882 resultados para Constitutional philosophy
Resumo:
Some commentators worry that a plurinational constitutional order can only ever be an inherently unstable modus vivendi. They fear that the accommodation of sub-state nationalism will tend to undermine the viability of constitutional democracies. This article enlists Ronald Dworkin’s theory of ‘law as integrity’ to show how these concerns might be assuaged. My central claim is that the expressive value of integrity can drive a divided society in the direction of an eventual community of principle, even in the absence of a common political identity. I argue that this model of political community is a more plausible prescription for divided societies than the theory that competing nationalisms might be superseded by constitutional patriotism. I go on to explain, however, that integrity has a better chance of realizing this potential if the generally judge-centric focus of Dworkin’s theory is expanded to make greater room for non-judicial interpretative responsibility. Occasional references are made to the example of Northern Ireland to illustrate my points.
Resumo:
This article reconstructs British constitutional policy in Northern Ireland after power-sharing collapsed in May 1974. Over the following two years, the British government publicly emphasised that Northern Ireland would decide its own future, but ministers secretly considered a range of options including withdrawal, integration and Dominion status. These discussions have been fundamentally misunderstood by previous authors, and this article shows that Harold Wilson did not seriously advocate withdrawal nor was policy as inconsistent as argued elsewhere. An historical approach, drawing from recently released archival material, shows that consociationalists such as Brendan O'Leary and Michael Kerr have neglected the proper context of government policy because of their commitment to a particular form of government, failing to recognise the constraints under which ministers operated. The British government remained committed to an internal devolved settlement including both communities but was unable to impose one.
Resumo:
Despite the proliferation of studies of HR systems, there are still substantial gaps in our understanding
of how such systems actually work. This article, by focusing on the neglected areas of HR philosophy
and HR processes in the composition of HR systems, and by using a qualitative, employee-centred
approach in the collection and analysis of data, provides new insights into the working of HR systems.
Using data from interviews with 56 knowledge workers employed in the information and
communications technology sector in Ireland and the UK, we explore employee-level reactions to two
different types of HR systems. We highlight the various ways in which HR processes interact with HR
practices and the different outcomes that may result, and we identify the key role of HR philosophy in
HR system operation.