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This chapter examines the rise of intergovernmentalism in the European Communities and its impact on the development of a constitutional practice of European law. While a constitutional interpretation of European law was developed by an alliance of the European Commission and the European Court of Justice, the increasing saliency of intergovernmental decision-making – above all else, the strengthened role of national governments in the Council - was an equally critical and possibly more influential pillar of European integration, which effectively constrained supranational governance. Pivotal moments include the Empty Chair Crisis (1965–66) and the Luxembourg Compromise (1966). The development of the member state veto and the suppression of majority voting were powerful instances of member states asserting their control over the course of European integration. The chapter concludes that intergovernmental governance, while never coherent or unanimous enough to outright curtail the Court’s doctrines, significantly shaped the trajectory of European legal integration.
Florentino González (1805–1875) was one of the “founders” of classical liberalism in nineteenth-century Colombia. His early life was marked by the experience of independence since his family was forced to move from their home by the loyalists when he was still a child. He completed his studies in jurisprudence in Bogota in 1825. As Gran Colombia tore apart, González participated in the plot to assassinate Bolívar in 1828, and subsequently suffered prison and exile. He was back in Bogota shortly after Bolívar’s death and became actively involved in politics and journalism for the next two decades, when he held a succession of important posts, including elected member of Congress and State Secretary of Finance. In 1840, he published Elementos de ciencia administrativa, a two-volume treatise about public administration, a subject he then taught at the university in Bogota. He authored a significant number of essays, some of them in the newspapers he edited. Appointed to a diplomatic mission that took him to Lima and Santiago de Chile, he resigned it in 1861 and remained in exile until the end of his life, first in Chile and later in Argentina.
We now study the total variation flow on bounded domains in metric measure spaces. In Section 6.1, we consider the Neumann problem; using the techniques developed in Chapters 4 and 5, we give a definition of weak solution to the Neumann problem for initial data in L2 based on the Gigli differential structure adapted to a bounded domain and prove their existence and uniqueness. We also introduce the notion of entropy solution for initial data in L1. In Section 6.2, we consider the Dirichlet problem for initial data in L2 and boundary data in L1. We prove lower semicontinuity of the associated functional, give a definition of weak solution, and prove their existence and uniqueness.
The epilogue examines the persistence of the term ‘achievements’ in Egyptian governmental media today, which is indicative of the concept’s resilience. This persistence raises an important question around the social and historical reasons undergirding the continuity of achievement praxis. Why are cultural and media institutions reproducing the achievement state in Egypt? The answer would seem to be that the current bureaucratic apparatus inherited, via institutional means, certain ways of thinking and working established after the 1952 revolution. This simple answer belies my ethnographic experience, because contemporary bureaucrats – with few exceptions – have a very faint sense of the history of the bureaucratic apparatus prior to their own entry into the workforce. A more likely answer, I suggest, is that the institutional context within which bureaucrats work did not change in some identifiable ways since 1952. The continuity of achievement praxis is tied to the institutional environment in which it thrives, rather than a conscious will among state officials transmitted across generations.
Theatrical presentation encompasses diverging perspectives on water ecologies, ecological divisions and extremes of wet and dry in tropical and desert climates. While twentieth-century drama points to how water sources in Australia have been divided up to restrict access through land proprietorship, polarising attitudes and racial injustice, innovative twenty-first century performance emphasises the interconnectedness of water flows, seepage and below ground storage. An appreciation of water flow is particularly evident in First Nations performance, which includes the influential work of Bangarra Dance Theatre. Performance explores values and practices that resist the way water is polluted and detrimentally reconfigured in binary divisions to restrict access and divert flows and highlights the need for water availability for all species in a climate change era. Australian theatrical performance points to emotional feelings and values that protect and preserve water and its river flows even as human impact on the climate means its patterns are no longer predictable.
This chapter investigates France’s contentious relationship with the development of a constitutional practice in European law. The chapter explores the longstanding struggle between two factions within the political and legal elite that shaped the French reception of European law: the supranationalists, who supported a federal vision of European law, and the souverainistes, who resisted supranational legal authority in favour of national sovereignty. This ideological battle was most visible in the French judiciary, where institutions like the Conseil d’État and Cour de Cassation adopted competing stances on European law. Despite these challenges, the chapter argues that France ultimately had to yield to European legal integration in the 1980s, after an open rebellion by the Conseil d’État and the National Assembly in 1979-1980 failed. This evolution reflected France’s broader struggle with defending national sovereignty and adapting to the realities of European integration.
This chapter examines the European Parliament’s (EP) so-far overlooked role in the development of European law. It argues that the EP and its legal committee contributed to the development of a constitutional practice within the European Community (EC). Despite its weak legislative authority, the EP played an important role in legitimising the constitutional interpretation of European law by positioning itself as Europe’s democratic voice, through rhetorical strategies, performing as a parliament and by providing a public forum, in close conjunction with the other EC/EU institutions. The EP contributed at key moments. In the 1960s, it supported the ECJ constitutional interpretation of European law. In subsequent decades, the EP’s Legal Committee acted as a “norm entrepreneur”, cooperating with the Commission’s Legal Service and advocating for a federalist vision of integration. The chapter concludes that, while the EP lacked legislative power, its discursive strategies helped construct and legitimise the constitutional practice.
This chapter takes up a series of popular folktales about radical inequality (Aesop, Gevia ben Psisa/ben Qosem) to argue that provincial communities become increasingly interested in reframing quotidian interactions as legal interactions. Legal dialogue came to be imagined as a register of discourse capable of controlling powerful people. Interestingly, however, all of these stories feature a protagonist somehow marked as physically deformed or otherwise grotesque: Aesop was the ugliest slave imaginable, Geviah a hunchback. The very bizarreness of these characters offers a standing challenge to normative understandings of power: in each case, it is the most degraded members of society who manage to wield legal logos to control their superiors, society’s notional elites.
Erasure codes find various applications: Each of those puts different constraints on the erasure code, for example, on the blocklength, code rate, decoding complexity, or number of decoding operations. This chapter discusses some of them.
Linkages between environmental risks and racial discrimination have long been areas of research and activism in the domestic sphere. The term ‘environmental racism’, coined by Rev. Dr Benjamin F. Chavis Jr and Robert D. Bullard in the 1980s, refers to racial discrimination embedded into the process of environmental decision-making, whether by a conscious design or institutional neglect (Bullard 1993, 17). The results are that communities of colour are disproportionately exposed to environmental issues (Bullard 1990, 1993; Schlosberg and Collins 2014). However, an unresolved theoretical issue in this conversation is applying such framework in the global order, particularly considering Global South countries1 in the realm of international negotiations on climate change. Such an application builds on scientific evidence that communities most at risk have emitted the least greenhouse gases (GHGs) and also have fewer resources to deal with climate change, and that climate change has generated and perpetuated vulnerabilities (IPCC 2022, 9–11). This is deeply intertwined with the principle of common but differentiated responsibilities and respective capabilities (CBDR&RC principle), since it acknowledges that Global North countries should bear the higher costs of mitigation and adaptation to climate change, as well as recent discussions on climate justice and human rights – particularly considering the economic, social, and cultural (ESC) rights. However, the current understanding and operationalization of the CBDR&RC principle does not enhance climate justice and human rights, because it does not address the underlying root causes of climate change (see the third section).