THE EXCLUSION OR INCLUSION OF SELOBEDU LANGUAGE FROM SOUTH AFRICAN CONSTITUTION AS AN OFFICIAL LANGUAGE： A COMPARATIVE ANALYSIS

This paper demonstrates the challenges faced by the Commission for the promotion of Rights of Cultural, Religious and Linguistic Communities. This is one＇of the Chapter 9 institutions in the South African Constitution with a mandate to guard democracy. Languages play a crucial part in promoting and attaining the goals of building democracy and nation. It also protects and develops South African uniquely diverse culture. The use and development of languages is closely linked to the development of culture and identity. This paper also refers to other relevant Acts passed by the state which regulate culture and languages. This paper further endeavours to thoroughly scrutinise the relevant provisions of the South African Constitution which either expressly or impliedly refers to the use of languages, and further examines whether the exclusion of the Selobedu language an official language in the Constitution violates or triumph upon those rights. It further makes comparative study with other countries, especially with countries where the constitution stipulates the official languages of that country, and also differentiates between an official and national language.     

Which Institutions are Good for Your Health? The Deep Determinants of Comparative Cross-country Health Status

We extend the literature on the deep determinants of economic development by focusing on life expectancy, instead of income per capita, as an indicator of economic development, and by examining the role of informal, as well as formal, institutions. Our empirical results suggest that formal and informal institutions are substitutes. Improving informal institutions has positive effects on life expectancy that are statistically significant for most countries and stronger than the effects of improving formal institutions. The gains from improving informal institutions are greatest for countries in which institutions are weakest. Geographical factors also help explain cross-country variation in life expectancy.     

Vṛṣabhadeva’s Sphuṭākṣarā on Bhartṛhari’s Metaphysics: Commentarial Strategy and New Interpretations

Although somewhat neglected in the scholarly debate, V??abhadeva’s commentary (known as Sphu?āk?arā or Paddhati, possibly 8th c. CE) on Vākyapadīya’s first chapter, offers a remarkable analysis of Bhart?hari’s views on metaphysics and philosophy of language. Vākyapadīya’s first four kārikās deal with ontological issues, defining the key elements of Bhart?hari’s non-dualistic edifice such as the properties of the unitary principle, its powers, the role of time and the ontological status of worldly objects. V??abhadeva’s interpretation of the kārikās in question is intriguing and seems to be guided by the urgency to find a solution to the riddle which every non-dualistic theory has to face: how is it possible to postulate a unitary principle of reality when reality is cognized as multiple? In accomplishing the task V??abhadeva proposes various solutions (some of them based on concepts which are hardly detectable in Vākyapadīya and appear close to the ones propounded in certain trends of Advaita Vedānta), finally suggesting an explanation which, focusing on the pragmatic aspect of language, is altogether consistent with Bhart?hari’s theoretical picture.     

Drug testing in the public sector: The role of unions

Not surprisingly, unions have traditionally played an active role in employee drug testing. And, although the U.S. Supreme Court upheld the constitutionality of drug testing in two 1989 decisions, unions have continued to wage challenges to urinalysis under the U.S. Constitution and in the labor arena. As this research shows, federal as well as state and local government unions have had some success in challenging the categories of employees targeted for testing, good faith bargaining over drug testing, and due process and equity violations around testing.     

Local Politics Online: The Influence of Presumed Influence on Local Politicians’ Online Communication Activities in Germany

Abstract

How extensively local politicians use online media to communicate with others and the factors that influence their online activities have rarely been examined. In particular, it is unknown whether local politicians use online media more extensively when they believe that online media has a strong political influence on others. To examine this, a standardised survey among German local politicians was conducted (n = 608). The results showed the following: The stronger the politicians perceive the influence of facebook and Twitter on journalists to be, the more extensively they spread information via these social media networks. However, the presumed influences on the public or on other politicians do not affect those online activities. Thus, local politicians apparently do not pursue a disintermediation strategy – they do not try to bypass journalism by directly addressing the public. Rather, journalists seem to be an important target group for local politicians’ online communication efforts.     

Intelligence,Crisis, and Democracy: Institutional Punctuations in Brazil,Colombia, South Africa,and India

This article analyzes why institutional crises are bound to happen and how they impact on national intelligence systems’ development. Punctuated Equilibrium theory is reviewed and employed to explain one institutional crisis in each of Brazil, Colombia, South Africa, and India. In Brazil, the case study is the fall of the Brazilian Intelligence Agency (ABIN) director in 2008, following the Satiagraha operation conducted by the Federal Police Department (DPF). In Colombia, the 2009 wiretapping scandal known as chuzadas is examined. In South Africa, the investigation in Project Avani (2006–8) is reviewed. Finally, in India the case study is the intelligence crisis following the Mumbai terrorist attacks in 2008. We found that institutional crises are inevitable because there are tensions between security and democracy, both being co-evolutionary dimensions of successful contemporary state building. However, the impacts of such crises vary across the four cases pending on three variables: (1) degree of functional specialization inside the national intelligence system; (2) degree of external public control over the national intelligence system; (3) whether effectiveness, legitimacy or both were the main drivers of the crisis. Our analysis of the four case studies suggests that the amount of positive institutional change in the aftermath of an intelligence crisis is greater in countries with more functional specialization and stronger external control mechanisms.     

Constitutionalism and Dissonances: Has Europe Paid Off Its Debt to Functionalism?

Abstract The negative outcomes of the French and Dutch referenda on the Constitutional Treaty have opened a period of profound constitutional disenchantment in relation to the EU. This impression seems confirmed by the recent Presidency Conclusions of the European Council which, although salvaging many important solutions contained in the Constitutional Treaty, explicitly sanction that ‘the constitutional concept . . . is abandoned’. In the light of this context, what role could the constitutional scholarship play? How to make sense of a polity in which the claims of constitutionalism as a form of power are politically unappealing though legally plausible? This article tries to respond to these questions by reaffirming functionalism as a valid analytical and normative perspective in facing the current constitutional reality of European integration. The analytical value associated with functionalism is evidenced by testing against the current context of the EU legal framework the accounts for EU constitutionalism which postulate functional equivalence between the EU and the Member States. The normative potential of functionalism, then, is discussed by arguing that there may be a value worth preserving in a degree of functional discrepancy between the EU and state constitutionalism and, notably, that the transformative and civilising dividend inherent in functionalism could still be exploited, at least in certain areas of EU policy making. Finally, the article suggests that the difficulties in accounting for EU constitutionalism in the light of state‐centred constitutional theory could be regarded as symptoms of European integration marking a moment in the theoretical evolution of constitutionalism.     

Death after anal "fisting"

A 45-year-old homeless woman was found dead at her usual sleeping place. Apart from traces of blood on the lower abdomen of the body, the police investigations did not produce any clues pointing to an unnatural death. At autopsy, it was found, however, that death had been caused by extensive disruptions of the intestine. After being confronted with the results, the sexual partner of the victim admitted manual anal penetration, but claimed that this had been done by mutual agreement. The court did not accept that statement and sentenced him to life imprisonment for murder. The frequency of such fatal outcomes of anal penetration, the relationship between the perpetrator and the victim and the special features at the scene are discussed.     

Anti-money laundering by international institutions: a preliminary assessment

This paper presents an evaluation of the Anti-Money Laundering and Combating Financing of Terrorism (AML/CFT) program. It briefly discusses why this can be seen as the birth of a “regime for financial integrity”. We find that some areas of the AML/CFT framework are consistently weaker than others in the area of prevention measures. Specifically, we have two findings: the first, positive one, points to a substantial adequacy of the repressive measures; the second, negative one, points to a substantial failure of countries to adopt adequate preventive measures, and calls for renewed efforts to improve implementation of preventive measures across the board, with specific regard to the activity of financial sector regulatory and supervisory authorities. Also, Eurozone countries outperform all other groups in the sample. Finally, the limited availability of country information and the multiplicity of assessors and methodologies make it difficult to evaluate the performance of the program. Therefore, we suggest greater transparency and availability of detailed countries’ information, and follow up assessments of the weak areas of a country’s AML/CFT framework at higher frequency than the established 5 years.