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This paper analyses the relation between the constitution and constitutionalism. It elaborates the traditional notion of constitutionality and separate factors determining their reality and compliance with the constellation of real social relations. The paper also elaborates concepts of limited constitution, symbolic constitution and the idea of constitution behind the constitution, given the dilemmas these categories open in relation to the constitutional and judicial control of the constitutionality and which are more and more challenging for the constitutional and legal science. Often the effect of "broken mirror" especially if the aforementioned concepts are used may create a completely distorted image of actual situations. That raises the question: Is constitutional review possible without written Constitution? Is constitution invisible, that is, constitution is what the judges say is a constitution? The paper deals with the question does constitutional judges begin with its reconstruction in the process of interpretation of the "mischievous phrases" of the constitution? Does the taking away of the "traditional" constitution from the constitutional judges really jeopardize the concept of constitutionalism? Finally, it seems that the constitutional legal science rigidly adheres to the traditional notion about the constitution in the formal sense as stable, written and codified act. It can be concluded that the constitution is the core of the constitutionalism. However constitution and constitutionalism cannot be equated. The implementation and fostering of the constitutionalism in practice seems to be conditioned by a number of other factors such as political culture, constitutional history, political, social and legal certainty and economic stability. The constitution may project the idea of achieving constitutionalism, but whether it will be implemented in the real sense of the word depends finally on the state and the will of the society. Article DOI: https://dx.doi.org/10.20319/pijss.2018.42.14231433 This work is licensed under the Creative Commons Attribution-Non-commercial 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc/4.0/ or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA.

The huge amount of work accidents in Peru has not produced the implementation of policies aimed at reducing occupational accidents rates. Not only that, there is a certain passivity with informal business and persons who break the law, even when it creates risks to workers' lives. Criminal Law is the best example, because criminal rules do not apply in fact. We have a symbolic norm; that means a situation that counteracts the preventive effect of Criminal Law. In other words, the legislator has weakened non-criminal instances excluding punishment even for the most serious behaviors in which workers' lives are endangered. In this context, compliance programs play a big role in labor risk prevention and, therefore, in the reduction of criminal rates.

In response to persistent gender inequality in corporate leadership, many countries have implemented board gender diversity reforms, either through legislation or by revising governance codes for board appointments. Whereas these reforms aim to enhance women's representation and influence in leadership roles, their effects on corporate outcomes, such as innovation, remain unclear. This study develops a two-mechanism institutional contingency model to investigate how board gender diversity reforms affect firm innovation through representation and empowerment mechanisms. Using a unique hand-collected data set on worldwide board gender diversity reforms and a quasi-experimental difference-in-differences design, we find that these reforms significantly improve innovation outcomes, with the empowerment mechanism having a stronger positive effect than the representation mechanism. Additionally, we show that rule-based reforms, although they are effective at increasing female board representation, often lead to symbolic compliance and tokenism, which limits their ability to enhance innovation. In contrast, comply-or-explain reforms, which emphasize empowerment and genuine engagement, yield more meaningful progress in firm innovation. Our findings also reveal that countries with higher prereform gender disparities and a larger pool of qualified female directors experience greater innovation gains following the implementation of these reforms. By distinguishing between the effects of representation and empowerment, this study provides a nuanced understanding of how gender diversity regulations can serve as catalysts for innovation and offers valuable insights for policymakers designing reforms to promote gender equality and economic outcomes. Funding: K. T. Wang and L. Cui gratefully acknowledge financial support from the College of Business and Economics at the Australian National University, and N. Z. Zhu acknowledges financial support from the School of Management at Zhejiang University. Supplemental Material: The online appendix is available at https://doi.org/10.1287/orsc.22.16956 .

Legitimacy is essential for compliance. Agreements between the European Union and Ukraine contain a commitment to enhance labour standards. Certain audiences view this commitment as just symbolic and reflective of the low degree of legitimacy the commitment has. All this could now change following Ukraine's requested accession to the EU.

Legitimacy is essential for compliance. Agreements between the European Union and Ukraine contain a commitment to enhance labour standards. Certain audiences view this commitment as just symbolic and reflective of the low degree of legitimacy the commitment has. All this could now change following Ukraine's requested accession to the EU.

PurposeIn this paper we explore the gendered ways in which academic staff resistance and compliance is configured in a post-1992 University in England, including the emotions implicated in the navigation of neo-liberalisation and research intensification of their academic institution and its associated disciplinarian mechanisms.Design/methodology/approachWe draw on data from an interview study of a diverse sample of 32 academics of different gender, discipline and academic grade. Analysis informed by a feminist post-structuralist framework of power and discourse explored different forms of academic resistance and compliance; how the embodied academic subject was (re)negotiated within gendered discourses of neo-liberal research excellence and managerialism and the gendered emotions generated in processes of resistance and compliance.FindingsInstitutional change and expectations to engage with research performativity generated fear, anxiety and anger. Female staff appeared to actively resist the masculinized research subject performing all hours work and individualism in the context of private and institutional gendered relations and labour. Male staff though actively resisted the feminization of higher education and the neo-liberal instrumentalization of caring and therapeutic cultures and ideologically resisted the surveillance mechanisms of higher education including the REF.Research limitations/implicationsOur work contributes to scholarship problematizing the assumed neutrality of resistance and compliance and highlighting women's symbolic struggle to (dis)identify with a masculine professional norm. In terms of theorising academic resistance to neo-liberalism and identity construction, further attention should be given to the mobilization and symbolic capital of academics and emotions positioned differently due to their gender and intersecting differences.Originality/valueOur study addresses a gap in the scholarship of academic resistance and compliance by advancing the understanding of gender inequalities and emotions implicated in the process of resistance and compliance against neo-liberalism.

International audience ; Prior to the application of the EU General Data Protection Regulation (GDPR), one result of the low maximum corporate fines for violations under the preceding data protection legislation was, arguably, a lack of compliance by U.S. Tech Giants and other companies. At least on paper, this changed under the GDPR. This study approaches the issue of GDPR sanctions, not through the lens of a catastrophe waiting to happen, but instead though a development first of the theoretical grounds for sanctions, prior to a view of the practical side of them. In doing so, it is somewhat unique and adds to the GDPR literature. Furthermore, it engages the legal strategy and compliance literature to bring its results home to inform companies as to the risks involved and to provide strategic recommendations both for companies and for regulators.Among the several sub-goals of sanctions, this study determines that the most relevant for an analysis of GDPR sanctions—which are administrative, regulatory and financial sanctions, in large part—is the deterrence function, beyond the symbolic functions. This demands effective and substantial administrative fines. While these are not the only sanctions available under the GDPR—this study also sets out a range of possible sanctions, such as judicial compensation and orders to halt data processing—they are perhaps the most characteristic of data protection enforcement. However, through what is referred to as the one-stop-shop mechanism, the Irish DPA is the lead authority for most of the U.S. Tech Giants, and it has failed to act against them up to now, resulting in a potential lack of deterrence. This study argues that, on the one hand, companies should embrace compliance, and on the other hand, truly dissuasive administrative fines must be issued by supervisory authorities when they are justified, in order for the sanctions to have their necessary deterrence effect.

This essay explores the use of positive reinforcement as a regulatory strategy. It discusses both financial and symbolic incentives and their application in furtherance of regulatory compliance, and presents various illustrative examples of the use of positive incentives by regulatory authorities. It then reviews the advantages and potential shortcomings of regulatory incentives, and suggests principles by which incentive instruments can be used as part of an overall regulatory regime.

Abstract
Many Confederate monuments were erected during the Jim Crow era, sending symbolic messages of intimidation and hostility to the Black population. Yet no studies have examined the relationship between contemporary Confederate memorialization and bias crime. Drawing from research on hate crime law compliance, we posit an inverse relationship between Confederate monuments and mobilization of hate crime law, such that compliance with hate crime laws will be lower in communities with memorialization, but that among complying agencies, anti-Black hate crime rates will be higher. To examine these relationships, we combined data from the Uniform Crime Report Hate Crime Statistics and the American Community Survey with Confederate monument data from the Southern Poverty Law Center. We conducted analyses predicting a) monument presence, b) agency non-compliance, and c) anti-Black hate crime. Results indicate that monuments are located in communities exemplifying a challenge to racial hierarchies: economically advantaged communities with larger Black populations. Regarding hate crime, analyses show that (1) the American South is associated with reduced compliance, and, (2) after accounting for compliance, Confederate memorialization is associated with increased anti-Black hate crime. These findings have implications for intergroup conflict and the impact of local symbolism on the formal mobilization of hate crime law.

Ten years after the initial Climate Change Convention from Rio in 1992, the developed world is likely to ratify the Kyoto Protocol which has been celebrated as a milestone in climate protection. Standard economic theory, however, casts doubt that Kyoto will go beyond symbolic policy. In this paper we show that the final concretion of the Kyoto Protocol obeys the theoretical prediction: Kyoto more or less boils down to business-as-usual without significant compliance costs to ratifying parties.

Abstract
The most important tool or institution that the Chinese state has used since 2002 to address environmental pollution, relying on its power to force compliance by local polluters and cadres, is environmental inspection. This article proposes a Bourdieusian approach for analyzing environmental inspection by considering the symbolic power of the state and the local effects of inspections at different levels of government, which have seldom been explored in the literature. We use this approach to examine four propositions with a sample comprising ninety-nine inspections in city H. First, inspectors use both the objective and symbolic power of the state in inspections. Second, inspectors at lower levels in the bureaucratic hierarchy have less objective and symbolic power in confronting local cadres and polluters. Third, local environmental protection changes physical space (e.g., landscape), social space (e.g., relations between cadres and polluters), and mental space (e.g., environmental perceptions). Fourth, inspectors with more power produce larger spaces for environmental protection. Through using this approach, we offer insights into how the Chinese state uses inspection to mobilize local societies to address social or governance crises.

Police department policies often require women to engage in identificatory displays inconsistent with sex category expectations. Compliance, while potentially increasing acceptance within policing, may reflect a loss of agency in aesthetic choices that limits their ability to construct gender in both the professional and personal spheres. Some women may comply without experiencing negative consequences, while others may exhibit tacit or resistant compliance reflecting their loss of agency. Women's differential reactions in response to these policies may help explain how some women become the embodiment of mythic visions associated with the profession. Through greater acceptance related to this adaptation, these women may reinforce the hostile environment experienced by other women within policing thereby propagating the status quo. In‐depth interviews with female officers and background investigators illustrate the impact of one such policy, a restrictive haircut requirement for female recruits. The results reveal that women are split in their reactions to the policy; some women comply willingly and choose to become the embodiment of the symbolic vision of policing. Others struggle with compliance as the loss of agency impacts their embodied selves through silencing their bodies.

VTT Technology 293 ; Aimed at policy makers, regulators, industry managers and other stakeholders, this white paper makes explicit some key issues for regulating safety and major accident risk within industries. Based on a sociotechnical system approach, we recommend that safety regulators shall be oriented towards operational variability and the optimisation of technical-human interactions in industrial systems, including a micro-macro scale for describing system influences on accident risks and safety outcomes. In the paper, we discuss how and why current regulatory approaches to safety lack focus on the dynamics of safety within industries and the relationships between safety outcomes and systemic factors, such as regulatory culture, labour relations and evolving modes of production. For example, globalisation processes are increasing in frequency and speed across industries, shaping new operational constraints on high-risk systems. New interconnected systems following the digitalisation of information and communication technology, the liberalisation of trade and finance, deregulation and privatisation agendas are other examples of supranational processes creating new environments for high-risk companies, responsible states and civil society. The implications for major accident risk following such wide-scoped transformations are not straightforward and have to be understood in relation to their industrial contexts. In order to address changes in society, accident models and regulatory practices have to be broadened and developed beyond today's focus of monitoring compliance. This paper gives an overview of how sociotechnical system ideas have developed in association with industrial safety and maps the conceptual foundations for current regulatory methods and practices. Sociotechnical system models are also described, demonstrating different ways of representing major accident risks and safety from sociotechnical system perspectives. Safety is explained as a dynamic property of systems determined in relation to industrial contexts. Safety is situational and a property in continuous development, on the one side relying on a systems structured processes and formalised situations such as accident investigations, audits, inspection and meetings while on the other side being symbolic and related to a systems culture, power relations, trust and human emotions. Consequently, several domains of knowledge interact, and we present a framework for knowledge about safety that includes 1) engineering and technology, 2) human and organisational factors, 3) strategy and management and 4) politics and governance. The implications of such a framework for proactive approaches to regulation are discussed in the paper, focusing on possible regulatory strategies for moving forward. Our approach raises regulatory implications that connect to the potential safety benefit of increasing proactive investigations as well as strategies focusing on the strengthening of safety structures and risk awareness processes within companies. In addition, we highlight the importance of systemic issues for regulation. Among other areas, the increasing pace of developments within information technology and automation as well as the extensive organisational changes within many industries following globalisation suggests the need to improve strategies for monitoring systemic trends and finding appropriate ways to regulate safety when systems become globalised. We suggest that it may also be possible to improve industries' management of major accident risks by encouraging strategies for 1) auditing the regulatory systems, 2) supporting networks of safety and reliability professionals and 3) monitoring precursor conditions in relation to change. ; White paper tarkastelee sosioteknistä turvallisuuden arviointia historiallisista, teoreettisista ja turvallisuustutkimuksen lähtökohdista. Turvallisuuskriittisten organisaatioiden, kuten ilmailun, öljy- ja kaasuteollisuuden, kemianteollisuuden ja ydinvoimateollisuuden, onnettomuudet ovat seurausta useiden toisiinsa kytkeytyneiden systeemien - niin teknisten kuin sosiaalistenkin - keskinäisvuorovaikutuksesta. Onnettomuuksien sosiotekninen luonne edellyttää myös turvallisuuden näkemistä sosioteknisenä, jännitteisenä ja alati syntyvänä ominaisuutena. Raportissa todetaan, että sosioteknisyys on mukana onnettomuuksien hahmottamisessa, mutta sitä ei ole vielä riittävästi sisällytetty turvallisuuskriittisten organisaatioiden valvontaan. Perinteisesti teollisuuden valvonta on perustunut riskien analyysiin ja sääntöjen noudattamisen valvontaan. Sääntöjen noudattaminen ei kuitenkaan yksin riitä takaamaan turvallisuutta.Monimutkaisessa sosioteknisessä tilanteessa tarvittaisiin kykyä tarkastella turvallisuutta kokonaisvaltaisesti. Sosioteknisyyden huomioiminen valvonnassa edellyttäisi organisaation toimintaan vaikuttavan todellisuuden ymmärtämistä tarkkailemalla muutostekijöitä, kuten toimintojen ulkoistamisia ja niiden vaikutuksia turvallisuuden kannalta tärkeisiin toimintoihin.Muutostekijöihin lukeutuvat teknologiset, yhteiskunnalliset, taloudelliset ja poliittiset tekijät. Sosioteknistä ymmärrystä voivat edistää teollisuuden kokeneet, useammassa tehtävässä olleet asiantuntijat, joilla on laaja ymmärrys oman organisaationsa toiminnasta. Valvontajärjestelmän auditointiakin on ehdotettu keinoksi edistää sosioteknistä lähestymistapaa. Sosioteknisyyden sisällyttäminen valvontaan edellyttää paitsi osaamista, henkilö- ja taloudellisia resursseja myös valvojan ja valvottavan suhteen uudelleen pohdintaa. Raportti ei ole lopullinen vastaus sosioteknisyyden haasteeseen valvonnalle vaan paremminkin lähtökohta keskustelulle valvonnan sosioteknisyydestä.