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The term &#039 / Costitutional Democracy&#039 / is characterized by an underlying conceptual tension between the rule of law and populSar sovereignty. This is reflected in the controversy surrounding the judicial review of legislation in contemporary political systems. In this thesis, the development of the idea of &#039 / governmernt under law&#039 / in political thought, contemporary debates on the doctrine of judicial review and normative relation between law and politics is analyzed. It is concluded that both &#039 / constitutionality&#039 / and &#039 / popular sovereignty&#039 / are essentil to modern democracy. Yet, it might be problematic to disassociate constitutional law from ordinary politics, since the latter is the principal means through which a polity shapes its future.

Cooperative learning is a pedagogic approach that is prevalent in all levels of education as it is seen to yield higher learning outcomes than individual learning (Johnson & Johnson, 2009). In the global university, it is believed to have the potential of increasing intercultural contact since students work together in small groups to conduct projects related to their discipline. The assumption is that students will learn the intercultural skills they need for an interconnected world by studying and learning in groups with linguistically and ethnically diverse others (Association of Community Colleges Canada, 2010). Although cooperative learning is based on social interdependence in which group members work together for the mutual benefit of their group, there has been very little research conducted into the relationships that the group members actually have with each other. It is the aim of this study to examine these relationships and find out their impacts on cooperative learning experiences. Drawing upon insights from pragmatism and dialogism, in this thesis, learning is conceptualised as an embodied, socially situated, and relational process. This means that the key to learning is the relationships that learners can construct with others. An integral part of forming relationships is the negotiation of identities in which people see themselves and others as certain kinds of people. In learning in cooperative groups, the ability to negotiate legitimate, competent identities is regarded as essential. For this reason, the study reported in this thesis uses a view of identity as socially constructed as a lens though which to analyse relationships in cooperative learning. The study focuses on the experiences of 12 students participating in group learning projects in first year business courses. Narrative inquiry is the methodology used as it is ideal for highlighting the complexities in human relationships and issues of power. The narratives of four international, four Canadian immigrant, and four Canadian-born students are analysed. A key finding from the analysis is that the relationship students are able to negotiate in cooperative groups and the types of identities they are able to construct with others strongly impacts their learning. There appeared to be a hierarchical order to student identities in groups with Canadian-born students assuming more powerful identities. Frequently these students are results oriented showing only interest in achieving high marks in their group projects. This leads to an absence of emotional connectedness amongst students and a disregard for the process aspect of working together which is core to cooperative learning. The thesis concludes with a discussion of the ways that cooperative learning could be changed to make it more process oriented. Finally, I make recommendations for further research which can build on the findings from this study.

In the past 30 years there has been a rapid and exponential growth in the numbers of people electing to complete all or part of their studies outside of their country of origin. This phenomenon has attracted considerable research attention, not least from those who are interested to describe the benefits seen to accrue from the opportunity this provides for an extended encounter with linguistic and cultural diversity. Notably, the widespread assumption that this can generate a new form of learning, commonly referred to as intercultural learning, which is understood to comprise increased tolerance, empathy and openness to the linguistic and cultural other. Despite the limited research data to substantiate these claims, among those interested to develop educational responses to globalization, the potential of intercultural contact to generate intercultural learning has considerable appeal and has been co-opted in the development of policy and practice to promote global citizenship at all levels of education. This has contributed to the emergence of a particular discourse about intercultural learning and is further fuelling the development of both short and long-stay study abroad programmes. This discourse is, however, increasingly called into question on account of the perceived overly-simplistic constructions of interculturality and learning on which it is premised. In particular, there is a growing recognition of the need to develop situated accounts of people’s everyday encounters with linguistic and cultural others which acknowledge the exigencies of the setting, as well as the impact of wider political economic and historical discourses on their positioning in intercultural encounters. The generation of ‘thick’ descriptions of people’s lived experiences of interculturality in global educational contact zones, it is argued, can lead to a more nuanced account of the intercultural learning these can afford. This was the aim of the study reported in this thesis. The study undertaken explores the relationship between an experience of interculturality and learning among 14 international students during their year-long sojourn at a university in the UK. Drawing upon a socially constructed relational understanding of learning informed by the transactional and dialogic conceptualization of learning developed by Dewey and Bakhtin among others, the study sought to generate a narrative account of participants’ experiences and learning generated from periodic individual and group interviews over the year as well as reflective accounts in participants portfolios and other opportunistic conversations recorded in the researcher log. Primary analysis of the data revealed that participants’ experiences generated a number of forms of learning. One of these, ‘learning about self in relation to linguistic and cultural other’ was identified as a form of intercultural learning, comprising learning to be more open to the other and learning about linguistic and cultural positioning. This was subsequently explored in more depth, revealing a complex interplay between these two elements and the strategic actions taken by participants to manage their encounters with linguistic and cultural others. These results revealed considerable differences in the learning trajectories and outcomes resulting from their intercultural encounter. The findings also point to the importance of sustained commitment to intercultural dialogue on the part of individuals and the perception of their ethical treatment by others as important to the direction their learning trajectories take. On the basis of these findings, it is argued that while an encounter with linguistic and cultural other may lead to increased tolerance, empathy and openness to other associated with the way intercultural learning is employed in much of the research literature, the strategic actions learners take to negotiate their linguistic and cultural positioning will critically inform the extent to which they develop these qualities. The thesis concludes with a discussion of the ways in which a situated and relational conceptualization of interculturality and learning is seen to contribute to a more informed and deeper understanding of the sorts of intercultural learning that are made possible by an intercultural encounter. I also identify a number of research agendas which can build upon the insights provided by the study.

L’Etat de Droit demeure une réalité dans les Républiques du Mali et du Sénégal, pour preuve l’organisation récurrente d’élections concurrentielles dont les résultats sont acceptés par les perdants. Cette participation démocratique témoigne l’intérêt suscité par les politiques de décentralisation. Ces dernières apportent une réponse appropriée au développement local. En outre, l’absence de partis ethniques ou religieux atteste l’ancrage d’une véritable démocratie. Celle-ci se vérifie dans les espaces d’interpellation démocratique au cours des débats. Ces forums bénéficient de l’expertise inestimable de la société civile. Mais, le contrôle juridictionnel contribue davantage au règne du droit car il participe à la régulation de l’activité des pouvoirs publics, à la protection des libertés publiques et de la liberté individuelle. / Legally constituted state remains a reality in Mali and Senegal Republics, a piece of evidence the recurrent organization of competition elections which results are accepted by the losers. This democratic participation proves the interest demonstrated by decentralization politics. The latter constitute the fast track at local development. In addition, the absence of ethnic or religious parties testifies the anchor of true democracy. This one is confirmed in the democratic interpellation space during debates. These forums receive invaluable civil society expertise. But, the jurisdictional control more contributes to the rule of law because it participates in the regulation of authorities activity, in the protection of civil liberties and personal freedom.

What do the current Constitutions of Bolivia, Ecuador, Colombia and Venezuela   have in common? These are all part of what is known asthe new Latin American constitutionalism, a recenttheory  of  Constitutional  Law  that  offers  a new approach to analize the role of constitutionalism inthe present times.THĒMIS-Law Review had the opportunity to interview the main representative of this Latin American constitutionalism, with regard to what this new proposal is about, the solutions it presents, the challenges it faces, as well as the reading it offers about constitutional phenomenons and Constitutional Law institutions. / ¿Qué tienen en común las Constituciones vigentesde Colombia, Venezuela, Ecuador y Bolivia? Todas ellas son parte de lo que se denomina el nuevo constitucionalismo latinoamericano, una corriente del Derecho Constitucional que propone un nuevo enfoque para analizar el rol del constitucionalismo en nuestros tiempos.THĒMIS-Revista de Derecho tuvo la oportunidad de conversar con uno de los principales teóricos de este constitucionalismo latinoamericano, respecto de qué trata esta nueva propuesta, las soluciones que ella plantea, los retos que se le presentan, así como la lectura que ofrece respecto de los fenómenos constitucionales e instituciones del Derecho Constitucional.

[pt] A censura à arte fez-se presente nos diversos momentos históricos do Brasil, até ser formalmente extinta pela Constituição de 1988. A proibição de censura prévia, porém, não impediu que obras de arte fossem submetidas ao crivo dos Poderes constituídos, instados a manifestar-se acerca dos limites da liberdade de expressão artística. Em setembro de 2017, ocorreu um “estopim” administrativo, judiciário e midiático com a ocorrência de quatro casos de censura em apenas um mês, que tomaram notoriedade em todo o país, especialmente a exposição Queermuseu e a performance La Bête. Esses casos são considerados como o marco inicial do período estudado neste trabalho. A partir desses quatro episódios, a tônica do debate público e da atuação dos Poderes constituídos mudou de foco, representando indício de uma possível mudança estrutural do comportamento das instituições e do público no que toca à liberdade de expressão artística e à censura no Brasil. Com intuito de analisar essa mudança, foram feitos estudos de caso de doze obras de arte que sofreram ao menos um ato de censura entre setembro de 2017 e março de 2020, quando ocorreu o fechamento dos espaços culturais devido à pandemia de COVID-19. O trabalho abordará as peculiaridades da censura no período estudado, que tem por característica negar a si mesma. Também serão abordadas as ferramentas jurídicas e administrativas disponíveis aos artistas e ao público para impugnar os atos censórios emanados dos Poderes constituídos. / [en] Artistic censorship has been constant in brazilian history, until its formal extincion after 1988 Constitution. Although previous censorship is prohibited, works of art have been submited to the constitutional Powers, since then, in order to determine the limits of artistic freedom of expression. In september 2017, four episodes of censorship occurred in the same month and became notorious all over Brazil, specially the Queermuseu exhibition and the performance La Bête. This cases are the starting point to this research. This four episodes unleashed a conservative turning point in the behaviour of the institutions and the public debate concerning freedom of speech. In order to analyze this change, case studies will be carried out, comparing the most notorious episodes of the period. The time frame has been restricted from the cases Queermuseu and La Bête, that took place in september, 2017, until the closure of cultural spaces during the COVID-19 pandemic, in march 2020. This paper approaches the peculiarities of censorship in this time frame, featuring the tendency to deny itself. Also, this research will expose some of the legal and administrative tools available to the artists and the citizens to fight censorship by constituted Powers.

This dissertation examines the reconfiguration of the limits of representation in reference to the intermediary function of angels. The Modernist engagement with the figure of the angel entailed, primarily, a reconsideration of the problem of representation as well as an attempt to trace the contours of a poetics that plays itself outside the mimetic understanding of representation. My contention is that this transformation of literary referentiality was not simply a disengagement of art from reality but, rather, from the truthfalsity, reality-fiction, subject-object dichotomies. The angel, defined as the figure of passage par excellence, but also as the agency that induces the transformation of the visible in the invisible and vice versa, appears both as a model/archetype and as a guide towards the illumination of this intermediary aesthetic. Working with the joined perspectives from angelology, contemporary phenomenology, and poetics, this dissertation is an extended overview of the notion of intermediary spaces, as well as an attempt to probe the relevance of this concept for the field of literary studies. In the first case, this dissertation offers a theoretical background to the concept of intermediality, seen in its theological, phenomenological, aesthetic and ethical significances. In the second case, it presents the reader with a heuristic apparatus for approaching this problematic in the field of literary interpretation and provides examples of ways in which such an analysis can become relevant. The primary texts discussed here are all examples of attempts to redefine the notion of representation away from the truth-falsity or subject-object oppositions, as well as to create an aesthetic space with its own particularities, at the limit between visibility and invisibility, excessive presence and absence. Nicholas of Cusa’s “Preface” to The Vision of God proposes an ethics of reading defined by admiratio (the consubstantiation of immediacy and distance) under the aegis of the all-seeing icon of God. Louis Marin’s reading of the episode of the Resurrection reveals that history and narrative arise from the conjunction of the excessive absence of the empty tomb of Jesus and the excessive presence announcing the resurrection of Christ. Sohravardî’s “Recital of the Crimson Angel” is a presentation of the space-between of revelation, between cognitio matutina and cognitio vespertina. Walter Benjamin’s “Agesilaus Santander” restores the connections between the exoteric and the esoteric under the patient gaze of “Angelus Novus”. Paul Valéry’s Eupalinos, ou l’Architecte explores the aesthetic of “real appearance” in the space-between the image and the perceiving eye. Poe and Malamud’s short stories reveal the affinities between poetic language and angelophany. Elie Wiesel’s Les portes de la forêt expands the apophatic itinerary from the self to the radically other in a hermeneutical gesture which has the angel as its initial and final guide. Finally, Rafael Alberti’s Sobre los ángeles shows that the aphaeretic function of poetic language is very similar to the apophatic treatment of the world as representation; in this last sense too, the angels are indispensible guides.

This dissertation examines the reconfiguration of the limits of representation in reference to the intermediary function of angels. The Modernist engagement with the figure of the angel entailed, primarily, a reconsideration of the problem of representation as well as an attempt to trace the contours of a poetics that plays itself outside the mimetic understanding of representation. My contention is that this transformation of literary referentiality was not simply a disengagement of art from reality but, rather, from the truthfalsity, reality-fiction, subject-object dichotomies. The angel, defined as the figure of passage par excellence, but also as the agency that induces the transformation of the visible in the invisible and vice versa, appears both as a model/archetype and as a guide towards the illumination of this intermediary aesthetic. Working with the joined perspectives from angelology, contemporary phenomenology, and poetics, this dissertation is an extended overview of the notion of intermediary spaces, as well as an attempt to probe the relevance of this concept for the field of literary studies. In the first case, this dissertation offers a theoretical background to the concept of intermediality, seen in its theological, phenomenological, aesthetic and ethical significances. In the second case, it presents the reader with a heuristic apparatus for approaching this problematic in the field of literary interpretation and provides examples of ways in which such an analysis can become relevant. The primary texts discussed here are all examples of attempts to redefine the notion of representation away from the truth-falsity or subject-object oppositions, as well as to create an aesthetic space with its own particularities, at the limit between visibility and invisibility, excessive presence and absence. Nicholas of Cusa’s “Preface” to The Vision of God proposes an ethics of reading defined by admiratio (the consubstantiation of immediacy and distance) under the aegis of the all-seeing icon of God. Louis Marin’s reading of the episode of the Resurrection reveals that history and narrative arise from the conjunction of the excessive absence of the empty tomb of Jesus and the excessive presence announcing the resurrection of Christ. Sohravardî’s “Recital of the Crimson Angel” is a presentation of the space-between of revelation, between cognitio matutina and cognitio vespertina. Walter Benjamin’s “Agesilaus Santander” restores the connections between the exoteric and the esoteric under the patient gaze of “Angelus Novus”. Paul Valéry’s Eupalinos, ou l’Architecte explores the aesthetic of “real appearance” in the space-between the image and the perceiving eye. Poe and Malamud’s short stories reveal the affinities between poetic language and angelophany. Elie Wiesel’s Les portes de la forêt expands the apophatic itinerary from the self to the radically other in a hermeneutical gesture which has the angel as its initial and final guide. Finally, Rafael Alberti’s Sobre los ángeles shows that the aphaeretic function of poetic language is very similar to the apophatic treatment of the world as representation; in this last sense too, the angels are indispensible guides.