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"Verfassung"
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The imperial nation : citizens and subjects in the British, French, Spanish, and American empires
Historians view the late eighteenth and early nineteenth centuries as a turning point when imperial monarchies collapsed and modern nations emerged. Treating this pivotal moment as a bridge rather than a break, The Imperial Nation offers a sweeping examination of four of these modern powers--Great Britain, France, Spain, and the United States--and asks how, after the great revolutionary cycle in Europe and America, the history of monarchical empires shaped these new nations. Josep Fradera explores this transition, paying particular attention to the relations between imperial centers and their sovereign territories and the constant and changing distinctions placed between citizens and subjects. Fradera argues that the essential struggle that lasted from the Seven Years' War to the twentieth century was over the governance of dispersed and varied peoples: each empire tried to ensure domination through subordinate representation or by denying any representation at all. The most common approach echoed Napoleon's \"special laws,\" which allowed France to reinstate slavery in its Caribbean possessions. The Spanish and Portuguese constitutions adopted \"specialness\" in the 1830s; the United States used comparable guidelines to distinguish between states, territories, and Indian reservations; and the British similarly ruled their dominions and colonies. In all these empires, the mix of indigenous peoples, European-origin populations, slaves and indentured workers, immigrants, and unassimilated social groups led to unequal and hierarchical political relations. Fradera considers not only political and constitutional transformations but also their social underpinnings. Presenting a fresh perspective on the ways in which nations descended and evolved from and throughout empires, The Imperial Nation highlights the ramifications of this entangled history for the subjects who lived in its shadows.
Book
German Universities as multiple hybrid organizations
The purpose of this study is twofold: (1) to survey whether dissertations have been rejected in connection with the examining committees' sessions and, if so, upon which grounds, and (2) to conduct a problematizing discussion about the pros and cons of written criteria for doctoral dissertations. In Survey One (1984-2003), responses came from the humanities, law, and social sciences in six established universities. In Survey Two (2004-2017), responses came from the same disciplines at ten universities. The surveys are based on searches in electronic databases and written responses from the faculty offices. The results show 18 cases of rejected dissertations. Five of the dissertations are written in law and five in arts, theater, culture, and film studies. Three areas appear to be particularly critical for the rejection: akribeia (accuracy and precision), methodological issues, and results and analysis. (HRK / Abstract übernommen).
Journal Article
The determinants of university strategic positioning: a reappraisal of the organisation
This paper makes a contribution to the debate on university organisational actorhood by theorising the determinants of institutional strategic positioning. It argues that besides environmental forces and managerial rationality, the organisational dimension needs to be accounted for. Addressing the mixed empirical evidence in the relevant literature, we conceptualise the organisational dimension as a meso-level intervening variable mediating both external influences (outside-inside) and organisational action (inside-outside). We operationalise the organisational dimension along three components: organisational structure, identity and centrality, which are further elaborated in sub-components and indicators. A set of hypotheses to be tested in empirical research is provided. The paper offers new perspectives on the dynamics of change in higher education and on strategic agency of organisational actors.
Journal Article
Reputation management in complex environements
Student engagement initiatives at the national, institutional and classroom level have emerged against a backdrop of The times are long gone when universities were closed entities dominated by a selected group of professors. Modern universities cater to a wide variety of stakeholder groups and are hence socially embedded: they provide information, project an image of themselves, and are connected in different ways to actors in the environment who are important providers of resources, support, commitment, trust, and legitimacy. Reputation management is therefore important. We ask what is typical for the reputation management of universities? What are the core symbols and how are different types of symbols balanced? How much do universities focus on their performance record, their moral symbols (openness, trust, caring, etc.), and professional qualities? We set out to answer these questions using a comparative analysis of twenty universities in four Nordic countries. The data consist of a web census - a systematic analysis of the websites of the universities in question. (HRK / Abstract übernommen).
Journal Article
How not to write a constitution: lessons from Chile
On September 4, 2022, Chilean voters massively turned down a constitutional proposal that responded to widely shared criticisms of the 1980 constitution and emerged from a consensual and participatory process. This result is paradoxical because ex ante, the odds seemed largely in favor of changing the status quo. We argue that three factors, which derived from the interaction between rules and political contingency, explain the outcome: a Convention under the control of party-less independents, the exceptional underrepresentation of the political right, and a highly decentralized and public writing process. We extract some lessons from the failed experience that can be useful for countries seeking to deepen democratization through constitutional change and for a future constitution-making process in Chile.
Journal Article
The status games they play
The article uses the concept of organisational status to explore how universities respond to intensifying competition. Although status is not a novel phenomenon in higher education, recent insights show that the concerns with vertical positioning, both nationally and internationally, are gaining prominence with a growing number of universities worldwide. As global competition becomes as fierce as ever, universities' efforts to maintain or advance their position vis-à-vis each other are becoming more salient. The paper draws from extant literature to identify three mechanisms of organisational status construction-categories, intermediaries and affiliations-and offers a set of propositions as to how universities of different status rank are expected to act when seeking to maintain or advance their status. Such activities, it is argued, shape status hierarchies, which, in turn, affect the scope of organisational action. The article contributes to the discussions on competition in higher-education literature and, more broadly, to the theory of organisational action in the tradition of sociological institutionalism. (HRK / Abstract übernommen).
Journal Article
Public goods and public policy
Higher education (HE) is usually seen as serving the public good, especially when funded directly by the state, and because of potential social effects such as a reduction in inequality and an increase in social mobility. Public support for higher education is conditional; however, on its capacity, capability and willingness to educate citizens, and to create and disseminate knowledge. But what is the public good and what defines it? Recent years have seen many governments adopt the format of a national strategy or development plan for higher education-setting out national objectives. Similarly, many governments (e.g. Ireland, Netherlands, Hong Kong, Finland and New Zealand) are adopting the policy tool of performance agreements or compacts to better align higher education institutions (HEI) with the national objectives, involving identification of appropriate performance management and indicators. The process by which national objectives are determined varies but may involve a group comprising national and international 'experts', sometimes using consultation mechanisms (open or limited). The concept of public good has played a significant role in (re)positioning higher education over recent years. This is especially so in response to growing demands for greater accountability for all public organisations, but also, specific concerns regarding growing higher education access/participation, costs/debt, graduate employability/unemployment, and social/economic impact. This paper takes a practical approach-by asking 'what is the public good' and 'who defines it' and looking at how different countries are approaching the issue. (HRK / Abstract übernommen).
Journal Article
The Jewish Verfassung, the Israeli nomos: the constitutional situation of the beginnings of the State of Israel in the context of Carl Schmitt's political and legal philosophy
The paper is an attempt to examine how Carl Schmitt's constitutional theory can be useful to analyse the Constitution of the State of Israel designed in the late 1940s – the impact of which Jacob Taubes once certified. The author analyses three projects created then by Leo Kohn through the prism of Schmitt's concept of Verfassung and Verfassungsgesetz. He also reads in the context of Schmitt's philosophy (from Constitutional Theory and The Nomos of the Earth) the constitutional situation of Israel as a country where, first, the Constitution has not been passed and the basic matter of its legal system is regulated by the Basic Laws; second, citizens of Arab origin are excluded from the national community; and third, the borders of the state remain fluid and change due to the constant partition of the land.
Journal Article
Proportionality
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
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