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Helle Tegner Anker

This chapter focuses on the development and use of EU competences in environmental matters. It elaborates on the choice of legal basis and the criteria laid down by the Court of Justice of the European Union. Owing to the cross-cutting nature of environmental regulation, the existence of several legal bases is discussed in view of the integration principle demonstrating how this principle broadens the scope of sectoral policies, such as agriculture and transport, to include environmental measures. Certain limitations as regards the depth of EU environmental legislation do, however, exist, e.g. as reflected in the subsidiarity principle. Furthermore, a growing tension between calls for simplification or deregulation as opposed to calls for more ambitious environmental regulation may lead to further disputes on the use of the EU environmental competence.

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Michael Batty

Here we define a generic problem of urban design as one in which the planner searches for an optimal location for some development by taking account of a series of potentially conflicting factors, all judged to be essential to the best design. The simplest problem is one where the factors are simply averaged to give the best location for the development but this kind of averaging does not take account of the fact that the factors are of differing importance. We extend the averaging problem to one where each factor is related to every other one with its own set of weights – degrees of importance – and this sets up a network of relationships between the factors. When these weights are applied in this way, each factor generates a new version of itself which is closer to the final design solution as it is a weighted average of all the other factors to which it is related. Then after this first iteration, the factors become sub-solutions to the problem. Continuing in this way, ultimately this averaging converges to a final solution where all the factors are identical. This process is strongly linked to a network of requirements – a social network – and although we note this, we simply introduce it as one of several analogies useful to thinking about how we can optimize location. Although we pose this as a design problem, we can turn it on its head and consider it as a problem whose solution is the actual development which we observe but whose factor weights are unknown. The problem then is to figure out how the set of factors can be weighted to generate the observed solution. This can then be treated as an artificial neural net, employing all the ideas that have been developed in the last 50 years about machine learning and artificial intelligence (AI). In short, we start with a design problem considered as one of networked averaging and then we reconfigure the problem as one where we observe the actual solution – which is the real world – and then we figure out how this can occur using a neural network. In this way, we relate how urban development actually occurs to its form as optimal design.

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Ernest R. Alexander

This chapter relates complexity to planning and institutional design. Complexity theories explain how self-organization creates complex adaptive systems (CAS), biological and human. Biological evolution is encoded in DNA; institutions are the DNA ordering human societies. Biological systems’ DNA developed by evolutionary adaptation, but human action is deliberate. Social institutions result from intentional decisions – institutional design. Institutional design is defined and described. There are three ‘levels’: the highest is ‘constitution-writing’; the meso-level (engaging planners) involves policy and implementation in substantive fields: e.g. economic development, environmental policy, infrastructure and human services. The micro-level involves intra-organizational institutional design and semi-formal or informal social units. After reviewing knowledge and methods for institutional design, the chapter discusses CAS’ relation to complexity. CAS’ internal and external complexity reflect their adaptation to the complexity of their environments. Finally, the chapter discusses complexity theory, research and institutional design. Human CAS are not like eco-systems: this conditions the application of complexity research to societies. But complexity theory offers insights for institutional design: CAS must adapt to their environments to succeed. The more complex their environments, the more complex CAS must become. Because each case is unique, general institutional design prescriptions are useless. Effective institutional design needs engaged and knowledgeable practitioners, and “goodness-of-fit” with the relevant environment is the only critical criterion for success.

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Malcolm Torry

This short final chapter concludes that each of the chapters has found that the Citizen’s Basic Income debate has contributed to the development of the academic discipline concerned, and that the discipline has contributed to the Citizen’s Basic Income debate. The way in which the modern Citizen’s Basic Income debate has evolved is briefly discussed, and more multidisciplinary research is called for.

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Stefano Moroni and Stefano Cozzolino

The chapter deals with the limits of regulation in complex systems, and is structured around three main questions. (i) Why is the city a complex system? Aside from the city having multiple objects and elements it is complex due to the fact that ‘the city is action’. The city is the emergent result of actions and continuous interaction over time. While actions are intentional behaviours with their own internal logic, the interactions of plural actions imply the emergence of unintentional socio-spatial configurations and an overall uncertainty of the system. By acting, we (intentionally) bring about certain things, while (unintentionally) provoking other things. (ii) What are the conditions within which actions take place? ‘Conditions’ for actions change from place to place. We will distinguish different kinds of conditions for action according to two main variables: first, we consider their nature, which can be ‘social’ or ‘material’; second, we focus on their genesis, which can be independent from human intervention or dependent on human activity. (iii) On which conditions can planners (effectively) intervene (and how)? Although planning rules are only one of the many conditions that influence actions in space, they represent the only condition that can be directly altered by planners to avert or favour certain situations in complex systems. It is exactly because the city is a complex system that only certain types of rules are better suited to deal with it. This brings us to two types of rules: directional rules to directly obtain a given order of urban actions, and relational rules to indirectly foster self-coordination of urban actions. This reasoning brings to the fore regulations that are relevant for the planner to consider when dealing with a dynamic city in action.

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Constitutional Idolatry and Democracy

Challenging the Infatuation with Writtenness

Brian Christopher Jones

Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
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Brian Christopher Jones

Never before have we known so much about the limits of written constitutions, and yet, never before have these documents been asked to accomplish so much. Along with way, some have become increasingly convinced that constitutions can transform societies into the states that we desire, rather than looking to society, politics and culture as the predominant avenues of change and the places where we hold our most sacred values. This persistent over-selling of constitutional possibility has generated unrealistic expectations and false hopes not only among the political and legal establishment and the general public, but also among constitutional scholars, who perpetuate such claims. Ultimately, this chapter concludes that idolising written constitutions is a hollow endeavour that will fail to produce better democratic outcomes or help solve increasingly complicated societal problems. That constitutions are created, policed and ultimately rely on a range of human actors for success is something that future generations should recognise, and embrace. However, capturing that constitutional spirit within one fundamental written document may prove an impossible, and at times even perilous, task.

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Brian Christopher Jones

In constitutional systems the world over, finding a label that rises above the lofty heights of ‘constitutional guardian’ is difficult. Although diverse in application, this description implies that whoever attains such status also bears ultimate responsibility for the care and maintenance of the state’s most important legal and political principles. Today scholars, practitioners and even judges themselves laud judiciaries as the constitutional guardians of their respective jurisdictions. However, there are significant questions as to when this language emerged and what impact it may have on various constitutional settlements. This chapter examines the use and implications of constitutional guardian rhetoric by analysing when and where the constitutional guardian language arose and took hold, as well as why such language matters. In doing so it demonstrates that judiciaries around the world have frequently employed the idolisation of written constitutions in conjunction with notions of guardianship when attempting to expand their powers. Given its important implications for the operation of democracy, I argue that the use of this language is factional, overly paternalistic, and dissuades other state actors—especially citizens—from participating in constitutional guardianship. After all, the protection and health of a constitutional state is a collective endeavour, and is not limited to one particular person or branch—regardless of what powers they may possess.

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Tracey Bretag and Rowena Harper

Non-university higher education providers comprise 75 per cent of all higher education providers in Australia, yet there is a dearth of research about academic integrity in these institutions. Findings from a nationally funded research project on contract cheating in Australian higher education reported that non-university higher education students were 12 times more likely than university students to report use of a professional service to cheat, but somewhat paradoxically they received more academic integrity training. This chapter takes the research further and explores why non-university higher education students, often referred to as college students outside of Australia, might be particularly vulnerable to commercial contract cheating services; and makes recommendations for ensuring that college students have access to appropriate academic and social support. Given the increasingly commercialized and internationalized nature of higher education globally, and the corresponding increase in the number of students moving through different kinds of institutions as part of their learning experience, academic integrity research relating to these institutions is urgently needed.

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Alexander Rust

After the BEPS Action 3 Report, CFC legislation has experienced a revival. This chapter provides for a critical examination of Articles 7 and 8 of the ATAD that contain detailed rules on the implementation of CFC legislation. Besides providing the technical details on the application of the rules, the chapter, further, identifies the challenges that might arise from the implementation of the CFC ATAD provisions as well as potential sources of ineffectiveness. Such challenges include possible over-taxation and the lack of a mechanism to solve such double taxation cases. It also points out to the need of adapting some provisions in order to be in line with the CJEU case law. It finally suggests how the CFC rules in the ATAD will affect the location of companies within the EU.