opinion, hoping to legitimize power. Naturally, the less intense the withdrawal of legal forms and the more credible its exceptionality , the greater chance of being accepted. In those terms, states of exception (emergency) can be interpreted even as been part of the experience of a (legal) civilized politics, perhaps to the least extent, or perhaps on the way to stop being so.
Otherwise, I agree with the theoretical references that mention our colleagues.
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Dear all,
On 30 September 2010 the Ukrainian Constitutional Court ruled upon the unconstitutionality of the Constitutional amendments made by Yushchenko. Whereas there are several comments available in Ukrainian (which I understand), I do not find any discussions upon the topic in any other language (as they might reflect a different point of view), apart from the statement of the Venice Commission (http://www.venice.coe.int/docs/2010/CDL-AD%282010%29044-e.pdf).
I searched Google Scholar and all I find are translated newspaper articles (i.e. the ones by ME Sharpe).
As I am updating an article from 2009, such articles would be very helpful!
Thank you in advance!
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It seems to me the use of drones against U.S. citizens in the U.S. would be indistinguishable from the use of other manned aircraft or for that matter ground personnel. This seems acceptable (or constitutional, if you like) only in the event of civil war, such as experienced by the U.S. in the 19th century or in the event of foreign invasion (with actual enemy occupancy of U.S. territory) such as occurred during the War of 1812 and (much later) on Attu island by the Japanese during WWII. Something akin to assassination by drone or otherwise, I can't see as being constitutionally permissible outside of this scope. Has anyone seen any scholarship that persuasively would permit the use of drones against targets within the U.S. outside of contexts such as these?
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Just to let anyone know who may be interested, I have found little to no persuasive scholarship that would permit this.  When I asked the question, it had been a topic of interest in the U.S.--perhaps influenced by the media or political debate--but there is no legal or ethical basis that I could find regarding the use of drones this way under U.S. constitutional law.
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Nowadays in Indian parliament a number of bills are passed without debate or discussion and enormous legislative time is wasted due to the various political reasons. Is it a mechanism to stop this or question the same ( functioning of parliament) by the citizens ?
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We should develop a training programme and trained members of indian parliament,
how to make deep empirical study before enacting any law. Study of Pro and Cons of that law without any personal attachment.
It will do Volk Geist itself. Time to come in motion.
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The anisotrpy constant of the Co is 4*10E6 erg/cm3, but i calculated the perpendicular anisotropy constant (PMC)of the nanogranular CoHfN films, is it possible the PMC constant higher than the Co anisotropy constant?it is possible because of the shape,such as the colmnar structure of the Co?
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Yang,
The formulas that you use are not very accurate for making the comparisons that you want to obtain. In fact you are only using the magnetostatic part of the anisotropy density energy and you want to compare it with crystalline anisotropy. For a full comparison you need to take into account the spin-orbit coupling at the interfaces and unfortunately this is not so simple as to straightforwardly use the analytical expressions. One suggestion is to make ab initio calculations based in density functional theory if you want to have reliable values.
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On November 6, 2013, the U.S. Supreme Court (“SCOTUS”) heard oral arguments in the case of Town of Greece v. Galloway. The Court will announce its decision in June; however it is already apparent that the decision will not be a unanimous one. An indication of how Justices are leaning can generally be gleaned from the questions posed or statements made by the Justices during oral argument. During the oral arguments, Justice Kagan made the following statement: “What troubles me about this case is that here a citizen is going to a local community board and is immediately being asked, being forced to identify whether she believes in the things that most of the people in the room believe in, and it strikes me that this might be inconsistent with this understanding that when we relate to our government, we all do so as Americans, and not as Jews and not as Christians and not as nonbelievers.”
Justice Scalia made the following statement: “There is a serious religious interest on the other side of this thing that people who have religious beliefs ought to be able to invoke the deity when they are acting as citizens and it seems to me that when they do that, so long as all groups are allowed to be in, it seems to me an imposition upon them to stifle the manner in which they invoke their deity.”
Gwen says: Justice Scalia’s comment ignores the Constitutional right of American citizens to have no religion or, expressed another way, “to be free FROM religion.” Alexis deTocqueville (DEMOCRACY IN AMERICA) and James Madison (THE FEDERALIST PAPERS) would say that Justice Kagan’s comment captures the essence of “the tyranny of the majority.” Moreover, it is disingenuous of Justice Scalia to baldly state that elected members of public bodies are “acting as citizens” when he in fact knows that elected officers are acting as REPRESENTATIVES of the citizens in their respective communities who elected them to office. Therefore these representatives must needs represent ALL of the citizens – those who hold religious beliefs and those who do not.
Admittedly, I am biased in favor of siding with Justice Kagan since she is a former Dean of my law school; nevertheless, the fact that the two Co-Plaintiffs in the lawsuit are an atheist (Linda Stephens) and a Jew (Susan Galloway) provides concrete evidence that Justice Scalia’s point about everyone having the right to “invoke their deity” is spurious. BUT, WHAT DO YOU ON RG THINK?
Access a transcript of the November 6th oral arguments before SCOTUS in Town of Greece v. Galloway here:
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An interesting question and quite a lot of views, Gwen. Though much has been said, may I share my thoughts?
Let us leave religion out of the discussion on secularism, for the time being. Let us substitute 'religion' with 'belief', 'faith' or even 'principle'. And for an example, let us take the Olympic games opening ceremony. Picture this: The contingents are lined up and as is customary, the national anthem of the host country is played.
Scene 1: Other than the host country contingent, other contingents get busy talking among themselves, exchanging greetings with other teams, stomp and yawn for the anthem to be over. After all, it is not their national anthem. Who cares, what they mean by all their noise and crackle?
Scene 2: All contingents stand respectfully, bow their heads perhaps or even place their hands on their heart. They may not understand a word of what is sung. But it is somebody's national anthem and we believe that irrespective of their size and shape, every nation is entitled the respect for its sovereignty.
The example that I have tried to give is not from judicial parlance. But the underlying principle is what we call as 'secularism'. Secularism is not about 'our' religious belief alone. It is about respect for each others belief in every walk of our life. Tolerance and respect for others belief is the bottom line of secularism. If I were to walk into my child's school run by Missionaries when the morning Prayer is on, it does not matter whether I am a christian, Hindu, Zoroastrian, Buddhist, Muslim or Jew. Common decency demands that I stand respectfully till the prayers are over and then get to my business for going there. Nor should I feel infringed if I was asked to follow certain norms at the school as is customary in Missionary schools. If I feel that they are infringing on my religious belief by expecting me to stand during their prayer, then I must take my child out of that school and go where my way of looking at things will be honored.
When we want to be part of the society, we must concede as much space to others as we want for ourselves. Secularism is that foundation which helps to bind diversities into unity.
Thank you for giving me the opportunity to participate. Have a great day.
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French philosopher Jean-Paul Sartre was a severe critic of liberal democracy and electoral politics. Even though Sartre drafted a new constitution for a postwar France (according to his biographer Annie Cohen-Solal), his philosophy challenges the idea of constitutionalism and civil law, which is largely accepted as a fundamental necessity for the creation and maintenance of a modern democratic society. How has European / Anglo-American constitutional law responded to existentialism? Has the field of Western legal theory / studies engaged with Sartre on any level? Which law journals would be the best to search through? Are there any relevant databases that I could search?
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Ronald Dworkin briefly (but quite positively) discusses Sartre in Justice for Hedgehogs, at 210 and (especially) 231.
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A critical question, can be answered by anyone.
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What exactly are you referring to when you ask whether a constitution can be thought of as a footnote to its preamble? Do you mean to say that a constitution should be read within the background of its preamble? If so, I like your question. In the U.S., we have discovered, most notably during the mid-19th Century, that our preamble missed a critical concept about our values regarding the equality of people. I've copied the U.S. Constitution's preamble here:
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
What we learned is that our constitution failed to fully incorporate the language of the U.S. Declaration of Independence. President Lincoln, referred to its principles as those on which the U.S. was founded. Specifically, that, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
I suppose that, in the U.S., at least, our constitution's preamble focused more on improving the federal government. It was written by men of more practical concerns. So, in the U.S., at least, I would probably answer your question in the negative--that is if I am understanding it correctly. I think for new democracies, however, your question has great import. A well-written preamble should give insight to every person citizen or not of the principles and beliefs of the people it purports to govern.