Terms of service and bills of rights: new mechanisms of constitutionalisation in the social media environment?

ABSTRACT

From a cursory look at the terms of service of the main social networking websites, it is immediately possible to detect that Facebook’s show a peculiar configuration. Although they represent a mere contract between private parties, these terms adopt the traditional jargon of constitutional texts and articulate their contents in terms of rights, principles and duties. This curious pairing between norms regulating social media and the constitutional sphere is also apparent in a series of non-binding documents that are unequivocally named ‘bill of rights’ and seek to articulate a set of principles to protect social media users. This paper examines whether the emergence of a constitutional tone in this limited number of texts could be related to the effective, or aspirational, constitutional function that these documents exercise. The identification of a series of significant shortcomings will lead to exclude that social media’s terms of service and bills of rights of social media users currently play a constitutionalising role. Nevertheless, the possibility to theoretically justify the use of these documents as mechanisms of constitutionalisation in the social media environment will be adduced as an evidence of the potential constitutional aspirations of these texts.     

Learning-Shaping Crises: A Longitudinal Comparison of Public Personnel Reforms in Italy, 1992‒2014

Abstract

This article analyses the attempts to reform public administration, notably personnel management, in Italy between 1992 and 2014, with a focus on implementation and the period following the multiple crises that have unfolded since 2008. By untangling the policy learning processes between multiple crises, past reform attempts and domestic and European “contexts in motion”, the article finds that efficiency-oriented reforms have floundered regardless of the political color of governments or indeed of the nature – political or technocratic – of the governments. Domestic factors, notably the frequency of government alternation, i.e. government instability, and European pressure have further reinforced the orientation towards single-loop lessons, i.e. the almost exclusive effecting of short-term cost-cutting measures.     

Gc subtypes determined by ultrathin-layer isoelectric focusing. Distribution in the Veneto population (Italy)

The distribution of Gc phenotypes in the population of Veneto was investigated by ultrathin-layer isoelectric focusing. In our sample (n = 732) the six common phenotypes, Gc 1S, 1F, 1S1F, 2, 2-1S, 2-1F and a further phenotype, GC 1S1C3, were observed and the following frequencies calculated: Gc 1S = 0.560792; GC 1F = 0.159153; Gc2 = 0.277323; Gc 1C3 = 0.002732. Our gene frequencies have been compared with those found in other populations.     

Reference Points and Democratic Backsliding

We propose a theory of democratic backsliding where citizens' retrospective assessment of an incumbent politician depends on expectations that are endogenous to the incumbent's behaviour. We show that democratic backsliding can occur even when most citizens and most politicians intrinsically value democracy. By challenging norms of democracy, an incumbent can lower citizens' expectations; by not doubling down on this challenge, he can then beat this lowered standard. As a result, gradual backsliding can actually enhance an incumbent's popular support not despite but because of citizens' opposition to backsliding. This mechanism can only arise when citizens are uncertain enough about incumbents' preferences (e.g. owing to programmatically weak parties). Mass polarization, instead, can reduce the occurrence of backsliding while simultaneously increasing its severity.     

Occupational Accidents from an EU Perspective: Is There a Place for the Principle of Freedom of Choice?

Abstract:  It is evident that one of the most crucial issues concerning the future of European integration is that between social rights and market freedoms. This article is aimed at investigating whether, within a EU law perspective, there exists a legal basis on which the introduction of the freedom of choice as a ruling principle could be founded within the highly sensitive sector of social protection and occupational accidents. In order to answer this question, this article will focus on two aspects of the subject matter. The first concerns the 'reality and myth' of the potential of EU competition law to interfere with Member States' competence in organising their social security systems, particularly as it relates to occupational accidents. The second, the question of health and safety, which at present appears to be an EU Commission priority, may provide a useful starting point in order to avoid a partisan answer to our question. The conclusion is that the potential of EU competition law to interfere is a reality, and not a myth, and the health and safety issue appears to be a crucial element in excluding a pure market model based on the freedom of choice.     

Decentralisation and Integration into the Community Administrations: A New Perspective on European Agencies

Abstract: This paper focuses on the adoption of a number of Community regulations, each for a specific sector, to be implemented not just by a supranational administration (central or peripheral), but by a plurality of national, supranational and sometimes mixed authorities, with a special role assigned to a Community office set up by the same legislation for a given sector, and granting it legal personality. The purpose of this paper is to verify whether the various regulations by sector ought not to be regarded as variants of an emergent general model of joint exercise of certain Community functions. It is argued that such general model is still in the making, but it is in the process of becoming consolidated, notwithstanding the variety of approaches adopted by European legislators. Such a pattern is characterised by specific, differentiated organisational and procedural features. This conclusion is relevant in several different ways, the first of which is that it provides new conceptual tools for interpreting and explaining the process of administrative integration between supranational and national public authorities, in particular by specifying the taxonomy of the patterns through which a Community function can be carried out by two different authorities acting jointly. Second, the decentralised integration model should be considered as a sound and feasible option for the administrative evolution of the Community legal system.     

The influence of research and local knowledge on British-led security sector reform policy in Sierra Leone

Externally-led security sector reform (SSR) in conflict-affected countries may require an array of different and timely interventions to restructure the whole security architecture of a state. Whilst the intent of these efforts is political, their nature is usually technical, operational and targeted at military, police, justice or intelligence actors, or relevant groups in the civilian policy sectors. Because of their urgency, there is seemingly little or no room for research to influence the implementation of these activities. Nevertheless, academic studies on SSR have flourished in recent years, and case studies, ‘lessons learned’ and recommendations for policy-makers now enrich this burgeoning literature. This paper analyses one of the early cases of an externally-led SSR intervention, namely the United Kingdom (UK) assistance programme in conflict-affected Sierra Leone. It seeks to understand whether and how research and knowledge on topics relevant to SSR influenced the development and implementation of the UK's SSR assistance policy in this country. Building on the Sierra Leonean case study, it then examines some general issues and themes, which characterise the use of research in SSR policy in conflict-affected environments.     

Fetal Age Determination Through Biparietal Diameter: A Simple Method of Cranial Reconstruction Using Multipurpose Silicone

In forensic medicine, gestational age of fetal remains is a crucial information in several contests, but the classic methods are inadequate when early gestational age needs to be assessed. In the author's experience, the measurement of the biparietal diameter provides more accurate information for this purpose. The status of the fetal head is therefore critical. This work describes an easy technique that allows to reconstruct the cranial volume of the fetus using multipurpose silicone given both the flexibility of the fetal head structure and the inorganic nature of the silicone itself. In conclusion, the determination of the biparietal diameter achieved through the above‐described technique permitted a more accurate estimation of the dating of pregnancy in judicial cases where the fetal remains were incomplete and disrupted.