Sample records for body constitution

  1. Perspective of the Human Body in Sasang Constitutional Medicine

    Junhee Lee


    Full Text Available The Sasang constitutional medicine (SCM, a medical tradition originating from Korea, is distinguished from the traditional Chinese medicine in its philosophical background, theoretical development and especially, the fundamental rationale that analyzes the structure and function of the human body within a quadrifocal scheme. In SCM, the structure of the body is comprehended within the Sasang quadrifocal scheme, and the function of the body is understood within the context of the energy-fluid metabolism and the water-food metabolism controlled by the four main organs (lung, spleen, liver and kidney. Also, the concept of Seong-Jeong is used to explain the structural and functional variations between different constitutional types that arise from the constitutional variations in organ system scheme, which are in turn caused by deviations in the constitutional Seong-Jeong. Therefore, understanding the SCM perspective of the human body is essential in order to fully appreciate the advantages of the constitutional typological system (which focuses on individual idiosyncrasies found in SCM.

  2. [Pain as an experience constituting body and identity].

    Friedrich, O; Tambornino, L


    This article focuses on the philosophical perspective of what pain actually is, how pain is defined and what functions pain has. It is unclear, for example, whether pain generally correlates with physical harm, if it is categorically unpleasant, if it can be objectified and how observable neuronal processes correlate with different experiences of pain. Particular attention is paid to investigations concerning neuro-imaging, as well as phenomenological and psychoanalytical considerations. The different functions of pain are presented, especially regarding the extent to which pain represents an experience that constitutes both the body and the identity. Some functions of pain discussed here are: defense and indicator, immediate bodily sensation, perceptibility of the body, self-reassurance of existence, congregating and materializing, psychological regulatory mechanism and communication. PMID:27351758

  3. Association between Albuminuria and Different Body Constitution in Type 2 Diabetes Patients: Taichung Diabetic Body Constitution Study

    Cheng-Hung Lee


    Full Text Available Objective. Albuminuria in type 2 diabetes mellitus (T2DM patients increases the risk of diabetic nephropathy, the leading cause of end-stage renal disease worldwide. Because albuminuria is modifiable, identifying relevant risk factors could facilitate prevention and/or management. This cross-sectional study investigated whether body constitution (BC independently predicts albuminuria. Method. Patients with T2DM (n=846 received urinalysis, a blood test, and diabetic retinopathy examination. Albuminuria was defined by an elevated urinary albumin/creatinine ratio (≥30 μg/mg. BC type (Yang deficiency, Yin deficiency, and Phlegm stasis was assessed using a body constitution questionnaire (BCQ. Traditional risk factors for albuminuria were also recorded. Odds ratios (ORs of albuminuria for BC were estimated using multivariate logistic regression. Results. Albuminuria was more prevalent in patients with Yang deficiency or Phlegm stasis (both P<0.01. After adjustment, patients with both Yang deficiency and Phlegm stasis exhibited a significantly higher risk of albuminuria (OR = 3.037; 95% confidence interval = 1.572–5.867, and P<0.001. Conclusion. BC is strongly associated with albuminuria in T2DM patients. Using a BCQ to assess BC is noninvasive, convenient, and inexpensive and can provide information for health care professionals to identify T2DM patients who are at a high risk of albuminuria.

  4. Neighbourhood effects on body constitution-A case study of Hong Kong.

    Low, Chien Tat; Lai, Poh Chin; Li, Han Dong; Ho, Wai Kit; Wong, Paulina; Chen, Si; Wong, Wing Cheung


    Traditional Chinese Medicine (TCM) has long perceived environment as an integral part of the development of body constitution, which is a personal state of health closely related to disease presence. Despite of the ever-growing studies on the clinical effectiveness of TCM and the scientific linking between body constitution and diseases, the geographical influence on body constitution has yet remained an unexplored territory. This study sought to investigate whether the neighbourhood environment is relevant to the composition of body type of a population through statistical multilevel and Geographic Information Systems modelling. The analysis comprised 3277 participants who had completed their body type assessment between 2009 and 2012 inclusive. The multilevel analysis also took simultaneous accounts of both individual-level (gender, age, BMI, type of housing) and area-level (percent greenery, percent road surface, total road intersection, sky view factor, temperature, relative humidity, rainfall and social deprivation index) characteristics to explain geographical variation by body types. Significant random or place effects (p constitution involved the dynamic interplay between individual and environmental factors. The findings amassed the first scientific indications to back the common belief that place does play a role in the development of body constitution and is worthy of further investigation. By considering spatial and personal attributes simultaneously, the study can yield valuable insights into the patterning of area variation in body constitution and disease presence. PMID:27111436

  5. Repeatability of pulse diagnosis and body constitution diagnosis in traditional Indian Ayurveda medicine

    Kurande, Vrinda; Waagepetersen, Rasmus; Toft, Egon;


    In Ayurveda, pulse and body constitution diagnosis have a long historical use; still there is lack of quantitative measure on e.g. reliability of this diagnostic method. Reliability means consistency of information. Consistent diagnosis leads to consistent treatment and is important for clinical...... practice, education and research. The objective of this study is to study the methodology to evaluate the test-retest reliability (repeatability) of pulse and body constitution diagnosis. A double-blinded, controlled, clinical trial was conducted in Copenhagen. The same doctor, expert in Ayurvedic pulse...

  6. A constitutive model for micro-cracked bodies with growing inclusions

    Bongué Boma, Malika; Alaoui, Amina


    A model of micro-cracked bodies having rigid inclusions growing in their pores is proposed, based on the theories of generalized continua. We first use the balance equations of an existing model of micro-cracked bodies, and we then perform a multiscale description in order to determine constitutive laws that account for the growth of the inclusions. We call macroscopic, the description in which the material is considered as a continuum with microstructure, whereas we refer to microscopic scale when one crack is observed at a closer view. We finally use equivalences between both descriptions in order to write the constitutive laws in terms of variables that are characteristic of (i) the geometry of the crack field and (ii) the growth of the inclusions. Such an approach can find, for instance, application in the modeling of expansion due to delayed ettringite formation: we perform numerical simulations using mechanical and geometrical parameters that are characteristic of high strength sulfoaluminate concrete.

  7. Individual variability in the core interthreshold zone as related to body physique, somatotype, and physical constitution.

    Kakitsuba, Naoshi; Mekjavic, Igor B; Katsuura, Tetsuo


    For evaluating the effect of body physique, somatotype, and physical constitution on individual variability in the core interthreshold zone (CIZ), data from 22 healthy young Japanese male subjects were examined. The experiment was carried out in a climatic chamber in which air temperature was maintained at 20-24 degrees C. The subjects' body physique and the maximum work load were measured. Somatotype was predicted from the Heath-Carter Somatotype method. In addition, factors reflecting physical constitution, for example, susceptibility to heat and cold, and quality of sleep were obtained by questionnaire. The subjects wore a water-perfused suit which was perfused with water at a temperature of 25 degrees C and at a rate of 600 cc/min, and exercised on an ergometer at 50% of their maximum work rate for 10-15 min until their sweating rate increased. They then remained continuously seated without exercise until shivering increased. Rectal temperature (T(re)) and skin temperatures at four sites were monitored by thermistors, and sweating rate was measured at the forehead with a sweat rate monitor. Oxygen uptake was monitored with a gas analyzer. The results showed individual variability in the CIZ. According to the reciprocal cross-inhibition (RCI) theory, thermoafferent information from peripheral and core sensors is activated by T(re), mean skin temperature (T(sk)), and their changes. Since T(sk) was relatively unchanged, the data were selected to eliminate the influence of the core cooling rate on the sensor-to-effector pathway before RCI, and the relationship between the CIZ and the various factors was then analyzed. The results revealed that susceptibility to heat showed a good correlation with the CIZ, indicating that individual awareness of heat may change the CIZ due to thermoregulatory behavior. PMID:20009375

  8. Evaluation Of Low Level Laser Therapy On Body Constitution And Leptin Hormone By Radioimmunoassay

    Asymmetric fat distribution with excessive fat accumulation in particular areas often affects a person's self-image, self esteem, and overall quality of life. Purpose of the study: to investigate the efficacy of the low level laser therapy (LLLT) on body constitution and leptin hormone by radioimmunoassay. Methods: Twenty women were included in this study. Their ages ranged from 30- 40 years. They were divided into two groups of equal number. Procedures: -Group A (Overweight group): included 10 women with BMI ≥ 25- 29.9-Group B (Obese group): included 10 women with BMI ≥ 30.both groups received LLLT, for 30 minutes, 2 times per week for 8 weeks as a total period of treatment. BMI, WC, HC, WHR, serum Leptin, cholesterol and triglyceride level were measured before and after finishing the study. Results: There was significant improvement in anthropometric measurements( on both abdomen and thigh fats) of both groups treated with low level laser therapy, decrease in serum leptin level in over weight group and increase in triglyceride serum level in both groups within normal level Conclusion: low level laser therapy is effective as a noninvasive and safe method of body contouring .

  9. 证与病、体质关系的探讨%Discussion on Syndrome, Disease and Body Constitution

    陈峰; 邓正明


    中医学中的“证”包含着对疾病、药物及体质等多方面相互作用的认识,关于病及体质失衡的知识是构成证的两大基本内容;现代医学是一种暗含所有人体质都相同的简化理论,在现代对疾病认识的基础上,从疾病与体质相互作用角度来研究人体与疾病,可以获得更全面的认识,从而弥补现代疾病理论的不足,是现代疾病理论的发展方向.%Traditional Chinese Medicine "Syndrome" is an interactive cognition about disease, medicine and body constitution. It is the basic content of "Syndrome" about disease and disequilibrium of body constitution. Modern medicine is a reducing theory that supposes body constitution of all peoples are identical. On the basis of modern medicine, we can explore disease from the interaction of disease and body constitution and get the more knowledge. It is the direction of development of theory of modern diseases.

  10. Asking the "Right" Questions: The Constitution of School Governing Bodies as Apolitical

    Young, Helen


    School governing bodies in England have considerable powers and responsibilities with regard to the education of pupils. This paper draws on an analysis of policy and on qualitative research in the governing bodies of four maintained schools. It explores two policy technologies through which education and the work of school governing bodies are…


    Zhang Wei(张卫); Nobuyuki Shimizu


    This paper presents finite element (FE) fornulation of the viscoelastic materials described by fractional constitutive law. The time-domain threedimensional constitutive equation is constructed. The FE equations are set up by treating the fractional operator as a special case of the hereditary integration. The equations are solved by numerical integration method. The numerical algorithm de veloped by the authors for Liouville-Riemann's fractional derivative was adopted to formulate FE procedures and extended to solve the more general case of the hereditary integration. The numerical examples were given to show the correctness and effectiveness of the integration algorithm.

  12. Frail bodies: geriatric medicine and the constitution of the fourth age.

    Pickard, Susan


    Clinical discourses of frailty are central both to the construction of the social category of the fourth age and to the role and identity of hospital geriatric medicine. However, the influence of such clinical discourses is not just from science to the social sphere and nor do these discourses have their source in a putative truth of the old body but emerge from an interplay between physiological facts, discourses of governmentality, productive processes associated with late modern capitalism and the professional ambitions of geriatric medicine. The article explores this interplay in the two key discourses of frailty that have emerged in the clinical literature during the past 15 years, that of the phenotype and the accumulation of deficits, respectively. Outlining the development of the discourse of senescence from its origins to the more recent emergence of a nosological category of frailty the article explores how these key discourses capture the older body according to particular sets of norms. These norms link physiological understanding with broader discourses of governmentality, including the professional project of geriatric medicine. In particular, metaphorical representations in the discourses of frailty convey key cultural and clinical assumptions concerning both older bodies and old age more generally. PMID:25650444

  13. Need of integrated dietary therapy for persons with diabetes mellitus and “unhealthy” body constitution presentations

    Yee Chi Peggy Wong


    From a perspective of Chinese medicine (CM), persons with unregulated “unhealthy” body constitution (BC) wil further develop chronic diseases, such as diabetes melitus (DM). Conventional dietary therapy with nutrition component has its limitations in the regulation of “unhealthy” BC. However, empirical evidence supports that “unhealthy” BC can be regulated with food natures and fl avors from a perspective of CM. Presentations of “unhealthy” BC types, such as Yin-defi ciency, Yang-defi ciency and Yin-Yang-defi ciency were found in persons with DM. It would be necessary to regulate the “unhealthy” BC presentations with integration of conventional dietary therapy and Chinese food therapy. The ultimate goal is to either stabilize glycaemic control or prevent the development of other chronic diseases leading to reduction of disease burden, such as disease-related poor quality of life, stress of healthcare professionals and the rising of healthcare cost.

  14. Neuropeptide Y and α-MSH circadian levels in two populations with low body weight: anorexia nervosa and constitutional thinness.

    Bogdan Galusca

    Full Text Available Anorexia nervosa (AN presents an adaptive appetite regulating profile including high levels of ghrelin and 26RFa (orexigenic and low levels of leptin and PYY (anorexigenic. However, this adaptive mechanism is not effective in promoting food intake. The NPY/proopiomelanocortin (POMC system plays a crucial role in the regulation of feeding behavior as NPY is the most potent orexigenic neuropeptide identified so far and as the POMC-derived peptide α-MSH drastically reduces food intake, and this peptidergic system has not been thoroughly studied in AN.The aim of the present study was thus to investigate whether a dysfunction of the NPY/POMC occurs in two populations with low body weight, AN and constitutional thinness (CT.This was a cross-sectional study performed in an endocrinological unit and in an academic laboratory.Three groups of age-matched young women were studied: 23 with AN (AN, 22 CT and 14 normal weight controls.Twelve-point circadian profiles of plasma NPY and α-MSH levels were measured in the three groups of investigated subjects.No significant circadian variation of NPY was detected between the three groups. Plasma α-MSH levels were significantly lower in AN (vs controls all over the day. The CT group, compared to controls, presented lower levels of α-MSH in the morning and the evening, and an important rise during lunchtime.In AN patients, the NPY system is not up-regulated under chronic undernutrition suggesting that this may play a role in the inability of anorectic women to adapt food intake to their energy demand. In contrast, low circadian α-MSH levels integrate the adaptive profile of appetite regulation of this disease. Finally, in CT women, the important α-MSH peak detected during lunchtime could explain why these patients are rapidly food satisfied.

  15. Rethink of body constitution of colleges and umiversities students%对大学生身体素质问题的再认识



    身体素质和健身素质两者之间在锻炼目的、内容和方法等方面都有很大的区别。大学生的身体素质应主要体现在健身素质方面,以发展有氧代谢能力,增强心脑血管系统机能为主线,尽快扭转大学生健身素质普遍下降的趋势。%The author considers that body constitution contains two meaning,one is the kind of sports,it strengthens sports'ability for sportsman;the other is the kind of health, its goal is health for people. there is big difference in meaning between the two words. the body constitution of colleges and universities students ought to embody health, and develop aerobic metabolism ability. colleges and universities ought to improve body constitution of health to colleges and universties students.

  16. Constitutive expression of cytochrome P450 in foetal and adult porcine livers-Effects of body weight.

    Rasmussen, Martin Krøyer; Theil, Peter Kappel; Oksbjerg, Niels


    The liver hosts a great number of enzymatically driven processes, including detoxification. The super-family of enzymes named cytochrome P450 (CYP) is the major participant in that process. The expression of CYPs is affected by several factors including life-stage (foetal vs. adult). In the present study we investigated the impact of birth-weight (high or low birth weight) and life-stage on constitutive expression of porcine hepatic CYP1A1, CYP1A2, CYP2A19, CYP2B22, CYP2C33, CYP2D25, CYP2E1 and CYP3A29, as well as the transcription factors controlling their expression; aryl hydrocarbon receptor, constitutive androstane receptor, pregnane X receptor, C/EBP and hepatocyte nuclear factors 1 and 4. Both RT-PCR and western blotting showed a marked increase in the expression of the adult pigs compared with prenatal pigs. Moreover, CYP2E1 mRNA expression was 7.5 fold higher in foetuses with low birth weight compared with foetuses with high birth weight. Gender did not affect the mRNA expression within the different life-stages. These results indicate a similarity to what is observed in humans and porcine foetuses may therefore be a model for humans when studying expression of CYPs. PMID:27320961

  17. Constitutional Constraints

    Fallon, Richard Henry


    The main ambition of "Constitutional Constraints" is to open up the subject of constitutional constraints on government officials, including Presidents and Supreme Court Justices, as a topic for discussion within the field of Constitutional Theory. The subject has so far received little comprehensive discussion in the law reviews, in part because of a division between scholarly approaches that treat constitutional law as a system of norms and political scientific theories that portray judges ...


    Patel Kavita


    Full Text Available This study was planned to assess the effect of exercise in obese type-2 diabetics on anthroprometric and metabolic parameters with respect to prakriti. For the purpose of study, 30 Obese Type Diabetes Mellitus subjects were enrolled (30-55 years of both sex. BMI, Blood sugar level, serum insulin level, HOMA-IR, HOMA-% S and HOMA-% B were done to assess the effect of exercise. Significant decrease in BMI, weight and PPBS was observed in both kapha and pitta prakriti group individuals. Statistically significant change in terms of decrease in FBS, serum insulin level, HOMA-IR and increase in HOMA-%S was seen in kapha prakriti group individuals whereas as per prakriti, no change was seen in HOMA-%B. Aerobic exercise has shown immense impact on anthroprometric and metabolic parameters on OTDM patients with relation to specific body constitution (prakriti.

  19. Constitutional Hardball

    Tushnet, Mark V.


    This Essay develops the idea that there is a practice called constitutional hardball. The practice has three characteristics: it involves arguments and behavior by political actors (including judges, although their role is less interesting than that of other political actors) that are defensible - though sometimes only barely so - by standard constitutional doctrine; it is inconsistent with settled pre-constitutional understandings; and it involves extremely high stakes (control over the nati...

  20. 青年男性中医体质分类与生殖健康的相关性研究%The correlation study on TCM body constitution classification and the reproductive system diseases in young man

    吉保民; 胡海翔; 罗少波


    目的 研究青年男性中医体质辨证分类与生殖健康的相关性。方法 对749例调查对象通过填写“男性体质调查表”,结合查体进行体质辨证,以期了解男性体质类型的构成及其与生殖健康的关系。结果 接受调查者年龄在18~35岁。包皮过长者中,气郁质、瘀血质明显多于平和质(P<0.01);前列腺炎患者中,湿热质、气郁质明显多于平和质(P<0.01);精索静脉曲张患者中,气虚质、瘀血质多于平和质(P<0.01);包茎患者中,阳虚质明显多于平和质(P<0.01);早泄患者中,气虚质、阴虚质、特禀质明显多于平和质(P<0.01);勃起功能障碍患者中,阴虚质、特禀质明显多于平和质(P<0.01);不育症患者中,阳虚质、阴虚质、瘀血质明显多于平和质(P<0.01)。结论 青年男性中医体质辨证类型与生殖系统健康状况有一定相关性。%Objective To study the correlation between the body constitution classifications of traditional Chinese medicine (TCM)and the reproductive system diseases in young man. Methods All 749 objects took physical examination about the reproductive system diseases, filled in the questionnaire of male body constitution, and differentiated TCM classifications of body constitution. Results The incidence rate of redundant prepuce of depressed vital energy constitution and stagnant blood constitution was obviously higher than balance constitution (P<0.01) , the incidence rate of prostatitis of dampness-heat constitution and depressed vital energy constitution was obviously higher than balance constitution (P<0.01), the incidence rate of varicocele of Qi asthonia constitution and stagnant blood constitution was obviously higher than balance constitution(P<0.01), the incidence rate of phimosis of Yang deficiency constitution was obviously higher than balance constitution (P<0.01) , the incidence rote of prospermia of Qi asthenia constitution

  1. Multivariate analysis of lifestyle, constitutive and body composition factors influencing bone health in community-dwelling older adults from Madeira, Portugal.

    Gouveia, Élvio Rúbio; Blimkie, Cameron Joseph; Maia, José António; Lopes, Carla; Gouveia, Bruna Raquel; Freitas, Duarte Luís


    This study describes the association between habitual physical activity (PA), other lifestyle/constitutive factors, body composition, and bone health/strength in a large sample of older adults from Madeira, Portugal. This cross-sectional study included 401 males and 401 females aged 60-79 years old. Femoral strength index (FSI) and bone mineral density (BMD) of the whole body, lumbar spine (LS), femoral neck (FN), and total lean tissue mass (TLTM) and total fat mass (TFM) were determined by dual-energy X-ray absorptiometry-DXA. PA was assessed during face-to-face interviews using the Baecke questionnaire and for a sub-sample by Tritrac accelerometer. Demographic and health history information were obtained by telephone interview through questionnaire. The relationship between habitual PA variables and bone health/strength indicators (whole body BMD, FNBMD, LSBMD, and FSI) investigated using Pearson product-moment correlation coefficient was similar for females (0.098≤r≤0.189) and males (0.104≤r≤0.105). Results from standard multiple regression analysis indicated that the primary and most significant predictors for FNBMD in both sexes were age, TLTM, and TFM. For LSBMD, the most significant predictor was TFM in men and TFM, age, and TLTM in females. Our regression model explained 8.3-14.2% and 14.8-29.6% of the total variance in LSBMD and FNBMD for males and females, respectively. This study suggests that habitual PA is minimally but positively associated with BMD and FSI among older adult males and females and that body composition factors like TLTM and TFM are the strongest determinants of BMD and FSI in this population. PMID:24704345

  2. Constitutional economics

    Ludwig Van den Hauwe


    This article summarizes the main points discussed at the seminar ?Constitutional Economics: Cinderella in the Czech Economic Community? held by the Czech Economic Association in February 2000. The main speaker at the seminar was Prof. Karel Kouba (Faculty of Social Sciences, Charles University, Prague), who characterized constitutional economics as a still relatively new and promising research program. The ensuing discussion concerned several topics, including the relationship between public ...

  3. Constitutional Conservatism

    Berkowitz, Peter


    After their dismal performance in election 2008, conservatives are taking stock. As they examine the causes that have driven them into the political wilderness and as they explore paths out, they should also take heart. After all, election 2008 shows that America's constitutional order is working as designed. Indeed, while sorting out their errors…

  4. Constitutive Models

    Sales-Cruz, Mauricio; Piccolo, Chiara; Heitzig, Martina;


    This chapter presents various types of constitutive models and their applications. There are 3 aspects dealt with in this chapter, namely: creation and solution of property models, the application of parameter estimation and finally application examples of constitutive models. A systematic...... procedure is introduced for the analysis and solution of property models. Models that capture and represent the temperature dependent behaviour of physical properties are introduced, as well as equation of state models (EOS) such as the SRK EOS. Modelling of liquid phase activity coefficients are also...... covered, illustrating several models such as the Wilson equation and NRTL equation, along with their solution strategies. A section shows how to use experimental data to regress the property model parameters using a least squares approach. A full model analysis is applied in each example that discusses...

  5. 中医阳虚型体质现代研究概述%A review of modern studies of body constitution deficient of Yang energy in terms of traditional Chinese medicine

    许瑞旭; 窦思东


    体质现象是人体生命活动中的重要表现形式之一,与健康和疾病密切相关,阳虚体质为临床常见的偏颇体质类型。文章就近年来中医阳虚型体质的研究进行总结和归纳,旨在为本领域的研究提供文献参考和思路。%The phenomenon of body constitution is an important form of human life activities.It is closely related to health and disease.The constitution deficient of Yang energy is a common type of abnormal constitution.The paper presents a review of the studies on the constitution deficient of Yang energy in recent years.It attempts to provide theoretical framework for future research work in the field.

  6. Current Situation and Assessment of the Clinical Study on the Chinese Medicine Body Constitution of Diabetes%糖尿病中医体质的临床研究现状与评价

    李军; 金艳蓉; 曹芸; 李雷


    文章对近年来发表的糖尿病中医体质临床研究文献,进行了全面的总结及循证医学的分析与评价.相关的研究显示:糖尿病患者的中医体质多以气虚质、阴虚质及痰湿质为主;不同体质类型之间,其血脂水平、血凝指标、体质指数和年龄可能存在差异;在伴有微血管并发症的糖尿病患者中,其主要体质为气虚质、痰湿质、血瘀质和阳虚质;中医体质干预对血糖、糖化血红蛋白、血脂、血压及体重有一定的效果.由于这些研究在研究设计、统计.方法 学的选择和样本的来源方面都存在缺陷,所以其证据强度不够高.因此,需要更多的设计严谨的临床研究,来明确中医体质在糖尿病防治中的作用.%The overall summarization and the analysis and assessment of the evidence-based medicine were conducted in the paper on the literatures of the clinical study of Chinese medicine body constitution of diabetes. The relevant researches indicated; the common Chinese medicine body constitutions of diabetes patients were qi deficiency,yin deficiency and phlegm damp. Among the different body constitutions,the potential differences happened in blood lipid,clotting index,body mass index and age. For the patients with mi-crovascular complications,the main body constitutions were qi deficiency,phlegm damp,blood stagnation and yang deficiency. The intervention of Chinese medicine body constitution has achieved a certain effect on blood glucose,glycosylated hemoglobin, blood lipid, blood pressure and body weight. Because of the limitations on the research design, statistical methodology and source of sample in these researches, the evidences were not strong enough. Hence,the clinical researches of more precise designs arc; required to determine the role of Chinese medicine body constitution in the prevention and treatment of diabetes.

  7. Study of the relation between Body Constitution and incidence tendency of depression or anxiety%体质与抑郁、焦虑发病倾向关系的调查研究

    邓红月; 陈玉玲


    目的 探讨体质与抑郁、焦虑发病倾向的关系.方法 采用问卷方式对社区居民进行调查.结果 偏颇体质的抑郁、焦虑发病倾向高于平和体质的;气虚、湿热、气郁体质易有抑郁发病倾向,气虚、阳虚、湿热、气郁、特禀体质易有焦虑发病倾向.结论 不同体质的抑郁、焦虑发病倾向差异有统计学意义.在抑郁、焦虑的预防中可以针对体质因素进行干预.%Objective To discuss the relation between Body Constitution and incidence tendency of depres sion or anxiety. Methods The community residents were investigated with questionnaire. Results The incidence tendency of depression and anxiety with Biased Constitution was larger than with Peace. The Qi-asthenia, Damp-heat, Qi-stagnation constitutions had high tendency of depression. The Qi-asthenia, Yang-asthenia, Damp-heat, Qi-stagna tion and allergic constitutions had high tendency of anxiety. Conclusion Different constitution has distinct difference of incidence tendency, which can be used in preventing depression and anxiety.

  8. What Is a Constitution?

    OAH Magazine of History, 1988


    Provides a lesson plan designed to help students better understand the concept of a constitution, distinguish constitutional law from statutory law, and recognize examples of constitutional government. (BSR)

  9. Sampling survey on body constitution of 499 scientific researchers and officers in Handan%邯郸市科研人员和机关干部499名体质状况的抽样调查

    于岚; 王学满


    BACKGROUND: Officers and intellectuals are bearing heavy government affairs and tasks of teaching and scientific research. It is practically important to acknowledge and master their body constitution, which can help to instruct them to scientifically build their bodies.OBJECTIVE: To investigate the body function and shape as well as body constitution of scientific researchers and officers in Handan, and analyze the existing problems and bring out the settlement.DESIGN: Cross-sectional study.SETTING: Hebei Provincial Committee Party School.PARTICIPANTS: A total of 499 subjects, aged 20-59 years, including238 males and 261 females were selected from government officers, university teachers and scientific researchers of institute and aeademy by using stratified and cluster random sampling. Subjects aged 20-39 were divided into adult group A (50.5%), and those with the age ranged 40-59 were taken as adult group B (49.5%).METHODS: All subjects fulfilled the questionnaire (including whether they had hospitalized history, and the smoking condition, exercise condition, reasons why did not participate in the sports, sports items that patients took part in, the place they conducted athletic activities, time of each exercise and exercise times per week etc.) and were measured of the body constitution.MAIN OUTCOME MEASURES: ①Indexes of body function and shape,including body height, body mass, chest circumference, waistline, hip circumference and skinfold at all parts of body as well as the pulse in quiet state, systolic blood pressure (SBP), diastolic blood pressure (DBP) and lung capacity etc. ②Indexes of body constitution, including grasp force,bend-ahead in sitting, stand up on one leg with eyes closed, choice reaction time simple reaction time, back strength, 10 m×4 shuttle run, and pushup (male)/sit-up (female) etc. The results of test were scaled according to the Report of Monitoring of Chinese Adult Constitution, edited by the State Physical Cultural

  10. Economic Analysis of Constitutions

    Roger B. Myerson


    This paper is a preliminary draft of an article to appear in Chicago Law Review (2000), as part of a symposium reviewing two new books on economic analysis of constitutions: Dennis Mueller's Constitutional Democracy and Robert Cooter's Strategic Constitution. Some of the basic questions of constitutional analysis are introduced, and the importance of work in this area is shown as one of the major new developments in social theory. The methods of economic theory are then shown to be particular...

  11. Conventional Constitutional Law


    Judges share conventional understandings about what the Constitution requires, both of themselves and of other constitutional actors. These informal conventions lead to formal decisions, which are then centrally enforced by the state in the same manner as all other judicial decisions. This recognition of conventional constitutional law has three critical implications for our understanding, critique and reform of constitutional law. First, it is unlikely that judges will refer e...

  12. Utilizing constitutional values in constitutional comparison

    F Venter


    Full Text Available We are living in an era in which constitutional law has become a comparative science. A cogent, generally accepted methodology for constitutional comparison, however does not exist. There can, it is therefore submitted, be no such thing as a universal, monolithic science or discipline of comparative law, be it in the field of private or of public law. On the other hand, juridical comparison done unscientifically will not yield the fruits of useful knowledge.The law in general is replete with unspecific notions such as justice, reasonableness, public interest, boni mores, and many others. It should therefore not be disturbing to find that values are often foundational to the operation and application of constitutional law. The values underpinning different constitutional systems may be useful as a tertium comparationis in a comparative exercise. This however requires a penetrating consideration of the foundations of the systems being compared.In this contribution "a small comparative exercise" is undertaken by way of demonstration of the method. The South African constitutional provisions relating to equality and affirmative action are set against the background of the relevant norms and practices in the United States of America and Canada. This produces some useful insights:• in the USA equality increasingly underpins a strict proscription of discrimination, thus shrinking the scope for justifiable affirmative action programmes;• the South African law relating to discrimination and upliftment of the disadvantaged was clearly influenced by, and is therefore better understood against the background of, the equivalent arrangements in Canada, which was in its turn possibly conceived against the backdrop of early developments in this regard in the USA;• the Canadian doctrine and law of the constitution deals with affirmative action as an exception to the prohibition of discrimination and does not favour private affirmative action programmes

  13. Kenya's New Constitution

    Kramon, Eric; Posner, Daniel N


    On 4 August 2010, Kenyans voted to adopt a new constitution, culminating a process that began as part of a resolution to the violent conflict that followed the December 2007 elections. By reducing executive power, devolving authority, and guaranteeing rights to women, minorities, and marginalized communities, the constitution has the potential to transform Kenyan politics. Political and logistical obstacles will, however, pose a challenge to implementation. Yet that the constitution has been ...

  14. The Constitution by Cell

    Greenhut, Stephanie; Jones, Megan


    On their visit to the National Archives Experience in Washington, D.C., students in Jenni Ashley and Gay Brock's U.S. history classes at the Potomac School in McLean, Virginia, participated in a pilot program called "The Constitution by Cell." Armed with their cell phones, a basic understanding of the Constitution, and a willingness to participate…

  15. Interpreting the Constitution.

    Brennan, William J., Jr.


    Discusses constitutional interpretations relating to capital punishment and protection of human dignity. Points out the document's effectiveness in creating a new society by adapting its principles to current problems and needs. Considers two views of the Constitution that lead to controversy over the legitimacy of judicial decisions. (PS)

  16. Constitutional and Anatomical Characteristics of Mature Women

    Vladimir NNikolenko; DmitryBNikityuk; SvetlanaVKlochkova; AnastasiaABahmet


    Objective To identify the constitutional and anatomical peculiarities of constitution of women of mature age.Methods There was completed comprehensive anthropometric and bio-electrical survey of 651 mature women ( relative norm) living in the Moscow region .Results The quantitative distribution of women by somatotypological affiliation was revealed;anthropometric and body component composition in representatives of different somatotypes were defined .Conclusion Thus, the performed study revealed and quantiely character-ised the distribution of women according to their constitutional types in the studied population of mature age women living in Moscow region under the relative norm conditions .


    Gabriela NEMTOI


    The study concerning the laws’ constitutionality represents the reason of constitutional warranty on judicial standards, which governs a democratic state. The supremacy of constitution is only a principle, which has to be doubled by establishing a mechanism creating consistency to it. In order to assure the supremacy of constitution, the doctrine and constitutional practice have created efficient judicial institutions, the control of laws’ constitutionality by the competency of Constitutional...

  18. 2009~2013年大学生体质状况动态分析--基于某高职院校体质测试%A dynamic analysis of the situation of college students body constitution from 2009~2013--based on higher vocational school body test



    Aim:analyze and evaluate the situation and develop tendency of college students body constitution from 2009~2013 to provide basis for our school sports and teaching, promote to take effective interventions.Method:carry The national student physical health standard for grade1 and grade2 students in one school and then make a statistics.Result:Overall the quality level and body function has a steadily improvement; students in grade 1 are better than in grade2;girls are better than boys.%目的:分析与评价2009~2013年大学生体质健康状况与发展趋势,为学校体育卫生宏观决策和教育研究提供依据,促进采取有效干预措施。方法:以某高职院校大一、大二全体学生为测试对象,实施《国家学生体质健康标准》测试,对各项测试指标进行基本统计描述。结果:总体上看,学生身体机能、素质水平稳步提高;大一学生成绩好于大二学生成绩;女生成绩好于男生成绩。

  19. The constitutive sofa cushion

    Hanghøj, Sara


      Full Paper presented by Sara Hanghøj 24.9.2008 at the International Conference "Crafticulation &Education"  University of Helsinki 23.-26.  September 2008 Session: Gendered Textiles     THE CONSTITUTIVE SOFA CUSHION - MATERIALIZATION ANALYSED FROM A CULTURAL PERSPECTIVE   Abstract How can...... personal values materialize through a hand-made everyday artefact, and how can the artefact constitute action and self-perception? The empirical research and analysis concerns how a former textile crafts teacher's subjective values and professional identity materialize through a hand-woven sofa cushion...... female handcraft-teachers, was generated and constituted with the sofa cushion as one of many actors.      ...

  20. Transnational Governance and Constitutionalism

    Joerges, Christian; Sand, Inger-Johanne; Teubner, Gunther

    challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of......The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are...... democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international...


    Alexandre Jamal Batista


    Full Text Available At the current stage of our State of Law there is no way to separate the study of the civil procedural law from the Federal Constitution, especially the jurisdiction, because it is in the Constitution that there are the legitimizing foundations of the jurisdiction institute. In this article, we carry on about the constitutional foundations of jurisdiction, such as: the principle of natural justice, principle of access to justice, principle of impartiality, principle of publicity, principle of motivation and principle of submission to res judicata. The conclusion is, after all, that jurisdiction, as one of the bulwarks of the citizen, finds in the “Citizen Constitution” of 1988 its foundations and decisive bases.

  2. The legal status of the Constitutional Court of Romania



    The jurisdictional control of constitutionality can also be exercised by a specialized body, which is particularly established for this purpose (generally called court, council or constitutional tribunal) and, within a more general context, is called constitutional jurisdiction. Ever since their emergence, the legal status of the special constitutional jurisdictions has given rise to debates, even controversies, which have been promoted until present, for more than 70 years from the establish...

  3. The Constitution of Partnering

    Gottlieb, Stefan Christoffer

    The constitution of partnering. Afhandlingen behandler konstitueringen af ledelseskonceptet partnering og dets anvendelse i dansk byggeri. Partnering er et udbredt koncept i byggeriet som betoner samarbejde, tillid og gensidighed mellem de deltagende parter, og konceptet har de senere år har været...

  4. Disputing the Constitution.

    Pyle, Christopher H.


    Constitutional law is a good way to introduce students to fundamental debates over means and ends, over what means work and at what costs, and over what ends are not merely desirable, but may be legitimately achieved even through the application of collective force. It also offers an exciting way to teach logic. (MLW)

  5. Constitutional Law--Elective.

    Gallagher, Joan; Wood, Robert J.

    The elective unit on Constitutional Law is intended for 11th and 12th grade students. The unit is designed around major course goals which are to develop those concepts whereby students recognize and understand the following three topic areas: 1) Role of the Federal Judicial Branch of Government, 2) Supreme Court Cases Involving the Three Branches…

  6. Constituting children's bodily integrity.

    Hill, B Jessie


    Children have a constitutional right to bodily integrity. Courts do not hesitate to vindicate that right when children are abused by state actors. Moreover, in at least some cases, a child's right to bodily integrity applies within the family, giving the child the right to avoid unwanted physical intrusions regardless of the parents' wishes. Nonetheless, the scope of this right vis-à-vis the parents is unclear; the extent to which it applies beyond the narrow context of abortion and contraception has been almost entirely unexplored and untheorized. This Article is the first in the legal literature to analyze the constitutional right of minors to bodily integrity within the family by spanning traditionally disparate doctrinal categories such as abortion rights; corporal punishment; medical decisionmaking; and nontherapeutic physical interventions such as tattooing, piercing, and circumcision. However, the constitutional right of minors to bodily integrity raises complex philosophical questions concerning the proper relationship between family and state, as well as difficult doctrinal and theoretical issues concerning the ever-murky idea of state action. This Article canvasses those issues with the ultimate goal of delineating a constitutional right of bodily security and autonomy for children. PMID:26016017

  7. The Constitution Debate

    Heinrich Schneider


    Full Text Available The paper deals with certain questions and problems of the constitutionalization of the European Union which did not receive very much attention from the ‘Convention on the Future of Europe’ and from the observers of that Convention’s work, but which, nevertheless, may be relevant whenever the results of the Convention’s work are assessed and evaluated. The paper mainly deals with ‘background’ problems associated with traditions of political thought in general and with basic understandings of European integration in particular. The paper also expounds on how the more recent constitution discussion, initiated due to the founding of the European Union, manifests continuities with the debates that have taken place over the past decades (since the start of the integration policy based on the ‘Community method’. However, it shows that the discussion context has become more complex. In the last section of the paper, the relationship of ‘statics’ and ‘dynamics’ in relation to European constitutional conceptions is treated as a subject. The question arises as to whether and to what extent the constitution concept itself is in doubt and whether or not, in connection with this, important functions, whose very performance is expected of a constitution of the European Union, remain unfulfilled.

  8. Crushed Salt Constitutive Model

    The constitutive model used to describe the deformation of crushed salt is presented in this report. Two mechanisms -- dislocation creep and grain boundary diffusional pressure solution -- are combined to form the basis for the constitutive model governing the deformation of crushed salt. The constitutive model is generalized to represent three-dimensional states of stress. Upon complete consolidation, the crushed-salt model reproduces the Multimechanism Deformation (M-D) model typically used for the Waste Isolation Pilot Plant (WIPP) host geological formation salt. New shear consolidation tests are combined with an existing database that includes hydrostatic consolidation and shear consolidation tests conducted on WIPP and southeastern New Mexico salt. Nonlinear least-squares model fitting to the database produced two sets of material parameter values for the model -- one for the shear consolidation tests and one for a combination of the shear and hydrostatic consolidation tests. Using the parameter values determined from the fitted database, the constitutive model is validated against constant strain-rate tests. Shaft seal problems are analyzed to demonstrate model-predicted consolidation of the shaft seal crushed-salt component. Based on the fitting statistics, the ability of the model to predict the test data, and the ability of the model to predict load paths and test data outside of the fitted database, the model appears to capture the creep consolidation behavior of crushed salt reasonably well

  9. The Constitutional Court and the Imperative of its Reform

    Claudia Gilia


    Full Text Available Recent debates on the upcoming review of the Constitution have determined us to pay close attention to the basic institution in a democratic state, that is the Constitutional Court. Being caught in the crossfire between power and opposition, the Constitutional Court had a hard time lately, facing severe attacks. The aim of our study is to analyze the evolution of the Constitutional Court within the inland constitutional system, particularly bringing up the flaws describing the Court’s activity. We have also analyzed the proposals put forth by several bodies or experts regarding the constitutional contentious court. At the end of our study, following an analysis of different constitutional types of constitutional review, used by a number of states in Europe, we introduced several resolutions that may improve the role, the course and, last but not least, the activity of the Romanian Constitutional Court.

  10. Judiciary on Russian Constitutional System

    Vladislav Arkhipov


    Full Text Available This article is about new constitutional order in Russia emphasizing fundamental areas as the role of judiciary in the Russian Constitutional System from 1993 Constitution, the one which replaced the 1978 Russian Soviet Federative Socialist Republic Constitution based on communist ideology. Therefore, it is intended to examine the principle of separation of powers, constitutionally recognized human rights and liberties, relationship between international bodies’ case law of human rights and the Russian Constitutional Court, among others issues.

  11. Constitutional appeals refused

    Already in the three-judge-appointed preliminary commission, the Fed. Constitutional Court, in several cases unanimously, refused a constitutional appeal against decisions in court cases regarding nuclear power plants with the substantiation that they have no sufficient prospects for success, or that they are inadmissable. These decisions are incontestable. The following orders were issued: 1) Churches must also pay for electricity produced by nuclear power plants. 2) Construction of the Grohnde nuclear power plant will not be interrupted. 3) Limited right of action against nuclear power plant licences (here: Stade) 4) Confirmation of the preliminary site approval for Kruemmel nuclear power plant. The essential reasons for the decisions are given. (orig./HP)

  12. What constitutes information integrity?

    S. Flowerday


    Full Text Available This research focused on what constitutes information integrity as this is a problem facing companies today. Moreover, information integrity is a pillar of information security and is required in order to have a sound security management programme. However, it is acknowledged that 100% information integrity is not currently achievable due to various limitations and therefore the auditing concept of reasonable assurance is adopted. This is in line with the concept that 100% information security is not achievable and the notion that adequate security is the goal, using appropriate countermeasures. The main contribution of this article is to illustrate the importance of and provide a macro view of what constitutes information integrity. The findings are in harmony with Samuel Johnson's words (1751: 'Integrity without knowledge is weak and useless, and knowledge without integrity is dangerous and dreadful.'

  13. The denied constitution

    Borja, Miguel


    The present article examines the luck of the proposals presented by indigenous and afro-Colombian communities, during the National Constituent Assembly of 1991. These proposals were aimed to define a new territorial organization of the State, but they were discarded from the Constitution and the subsequent legislative development. We are, therefore, front of the lack of knowledge of one of the most important realities of the country: the construction of space by the indigenous and afro-Colomb...

  14. [Constitutional requirements of rationing].

    Kluth, Winfried


    Rationing is an emotive issue in the field of public health. This complicates the rational discourse, which is indispensable for analyzing the rationing conditions as set out by constitutional law and which requires manifold differentiation and consideration that shall briefly be outlined in the following short contribution. Of central significance is the distinction between indirect and direct rationing as well as the reference to the essential responsibility of legislators for rationing decisions. PMID:19004184

  15. What constitutes information integrity?

    S. Flowerday; R. von Solms


    This research focused on what constitutes information integrity as this is a problem facing companies today. Moreover, information integrity is a pillar of information security and is required in order to have a sound security management programme. However, it is acknowledged that 100% information integrity is not currently achievable due to various limitations and therefore the auditing concept of reasonable assurance is adopted. This is in line with the concept that 100% information securit...

  16. What constitutes information integrity?

    S. Flowerday; R. von Solms


    This research focused on what constitutes information integrity as this is a problem facing companies today. Moreover, information integrity is a pillar of information security and is required in order to have a sound security management programme. However, it is acknowledged that 100% information integrity is not currently achievable due to various limitations and therefore the auditing concept of reasonable assurance is adopted. This is in line with the concept that 100% information securit...

  17. Ethics and constitutional government.

    Albright, James A


    The term ethics refers to a set of principles that govern acceptable, proper conduct. Attacks on the Constitution of the United States pose the most serious breach of ethics today. Our country was founded as a republic, not as a democracy. Our Founding Fathers' main concern was to protect citizens from the power of the federal government, so constitutionally, the central government has little or no authority over individual citizens except on federal property. One of the major problems today is the fact that we now have professional politicians. This is due in large part to the lure of financial gain from countless special interest groups. This would change under constitutional law because the federal budget would decrease drastically. Article 1 states that all legislative power is vested in Congress. Congress has only 18 enumerated powers, and almost half of these pertain to defense of the country. Many of our current problems are due to regulatory agencies that have become independent fiefdoms with unconstitutional legislative, as well as executive and judicial, powers. The regulatory agency most relevant to medicine, both clinical care and research, is the FDA. It is now obvious that its basic structure needs to be changed or abolished because its actions are identical to those inherent in authoritarian systems. Constructive change could come from Congress, but it would be most desirable if the Supreme Court would take the lead and reestablish the authority of the Constitution as the Supreme Law of the Land. The FDA's function could be limited to the determination of safety, but preferably its mission would be altered to that of product certification. Defenders of the current system claim that such a drastic change would be too dangerous and their prime example is thalidomide. But it is now known that the market has already solved that problem prior to the government-imposed sanctions. Realistically, market forces and their ramifications, including our legal

  18. Environment, constitution, administration

    This issue contains papers delivered at the 13th congress of the Institute for Energy Law at Cologne University. The titles of the essays are as follows: The Implementation of governmental decisions as a constitutional problem; Protection of the environment within the system of judicial order; The compromise in harmonizing goals as part of the judicial order; The burden of proof as lever of the politics of law and order especially within the limits of the Emission Control Law; The protection of the law and the setting of standards by governmental and private channels; The legal Emission control provisions as prerequisite for licensing; Protection of established power installations. All essays are concerned with environmental problems. (HSCH)

  19. Constitutive models in LAME.

    Hammerand, Daniel Carl; Scherzinger, William Mark


    The Library of Advanced Materials for Engineering (LAME) provides a common repository for constitutive models that can be used in computational solid mechanics codes. A number of models including both hypoelastic (rate) and hyperelastic (total strain) constitutive forms have been implemented in LAME. The structure and testing of LAME is described in Scherzinger and Hammerand ([3] and [4]). The purpose of the present report is to describe the material models which have already been implemented into LAME. The descriptions are designed to give useful information to both analysts and code developers. Thus far, 33 non-ITAR/non-CRADA protected material models have been incorporated. These include everything from the simple isotropic linear elastic models to a number of elastic-plastic models for metals to models for honeycomb, foams, potting epoxies and rubber. A complete description of each model is outside the scope of the current report. Rather, the aim here is to delineate the properties, state variables, functions, and methods for each model. However, a brief description of some of the constitutive details is provided for a number of the material models. Where appropriate, the SAND reports available for each model have been cited. Many models have state variable aliases for some or all of their state variables. These alias names can be used for outputting desired quantities. The state variable aliases available for results output have been listed in this report. However, not all models use these aliases. For those models, no state variable names are listed. Nevertheless, the number of state variables employed by each model is always given. Currently, there are four possible functions for a material model. This report lists which of these four methods are employed in each material model. As far as analysts are concerned, this information is included only for the awareness purposes. The analyst can take confidence in the fact that model has been properly implemented

  20. 中医辨体调质护理对2型糖尿病患者非糖尿病一级亲属的影响%Effects of Nursing by Differentiating and Regulating Body Constitutions of Traditional Chinese Medicine on First Degree Relatives of Type 2 Diabetes Mellitus Patients

    吕忠勤; 王文锐


    Objective To observe the effect of nursing by distinguishing and regulating body constitutions of traditional Chinese medicine(TCM) on insulin resistance to the first degree relatives of type 2 diabetes mellitus patients. Methods Adoptting "classifying study about body constitutions of traditional Chinese medicine"questionnaire,we applied the convenient sample drawing method of field investigation at cross section to the type 2 diabetes mellitus patients' parents,offsprings and siblings who were consistent with the internalizing standard concerning mental regulation, dietary health, methods of health-preserving and physical exercise. In addition, we recruited 30 patients with phlegmatic hygrosis body constitutions in the improving plan of TCM body constitution health. The plan was enforced by special messenger regular instruction for three months. Comparisons were conduced on the changes of body mass index(BMI) , fasting plasma glucose(FPG),fasting serum insulin(FINS) , HbAlc,2hPG and homeostasis model assessment insulin resistance(HOMA-IR) before and after above-mentioned plan. Results Totally 30 observed objects executed above-mentioned plan. We collected 27 complete numerical data from them. Comparing those before the above-mentioned plan,the values of BMI,2hPG,FINS and HOMA-IR were significantly decreases after intervention(P<0. 05). Conclusion TCM nursing by distinguishing and regulating body constitutions can effectively improve the insulin resistance in the first degree relatives of type 2 diabetes mellitus patients.%目的 观察中医辨体调质护理干预对2型糖尿病患者无糖尿病一级亲属人群胰岛素抵抗的影响.方法 采用《中医体质分类研究》问卷对2型糖尿病患者父母、子女或同胞兄妹进行方便抽样横断面现场调查,选取痰湿体质者30例参与中医体质健康改善计划,即:由专人定期给予中医体质调护指导,时间为3个月,内容包括精神调摄、饮食养生、起居养生、

  1. The Constitution and American Diversity.

    Glazer, Nathan


    Diversity in American constitutional law refers to differences among the laws of the states. However, key phrases in the Constitution have been used to ensure individual rights. The expansion of those rights has led to conflict between community needs and those of the individual, with each side referring to the Constitution for support. (PS)

  2. Religion and the Japanese Constitution

    Hardacre, Helen


    This paper examines provisions regarding religion in the 1947 Constitution of Japan, showing how they differ from the Meiji constitution of 1889. It examines policies on religion established by the Allied Occupation of Japan (1945‐1952), especially relating to Shinto, their implementation, and their relation to the 1947 constitution. The paper documents the process through which Occupation officials drafted entirely new articles on religion, displacing a Japanese government commission that ...

  3. How Capitalistic Is the Constitution?

    Goldwin, Robert A., Ed.; Schambra, William A., Ed.

    Second in a three-part series designed to help prepare the nation for a thoughtful observance of the Constitutional bicentennial, this publication contains seven essays on the topic of capitalism and the Constitution. "American Democracy and the Acquisitive Spirit" (Marc F. Plattner) supports the argument that the framers of the Constitution…

  4. Constitutive Effects of Performance Indicators

    Dahler-Larsen, Peter


    are demonstrably problematic. Based on a distinction between trivial and advanced measure fixation, an argument is made for constitutive effects that are based on less problematic assumptions. Through this conceptual move, the political dimension of performance indicators is appreciated. The...... conceptual dimensions of constitutive effects are carved out, empirical illustrations of their applicability are offered and implications discussed....

  5. Reordering American Constitutional Law Teaching.

    Gerber, Scott D.


    Maintains that constitutional law is the cornerstone of an undergraduate public law curriculum. Asserts that there is a welcome trend toward teaching the subject over a two-semester sequence, instead of only one. Describes course content and teaching strategies used in a college constitutional law course. (CFR)

  6. Constitutional Law and Liberal Education.

    Clor, Harry


    By studying constitutional law, students learn about the relationship between democratic theory and practice, one of the main concerns of liberal education. The mind is enlarged when it must apply ethical standards and political ideas to real human problems. How a political science professor teaches constitutional law is discussed. (RM)

  7. The Constitution and Its Critics

    Main, Thomas J.


    In planning a freshman undergraduate curriculum with colleagues recently, the question arose as to what type of understanding educators wanted to impart to their students about the Constitution. The alleged defects of the Constitution that these books point to are wide-ranging and can be classified into various categories. Some problems--such as…

  8. Působení kognitivně-behaviorální psychoterapie na tělesné složení a konstituci Effects of cognitive behavioral psychotherapy on body composition and constitution

    Miroslav Kopecký


    esteem and difficulties in the job market field. The aim of the study was to examine the effect of physical activity and the modification of nutrition patterns on the somatic parameters in STOB courses (the courses for weight loss and obesity reduction in women at the age of 20–60 years (n = 114. The standardised anthropometrical methods were used to determine the basic somatic indexes – body weight and height, risk indexes and central obesity indexes, body composition according to Pařízková, and Matiegka and bioelectric impedance methods (QuadScan 4000; Tanita BC 418-MA. Women were divided into the groups according to age decennary. Women were measured at the beginning and at the end of the course, which lasted 12 weeks. STOB courses are led by professionals who are involved not only in physical activity but also in modification of nutrition and food intake patterns. In the groups as a whole, the BMI reached the average values of 31.34 in the initial examination, although the maximal value exceeded the limit of morbid obesity, which is 47.56. On the basis of the BMI categorisation by WHO, only 7.5% of women were in the “standard” category and 57% were obese, of which 5% were morbidly obese. According to the evaluation of subcutaneous adipose tissue using Matiegka methodology, 57.5% had more than 30% fat content, of which 28.75% was in the category of over 40% fat. The values of the centrality index, which are the ratio of the individual skin folds on the trunk and on the extremities and it shows the distribution of fat, reached values from 1.3 to 1.5. These values demonstrate the disproportional distribution of fat, with a dominancy of subcutaneous fat on the trunk. The centrality indexes correlate with WHR values and confirmed the distribution of fat was confirmed, particularly on the trunk part in comparison to the lower extremities – thus we are looking at the abdominal type of obesity. When the course had been completed, all methods used confirmed

  9. Constitutional multicenter bank linked to Sasang constitutional phenotypic data

    Jin, Hee-Jeong; Baek, Younghwa; Kim, Ho-Seok; Ryu, Jonghyang; Lee, Siwoo


    Background Biobanks are more important in medical area because they can give researchers data for demonstrating and validating their research. In this study, we developed a biobank called the Korea Constitutional Multicenter Bank (KCMB) based on Sasang Constitutional Medicine (SCM). The aim of the KCMB was a foundation to providing the scientific basis of SCM. Methods The KCMB has been constructed since 2006 in 24 Korean medical clinics with collection of questionnaire data, physical measurem...

  10. Radioactive waste disposal and constitution

    The radioactive waste disposal has many dimensions with regard to the constitutional law. The central problem is the corret delimitation between adequate governmental precautions against risks and or the permitted risk which the state can impose on the citizen, and the illegal danger which nobody has to accept. The solution requires to consider all aspects which are relevant to the constitutional law. Therefore, the following analysis deals not only with the constitutional risks and the risks of the nuclear energy, but also with the liberal, overall-economic, social, legal, and democratic aspects of radioactive waste disposal. (HSCH)

  11. Remarks on turbulent constitutive relations

    Shih, Tsan-Hsing; Lumley, John L.


    The paper demonstrates that the concept of turbulent constitutive relations can be used to construct general models for various turbulent correlations. Some of the Generalized Cayley-Hamilton formulas for relating tensor products of higher extension to tensor products of lower extension are introduced. The combination of dimensional analysis and invariant theory can lead to 'turbulent constitutive relations' (or general turbulence models) for, in principle, any turbulent correlations. As examples, the constitutive relations for Reynolds stresses and scalar fluxes are derived. The results are consistent with ones from Renormalization Group (RNG) theory and two-scale Direct-Interaction Approximation (DIA) method, but with a more general form.

  12. Cleanup liability and the Constitution

    It was observed in the July 1992 issue of this Journal that a plain reading of the Constitution's prohibition on open-quotes ex post factoclose quotes suggests that some environmental statutes such as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) and the Resource Conservation and Recovery Act of 1976 (RCRA) conflict with Constitutional principles. Like many Constitutional principles, however, the Supreme Court's interpretation of the Constitution's bar on ex post facto laws has a long history. The Court has consistently interpreted this clause as limited to criminal or penal statutes. This article discusses the history of the ex post facto clause, the retroactive application of CERCLA and RCRA, the decision that retroactive application of CERCLA and RCRA does not violate the ex post facto clause, and laws, regulations, and guidance. 27 refs

  13. Are Sanctions on Employers Constitutional?

    Gollobin, Ira


    Questions the constitutional validity of employer sanctions used to deter illegal immigration under the Immigration Reform and Control Act. Points out the anomaly of using criminal penalties to deter a civil, administrative violation. (FMW)

  14. A survey on constitutional justice

    Kheirollah Parvin


    Full Text Available The idea of supervising the conformity of statutory law with constitutional law, is due to necessities rooted in two essential principles: the supremacy of constitution and the hierarchy of the law. Constitution as the supreme law in the sense of status and legal value , is placed at the top of the legal pyramid of every political system and therefore requires a special organization and discipline that will act as the sanction of the principles and the main content incorporated in this legal instrument. this special organization and discipline known as Constitutional justice in legal Literature now and have studing in two main patterns. Firs pattern based on Supervision of courts on rules and other pattern is Apply by Emphasis on role of Political Institutions in Supervision on rules. This two patterns have common purpose but have different backgrounds and methods.

  15. Constitutive Modelling in Geomechanics Introduction

    Puzrin, Alexander M


    The purpose of this book is to bridge the gap between the traditional Geomechanics and Numerical Geotechnical Modelling with applications in science and practice. Geomechanics is rarely taught within the rigorous context of Continuum Mechanics and Thermodynamics, while when it comes to Numerical Modelling, commercially available finite elements or finite differences software utilize constitutive relationships within the rigorous framework. As a result, young scientists and engineers have to learn the challenging subject of constitutive modelling from a program manual and often end up with using unrealistic models which violate the Laws of Thermodynamics.  The book is introductory, by no means does it claim any completeness and state of the art in such a dynamically developing field as numerical and constitutive modelling of soils. The author gives basic understanding of conventional continuum mechanics approaches to constitutive modelling, which can serve as a foundation for exploring more advanced theories....

  16. Constitutional aneuploidy and cancer predisposition†

    Ganmore, Ithamar; Smooha, Gil; Izraeli, Shai


    Constitutional aneuploidies are rare syndromes associated with multiple developmental abnormalities and the alterations in the risk for specific cancers. Acquired somatic chromosomal aneuploidies are the most common genetic aberrations in sporadic cancers. Thus studies of these rare constitutional aneuploidy syndromes are important not only for patient counseling and clinical management, but also for deciphering the mechanisms by which chromosomal aneuploidy affect cancer initiation and progr...

  17. Constitutional Design and Political Communication

    Xefteris, Dimitrios


    This paper models the constitutional design process, and points out the importance of political communication (defined as the level of information about the social distribution of policy preferences that individuals hold, at the time of this process) on the "extent" of "democratic restraints" of the socially preferred constitution and on the welfare derived by the society from its implementation. The results demonstrate that the level of political communication has a positive effect on the le...

  18. Valuation in the constitutional era

    Elmien (WJ) du Plessis


    The Constitution brought about a new compensation regime for expropriations. Compensation for expropriation must now be "just and equitable". Whereas before the Constitution came into force market value played a central role in compensation for expropriation, market value is now only one factor or aspect of compensation that the court needs to take into account. Yet we find that courts tend to focus on market value and to still employ the valuation methods used to calculate market value. This...

  19. Constitutional orders in multinational firms

    Hull Kristensen, Peer; Morgan, Glenn

    Multinationals are faced with the problem of how to coordinate different actors and stop `fiefdoms' emerging that inhibits the achievement of transnational cooperation? We identify this as a problem of `constitutional ordering' in the firm. Drawing on Varieties of Capitalism approaches, we explore...... how multinationals from different contexts seek to create constitutional orders. We argue that the models which exist appear to be destructive of coordination. We explore the implications for MNCs....

  20. Right Product, Wrong Packaging: Not 'Constitution', but 'Constitutional Charter'

    John Law


    Full Text Available The article seeks to locate the principal cause of Europe’s prevailing ratification crisis in the inappropriate title arrived at in the European Convention, Treaty Establishing a Constitution for Europe. This over-ambitious styling led the media to characterise the text as simply an ‘EU Constitution’. Yet, the text was not a Constitution as we traditionally understand the term, i.e. the founding document of a State: scholars are agreed that the EU is not, and will not become upon ratification, a State.In terms of substance, whilst the text certainly strengthened some emerging constitutional aspects, it was not a major departure from the status quo like the Single European Act and Treaty on European Union had been; and it remained technically a treaty like all its predecessors. Arguably, therefore, it did not require referenda to ratify. However, confusion over the scale and importance of what was proposed, stemming from ambiguity in the title, pushed politicians down this unfortunate path.The article identifies a high level of consensus among commentators as to the true nature of the text: most are happy designating it a treaty (noun with constitutional (adjective aspects. The early proposed title Constitutional Treaty for Europe was arguably, therefore, the correct one; but it is now too late to choose this option, as the terms Constitution and Constitutional Treaty have already been muddled in debate. A more distinctive change is required. One idea could be to follow the principle employed elsewhere in the text of codifying the generally accepted but presently unwritten legal concepts of the European Court of Justice, as was done for example for ‘primacy’ and ‘direct effect’. The Court has characterised the EU treaties as a ‘constitutional charter’ for over twenty years now, and on this basis a modified title could read Treaty Establishing a Constitutional Charter for Europe. Importantly, the term ‘charter’ is recognised

  1. Association of Sasang Constitutional Type with Sarcopenia.

    Lee, Seung Ku; Yoon, Dae Wui; Choi, Kyung-Mee; Lee, Si Woo; Kim, Jong Yeol; Kim, Jin Kwan; Shin, Chol


    Sasang constitutional medicine (SCM) is a unique Korean traditional medicine that classifies human beings as four distinct types named Sasang constitutional types (SCTs), based on physiologic, physical, and psychological traits. Accumulating evidence has demonstrated that specific constitutional types are associated with chronic diseases, but no study has investigated the relationship between SCTs and sarcopenia. The aim of this study was to examine the association in a large population-based study. Data from 1,204 participants who completed questionnaires for life style, anthropometric evaluation, and biochemical analysis were analyzed. Classification of the SCTs was done using an integrated diagnostic method. Sarcopenia was defined as appendicular skeletal muscle mass/height(2) less than one standard deviation below the gender-specific normal mean of a younger group. Dual-energy X-ray absorptiometry was used to assess whole body composition. The prevalence of sarcopenia was 8.6% in the Tae-eum (TE) type, 44.7% in the So-eum (SE) type, and 20.7% in the So-yang (SY) type. Multivariate analysis revealed that the SE and SY types had 9.22 (5.06-16.81; P sarcopenia compared to the TE type, respectively. Our results show that the SE and SY types are significantly associated with increased prevalence of sarcopenia. PMID:26649062

  2. Constitutional compatibility of energy systems

    The paper starts from the results of the Enquiry Commission on 'Future Nuclear Energy Policy' of the 8th Federal German Parliament outlining technically feasible energy futures in four 'pathways'. For the purpose of the project, which was to establish the comparative advantages and disadvantages of different energy systems, these four scenarios were reduced to two alternatives: cases K (= nuclear energy) and S (= solar energy). The question to Ge put is: Which changes within our legal system will be ushered in by certain technological developments and how do these changes relate to the legal condition intended so far. Proceeding in this manner will not lead to the result of a nuclear energy system or a solar energy system being in conformity or in contradiction with the constitutional law, but will provide a catalogue of implications orientated to the aims of legal standards: a person deciding in favour of a nuclear energy system or a solar energy system supports this or that development of constitutional policy, and a person purishing this or that aim of legal policy should be consistent and decide in favour of this or that energy system. The investigation of constitutional compatibility leads to the question what effects different energy systems will have on the forms of political intercourse laid down in the constitutional law, which are orientated to models of a liberal constitutional tradition of citizens. (orig./HSCH)

  3. The Spanish Constitution, the Constitutional Court and the Catalan Referendum

    Abat Ninet, Antoni


    politeia that Aristotle defined now clashes between two powerful symbolic and romantic phenomena. In the Spanish-Catalan binomial scenario, there are some elements that need to be analysed to obtain a complete picture of the constitutional possibilities to of accommodating a Catalan self...

  4. The Constitutive Power of Twitter

    Albu, Oana Brindusa; Etter, Michael Andreas

    constituents. Such focus leaves little knowledge concerning the tensions new ICTs bring to organizational life. For a more nuanced understanding of the constitutive role of new ICTs in organizing, this paper unfolds a communication centered perspective and examines the strategic Twitter use in two...... organizations. The analysis illustrates how specific Twitter interactions, i.e., hashtags, become hypertexts—a type of authoritative texts—which simultaneously constitute an organizational actor or act as a pastiche of it. The study contributes to extant research by illustrating how hypertextuality is the...... process through which an organization is constituted in the interactions of both organizational and non-organizational members in both physical and virtual sites....

  5. A Communicatively Constituted Online Crisis

    Valentini, Chiara; Romenti, Stefania; Kruckeberg, Dean


    specific public crisis perceptions. Drawing from a communicative constitution perspective, the authors argue that if crises are perceptions or experiences of difficult situations that exceed a person’s current resources and coping mechanisms, and if perceptions and experiences in social media are typically...... by offering suggestions on how to study online critical conversations through the lens of a communicative constitution perspective that could inform how critical issues eventually transform and become crises and how crisis perceptions evolve and are discursively shaped by communicative practices...... mediated, then online crises and their meanings are communicatively constructed. The chapter outlines how online conversations constitute discursive practices that make publics aware of critical situations of which they may or may not know and can even construct reputational crises. The chapter concludes...

  6. Ayurvedic genomics, constitutional psychology, and endocrinology: the missing connection.

    Rizzo-Sierra, Carlos V


    A recent methodological approach for human classification, diagnosis, and therapeutics through the combination of current Western constitutional psychology somatotypes and traditional Indian medicine (prakriti) body types and mind (manas) is herein presented. The striking similarities between psychologic somatotypes and Indian medicine body types permits proposal of a finite genopsycho-somatotyping of humans. Genopsycho-somatotyping of humans consists of a set of common physiologic, physical, and psychologic attributes related to a common basic birth constitution that remains somewhat permanent during human lifetime, since it is proposed that this birth constitution is programmed in the person's DNA (genes). This mainly provides a tool for classifying the human population based on broad and finite phenotype clusters across different ethnicity, languages, geographical location, or self-reported ancestry. In spite of any social or environmental traumatic event, I propose for males that every basic constitution has an associated identification organ, a measured property or marker, a soma, and some psyche general tendencies suggesting specific behavior or recurrent conduct. Three (3) basic extreme genopsycho-somatotypes or birth constitutions are enunciated: mesomorphic or andrus (Pitta), endomorphic or thymus (Khapa), and ectomorphic or thyrus (Vata). The method further predicts that male andrus constitution across races shares similarities in androgen (An) nuclear receptor behavior, whereas thymus constitutions are mainly regulated by T-cells (Tc) nuclear receptor behavior. Moreover, it suggests that thyrus constitutions share similarities in thyroxine (Th) nuclear receptor behavior. These proposed nuclear receptors are expected to regulate the expression of specific genes, thereby controlling the embryonic development, adult homeostasis, and metabolism of the human organism in a very profound way. The method finally predicts small differences in measured property

  7. Constitutional Change Marks Ideological Breakthrough


    The amendments to the Constitution of the People'sRepublic of China, the fourth since the constitutionwas promulgated in 1982 and proposed by theCentral Committee of the Communist Party of China(CPC), are expected to enshrine the respect andprotection of human rights, the protection of private

  8. A Venture in Constitutional Law.

    Cole, W. Graham; Dillon, Dorothy H.


    Senior high girls and boys from two single-sex schools undertook a study of a Supreme Court case that provided insight not only into constitutional law and history but also into how men and women can work together and relate in other ways than dating. (DS)

  9. Constitutional Verbosity and Social Trust

    Bjørnskov, Christian; Voigt, Stefan


    A common argument in the trust literature is that high-trust cultures allow efficient commercial contracts to be shorter, covering fewer contingencies. We take this idea to the topic of social contracts. Specifically, we ask whether social trust affects the length and detail of constitutions. Cro...

  10. Take Advantage of Constitution Day

    McCune, Bonnie F.


    The announcement of the mandate for Constitution and Citizenship Day shortly before September, 2005, probably led to groans of dismay. Not another "must-do" for teachers and schools already stressed by federal and state requirements for standardized tests, increasingly rigid curricula, and scrutiny from the public and officials. But the idea and…

  11. Nuclear energy as reflected in Constitutional Law

    The author analyses the Federal Constitutional Court's decision on the Kalkar and Muehlheim-Kaerlich reactors with regard to its content relating to the Atomic Energy Law. He examines the Atomic Energy Law within the system in which power is shared: The legal provisio of the Atomic Energy Law, the application of undetermined legal terms, the involvement of extra-legislative bodies, the statements made on residual risks. He discusses the statutory obligation of the legislator to protect, and the protection of basic rights by means of participation in procedures, the effecting of basic rights protection by means of participation in procedures, the translation into action of basic rights protection by means of participation in procedures and the interpretation of the elementary (simple) Atomic Law by the Federal Constitutional Court with regard to the interpreation and application of the Atomic Energy Law in conformity with the Basic Law. Finally, he gives his opinion on the practical consequences the decision will have, and on its binding effects for current and future licensing procedures. (HSCH)

  12. Technical risks and constitutional law

    It was particularly by the peaceful use of nuclear energy that the topic has raised the interest of the Constitutional Court. The concepts of averting risks, risk precaution and remaining risks have to be differentiated terminologically. The governmental obligation of protecting the citizens and granting the constitutional rights as far as the limit of acceptable risks, which is difficult to determine, is dominating. When applying unavoidable and vague legal concepts these concepts must be specified not only by technical rules or guidelines, expert committees and the like but also by a newr legal basis so that 'the mechanism of the division of power can be set to rights again in the field of technical risk control'. (orig./HP)

  13. Valuation In The Constitutional Era

    Elmien du Plessis


    Full Text Available The Constitution brought about a new compensation regime for expropriations. Compensation for expropriation must now be "just and equitable". Whereas before the Constitution came into force market value played a central role in compensation for expropriation, market value is now only one factor or aspect of compensation that the court needs to take into account. Yet we find that courts tend to focus on market value and to still employ the valuation methods used to calculate market value. This article argues that the methods used to calculate the market value, once thought to be objective, are not as objective as was believed. While it is impossible to give judges specific tools for the assessment of market value, this article provides guidelines on how the calculation of compensation should be approached.

  14. European constitution and EURATOM treaty

    The European Council held in Laeken in December 2001 had decided to call a convention preparing the next conference of the heads of state and government which, among other topics, was to deliberate the question of a fully formulated European constitution. Under the presidency of Giscard d'Estaing, all delegates to the European Convention on July 10, 2003 signed the draft treaty for a European constitution. This final document is the basis of the conference of the heads of state and government to begin in October 2003. On this occasion, the draft of a separate chapter on energy could well come up again for examination. This chapter had been introduced only at the end of the deliberations of the convention and adds to the competences of the EU institutions. Also the Euratom Treaty was a topic of the convention preparing the constitution. As the presidency felt that no specific issues had been raised in the Laeken declaration, it is proposed to adapt the Euratom Treaty to the new provisions of the constitution by adding a protocol. This would mean that the European Atomic Energy Community, for the time being, would retain its independent legal status. The contents would have to be examined at some later date. Consequently, the real discussion of the Euratom Treaty is yet to come. Also, the speedy completion of the single market for electricity would make it desirable for the Community to adopt a uniform, positive stance in the use of nuclear power at the best possible safety standards so as to ensure a level playing field. Current events entailing power failures in the United States and the United Kingdom have alerted the public to the problem of the continuity of power supply. This could well be the beginning of a new, unbiased, balanced energy discussion in a bigger Europe. (orig.)

  15. [Women, gender, and the Constitution].


    Although all the constitutions of Latin America directly or indirectly acknowledge the juridical equality of the sexes, these patriarchal societies continue to maintain institutional power in male hands and to neutralize legal actions favoring women. International instruments such as the Convention on Elimination of All Forms of Discrimination Against Women, approved by the UN in 1979, have given a firmer basis to policies and actions to improve the status of women. Obstacles to full equality of Latin American women are rooted in economic and sociopolitical factors, but lack of true political will also plays a significant role. A number of new laws in the past several years as well as the new Constitution have improved the legal position of Colombian women. The new Constitution recognizes fundamental rights that may be claimed directly before a judge, and social, economic, and collective rights requiring legislative development. Article 43 of the new Constitution states that women will not be subjected to any form of discrimination. Another norm states that women will enjoy special assistance and protection before and after childbirth, in recognition of the social functions of maternity. Article 43 also states that women who are heads of households will receive special assistance, but the corresponding regulations have not yet been promulgated. The mechanism of tutelage has become an important recourse that has been used in several cases in which fundamental rights of women have been violated or threatened because of their sex. The order of tutelage has been used in cases of adolescents expelled from school for pregnancy and of abused wives, as well as to force recognition of the social and economic contributions of housework. PMID:12287889




    In order for democracy to result from freedom, the citizens’ participation in the creation and exercise of democratic power must be structured in a pluralist way. Art. 8(1) of the Romanian Constitution firstly imposes the organization of the company in parallel with the State’s organic structure as an indispensable requisite for the existence of democracy. In other words, there is no democracy without a civil society, distinct from the State. The organization of the civil society is necessary...

  17. The Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures

    LWH Ackermann


    Full Text Available Constitutional democracy recognises the ancient democratic principle that government of a country is based on and legitimated by the will and consent of the governed, which is determined by regular multi-party elections based on universal adult franchise. Constitutional democracy limits this principle by subjecting the democratically elected government and the will of the majority subject to a written constitution and the norms embodied in it. Such constitution is enshrined as the supreme law of the country in question. An almost universal feature of modern constitutionalism is a Bill of Rights that forms part of the Constitution and which is designed to protect and enforce individual rights principally, although not exclusively, against the state. Constitutionalism also embodies the principle of the separation of powers. A competent and independent judiciary, with the power to review all legislative and executive conduct that is inconsistent with the Constitution, is regarded, almost universally, as the prime and most effective check on the legislative and executive branches of government. Recently it has come to be realised that for the truly effective and meaningful operation of constitutionalism, other independent state institutions are necessary. The collective objective of these institutions is to ensure that the Constitution in fact produces what it proclaims: that constitutionalism becomes a way of life in all institutional structures. The South African Constitution has clearly designated the judiciary as the prime upholder and enforcer of the Constitution. The Constitution has, however, gone further and makes provision for a variety of independent state institutions whose purpose is to "strengthen constitutional democracy in the Republic". Apart from these state institutions the Constitution also makes provision for other independent bodies designed to play an important checking and balancing role. The regular effective functioning of

  18. Legal Conflicts and Subnational Constitutionalism

    DELLEDONNE, Giacomo; MARTINICO, Giuseppe


    Paper presented at the World Conference of the International Association of Constitutional Law, Mexico City, 6-10 December 2010. This paper is the result of joint reflections, however Giuseppe Martinico wrote par. 2, 5, 8 and 9, Giacomo Delledonne wrote par. 3, 4 and 7, while par. 1 and 6 were elaborated jointly. We would like to thank Josep Maria Castellà Andreu, François-Xavier Millet and Robert Williams for their comments and Miguel Poiares Maduro and Ernst-Ulrich Petersmann for their supp...

  19. Technical risks and Constitutional Law

    The author regards technical risk assessment as a legal problem of increasing importance. He discusses the delimitation of hazard, risk and damage; the protective duty of the state, and security of basic rights; the determination of risk elements; the interpretation of undetermined legal concepts. The essential question is as to what extent the undetermined legal concepts are subject to judicial reviews. A transition from 'subject-related' to 'procedural' reviewing requires corresponding insitutional and procedural rules according to which technical safety rules will be created. Under Constitutional Law, it does not seem to be satisfying to bind the courts to technical rules as long as there are none. (HSCH)

  20. Sasang Constitutional Medicine as a Holistic Tailored Medicine

    Jong Yeol Kim


    Full Text Available Sasang constitutional medicine (SCM is a unique traditional Korean therapeutic alternative form of medicine. Based on the Yin and Yang theory and on Confucianism, humans are classified into four constitutions. These differ in terms of (i sensitivity to certain groups of herbs and medicines, (ii equilibrium among internal organic functions, (iii physical features and (iv psychological characteristics. We propose that two main axes in the physiopathology of SCM (food intake/waste discharge and consuming/storing Qi and body fluids are equivalent to the process of internal–external exchange and catabolism/anabolism in modern physiology, respectively. We then used this hypothesis to discuss the physiological and pathological principles of SCM. Constitution-based medicine is based on the theory that some medicinal herbs and remedies are only appropriate for certain constitutions and can cause adverse effects in others. The constitutional approach of SCM share the same vision as tailored medicine; an individualized therapy that can minimize the risk of adverse reaction while increasing the efficacy and an individualized self-regulation that can help prevent specific susceptible chronic disease and live healthily. There is still a long way to this goal for both SCM and tailored medicine, but we may benefit from systems approaches such as systems biology. We suggest that constitutional perspective of SCM and our hypothesis of two main processes may provide a novel insight for further studies.

  1. Sasang constitutional medicine as a holistic tailored medicine.

    Kim, Jong Yeol; Pham, Duong Duc


    Sasang constitutional medicine (SCM) is a unique traditional Korean therapeutic alternative form of medicine. Based on the Yin and Yang theory and on Confucianism, humans are classified into four constitutions. These differ in terms of (i) sensitivity to certain groups of herbs and medicines, (ii) equilibrium among internal organic functions, (iii) physical features and (iv) psychological characteristics. We propose that two main axes in the physiopathology of SCM (food intake/waste discharge and consuming/storing Qi and body fluids) are equivalent to the process of internal-external exchange and catabolism/anabolism in modern physiology, respectively. We then used this hypothesis to discuss the physiological and pathological principles of SCM. Constitution-based medicine is based on the theory that some medicinal herbs and remedies are only appropriate for certain constitutions and can cause adverse effects in others. The constitutional approach of SCM share the same vision as tailored medicine; an individualized therapy that can minimize the risk of adverse reaction while increasing the efficacy and an individualized self-regulation that can help prevent specific susceptible chronic disease and live healthily. There is still a long way to this goal for both SCM and tailored medicine, but we may benefit from systems approaches such as systems biology. We suggest that constitutional perspective of SCM and our hypothesis of two main processes may provide a novel insight for further studies. PMID:19745007

  2. Constitutive modeling for isotropic materials

    Lindholm, Ulric S.; Chan, Kwai S.


    The objective of the program is to evaluate and develop existing constitutive models for use in finite-element structural analysis of turbine engine hot section components. The class of constitutive equation studied is considered unified in that all inelastic deformation including plasticity, creep, and stress relaxation are treated in a single term rather than a classical separation of plasticity (time independent) and creep (time dependent) behavior. The unified theories employed also do not utilize the classical yield surface or plastic potential concept. The models are constructed from an appropriate flow law, a scalar kinetic relation between strain rate, temperature and stress, and evolutionary equations for internal variables describing strain or work hardening, both isotropic and directional (kinematic). This and other studies have shown that the unified approach is particularly suited for determining the cyclic behavior of superalloy type blade and vane materials and is entirely compatible with three-dimensional inelastic finite-element formulations. The behavior was examined of a second nickel-base alloy, MAR-M247, and compared it with the Bodner-Partom model, further examined procedures for determining the material-specific constants in the models, and exercised the MARC code for a turbine blade under simulated flight spectrum loading. Results are summarized.

  3. Constitutive model for overconsolidated clays


    Based on the relationships between the Hvorslev envelope,the current yield sur-face and the reference yield surface,a new constitutive model for overconsolidated clays is proposed. It adopts the unified hardening parameter,to which the potential failure stress ratio and the characteristic state stress ratio are introduced. The model can describe many characteristics of overconsolidated clays,including stress-strain relationships,strain hardening and softening,stress dilatancy,and stress path dependency. Compared with the Cam-clay model,the model only re-quires one additional soil parameter which is the slope of the Hvorslev envelope. Comparisons with data from triaxial drained compression tests for Fujinomori clay show that the proposed model can rationally describe overconsolidated properties. In addition,the model is also used to predict the stress-strain relationship in the isotropic consolidation condition and the stress paths in the undrained triaxial compression tests.

  4. The Constitutive Values of Science

    Hugh Lacey


    Full Text Available Cognitive values are the characteristics that are constitutive of good theories, the criteria to which we appeal when choosing among competing theories. I argue that, in order to count as a cognitive value, a characteristic must be needed to explain actually made theory choices, and its cognitive significance must be well defended especially in view of considerations derived from the objective of science. A number of proposed objectives of science are entertained, and it is argued that adopting a par-ticular objective is dialectically intertwined with commitment to certain social values.Then, the ways in which science is, and is not value free is explored briefly, leading to the identification of a level of analysis where values may influence theory choice without causing paradox or threatening the impartiality of soundly-made scientific judgments.




    Full Text Available In order for democracy to result from freedom, the citizens’ participation in the creation and exercise of democratic power must be structured in a pluralist way. Art. 8(1 of the Romanian Constitution firstly imposes the organization of the company in parallel with the State’s organic structure as an indispensable requisite for the existence of democracy. In other words, there is no democracy without a civil society, distinct from the State. The organization of the civil society is necessary because the individual alone cannot determine a certain attitude of the political power: structuring gives weight to the action; the organization of citizens contributes to rendering their political participation more efficient. But the organization, structuring limits the freedom of people adhering to the structure.

  6. Sasang Constitutional Medicine and Traditional Chinese Medicine: A Comparative Overview

    Junghee Yoo


    Full Text Available Sasang constitutional medicine (SCM is a holistic typological constitution medicine which balances psychological, social, and physical aspects of an individual to achieve wellness and increase longevity. SCM has the qualities of preventative medicine, as it emphasizes daily health management based on constitutionally differentiated regimens and self-cultivation of the mind and body. This review's goal is to establish a fundamental understanding of SCM and to provide a foundation for further study. It compares the similarities and differences of philosophical origins, perspectives on the mind (heart, typological systems, pathology, and therapeutics between SCM and traditional Chinese medicine (TCM. TCM is based on the Taoist view of the universe and humanity. The health and longevity of an individual depends on a harmonious relationship with the universe. On the other hand, SCM is based on the Confucian view of the universe and humanity. SCM focuses on the influence of human affairs on the psyche, physiology, and pathology.

  7. From Sinful Bodies to Reference Bodies: A Sociological Evaluation On The Body Perception in Islam

    KARA, Zülküf


    As body, on the one hand, constitutes corporeal part of the organic body with its organic structure, shape, mass and color; it represents, on the other hand, the position of many identies which are identified as social gender, race and sexuality. Every state of body bears the trace of experiences we got and causes a new social organization. Body perceptions are embedded in discourses of varieties of religion, culture, ethnicity, ideology etc. Religious norms, which occupy an important place i...

  8. Non-linear constitutive equations for gravitoelectromagnetism

    Duplij, Steven; Di Grezia, Elisabetta; Esposito, Giampiero; Kotvytskiy, Albert


    This paper studies non-linear constitutive equations for gravitoelectromagnetism. Eventually, the problem is solved of finding, for a given particular solution of the gravity-Maxwell equations, the exact form of the corresponding non-linear constitutive equations.

  9. The communicative constitution of representation and exclusion

    Wessel, van M.G.J.


    In the light of current debate on representation, specifically engaging with literature showing how representation is communicatively constituted, this paper empirically shows how exclusion also can be seen as communicatively constituted. The interpretive approach toward communication employed in th

  10. Written Constitution or None: Which Works Better?

    Cowen, Zelman


    Explores the differences between the U.S. Constitution and British constitutional law. Specifically examines the concept of the U.S. Bill of Rights in relation to the United Kingdom common law doctrine of parliamentary sovereignty. (BSR)

  11. Constitution of the White Earth Nation

    Vizenor, Gerald


    The Constitution of the White Earth Nation was ratified by sworn delegates on April 4, 2009. The Constitution declares a separation from the current federal constitution that consolidated six Anishinaabe or Chippewa reservations in Minnesota. This federal constitutional association has not served the specific interests of the citizens of the White Earth Reservation. The disposition of treaty land, for instance, and the uses of natural resources cannot equitably be decided by any o...

  12. Constitutions, social rights and sovereign debt states in Europe : a challenging new area of constitutional inquiry

    KILPATRICK, Claire


    Constitutions, social rights and sovereign debt states in Europe is a rich new seam of constitutional inquiry that challenges existing constitutional scholarship in various ways. I make five claims about how it expands and challenges existing constitutional and EU scholarship. 1. It is new terrain for constitutional social scholarship. 2. Middle-class and public sector entitlements are a deeply problematic area for constitutional social scholarship. 3. Juristocracy charges cannot be the same ...

  13. 17 CFR 200.54 - Constitutional obligations.


    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Constitutional obligations... ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS Canons of Ethics § 200.54 Constitutional... against any infringement of the constitutional rights, privileges, or immunities of those who are...

  14. 32 CFR 536.42 - Constitutional torts.


    ... 32 National Defense 3 2010-07-01 2010-07-01 true Constitutional torts. 536.42 Section 536.42... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.42 Constitutional torts. A claim... any subpart. A constitutional claim will be scrutinized in order to determine whether it is totally...

  15. The Constitutional Politics of Charitable Choice.

    Knippenberg, Joseph M.


    Clarifies the constitutional issue raised by government efforts to cooperate with faith-based organizations, noting that while programs can be constitutional without necessarily being good public policy, too frequently political and constitutional controversies mix these two considerations, thus confusing those trying to understand and resolve…

  16. 7 CFR 718.201 - Farm constitution.


    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Farm constitution. 718.201 Section 718.201 Agriculture... Reconstitution of Farms, Allotments, Quotas, and Bases § 718.201 Farm constitution. (a) In order to implement... this section. The constitution and identification of land as a farm for the first time and...

  17. State Constitutional Law: Teaching and Scholarship.

    Williams, Robert F.


    State constitutional law is an emerging area for legal education, partly because of state supreme court decisions relying on state rather than federal constitutional law. Studying state constitutional law highlights similarities and diversity of legal and governmental systems. Interest in establishment of curricula and materials in state law is…

  18. The Constitution of the Republic of Estonia


    Raamat sisaldab ka: The Constitution of the Republic of Estonia amendment act ; The Constitution of the Republic of Estonia implementation act ; Act to amend the Constitution of the Republic of Estonia for election of local government councils for term of four years

  19. The Constitution of the Republic of Estonia


    Sisaldab ka: The Constitution of the Republic of Estonia Amendment Act. The Constitution of the Republic of Estonia Implementation Act. Act to Amend the Constitution of the Republic of Estonia for Election of Local Government Councils for Term of Four Years


    Sanchayita Roy


    Full Text Available “All constitutions are the heirs of the past as well as the testators of the future…” - Jennings On 26th January, 1950, the present Constitution of India was brought into force which announced to world the birth of a new republic. The constitution of the Indian Republic is the product not of a political revolution, but of the research & deliberations of a body of eminent representatives of the people. These people improve the existing system of administration, thus making constitutional development for a proper understanding. According to Wade & Philips, “A Constitution means a document, having a special legal sanctity which sets out the frame work and the principle functions of the organs of the Government of a State and declares the principles governing the operations of those organs.” It is however not necessary to go to any period beyond what is known as the ‘British Period’ for modern political institutions originated & developed in that period only. The institutions establish by Hindus Olden Days & Muslim Medieval Period have become a past, & they do not survive in any form in the present day. The British Period in the history of India began with incorporation of “East India Company” in the year 1600 in England. Now let us study the various phases of the growth of our constitution from the advent of the English on Indian shore till this day. We can broadly divide the period as follows: 1600 – 1765:- The Coming of the British; 1765 – 1858: Beginning of the British Rule; 1858 – 1919: End of Company’s Rule; 1919 – 1947: Introduction of Self Government and1947 – 1950: The Framing of the New Constitution.

  1. State Constitutionalism: Completing the Interdisciplinary Study of Constitutional Law and Political Theory.

    Williams, Robert F.


    Argues that a complete and accurate understanding of constitutional history and constitutional law requires the study of state constitutions. Maintains that state constitutions contain a coherent political theory that is, in important respects, at variance with the concept of federalism. (CFR)

  2. 3 CFR 8418 - Proclamation 8418 of September 16, 2009. Constitution Day and Citizenship Day, Constitution Week...


    ... through September 23, 2009, as Constitution Week. I encourage Federal, State, and local officials, as well.... Constitution Day and Citizenship Day, Constitution Week, 2009 8418 Proclamation 8418 Presidential Documents Proclamations Proclamation 8418 of September 16, 2009 Proc. 8418 Constitution Day and Citizenship...

  3. Is There a Constitutional Right to Clone?

    Sunstein, Cass Robert


    Recent scientific innovations, and proposed legislation, have raised questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional “right to clone.” This essay urges that as a matter of substantive due process, rationality review is probably appropriate, and that restrictions on both reproductive and therapeutic cloning would and should survive constitutional scrutiny. At the same time, many of the arguments for banni...

  4. The constitutional control system in Colombia

    Luis Javier Moreno Ortiz


    The system of constitutional control in Colombia designed in the Legislative Act n.º 3 of 1910 is a milestone in a long and fruitful political and constitutional tradition owes much to his Hispanic roots and its American developments. Both the public action of unconstitutionality as the plea of unconstitutionality have clear precedents in the constitutionalism of Spain and the Colony were prepared by a Constituent Assembly acted with knowledge and faithfulness to that tradition and have been ...


    KARTALCI, Kadir; DOĞAN, Mübeyna


    Today, for advanced democracies internalizing social law state, it seems impossible to tax without depending on the constitution. The terms of taxing and the power of taxing were put into the constitutions during republican period of our country. Hence, in 1982 constitution, article 73, subclause 3, the sentence`all taxes and fees are enacted, changed and repealed by law` emphasizes the legality of taxing.However, in a country experiencing martial laws and state emergencies heavily, by inter...

  6. The constitutive modeling of shape memory alloys

    Liang, Chen


    This dissertation presents a one-dimensional thermomechanical constitutive model for shape memory alloys based on basic concepts of thermodynamics and phase transformation kinetics. Compared with other developed constitutive relations, this thermomechanical constitutive relation not only reflects the physical essence of shape memory alloys, i.e., the martensitic phase transformation involved, but also provides an easy-to-use design tool for engineers. It can predict and describ...

  7. Enslaved Constitution: Obstructing the Freedom to Travel

    Mitchell F. Crusto


    Does the Constitution protect a citizen’s intra-state travel (within a state) from unjustified state prohibition? To date, the Supreme Court has not ruled directly on the issue, and many federal courts believe that the right to intrastate travel is not constitutionally protected. This Article explores the constitutional right of intra-state travel that is free from wrongful state infringement along public roadways by law-abiding citizens. Using critical legal history, this Article poses...

  8. Statistical Constitutive Equation of Aramid Fiber Bundles

    熊杰; 顾伯洪; 王善元


    Tensile impact tests of aramid (Twaron) fiber bundles were carried om under high strain rates with a wide range of 0. 01/s~1000/s by using MTS and bar-bar tensile impact apparatus. Based on the statistical constitutive model of fiber bundles, statistical constitutive equations of aramid fiber bundles are derived from statistical analysis of test data at different strain rates. Comparison between the theoretical predictions and experimental data indicates statistical constitutive equations fit well with the experimental data, and statistical constitutive equations of fiber bundles at different strain rates are valid.


    Daniela Cristina VALEA


    The control of constitutionality has an extremely important role in the functioning of the state of law. The premise for the birth of the control of constitutionality and the outlining of a control of constitutionality system is the necessity to guarantee ‘the supremacy of the law’, or ‘the supremacy of the Constitution’. In the constitutional systems in which the judge’s role of ‘constitutional judge’ was not recognized or assumed, the control of constitutionality was entrusted to a speciali...

  10. Culture (and religion in constitutional adjudication

    C Rautenbach


    Full Text Available The faculty of law of the Potchefstroom University for Christian Higher Education in corroboration with the Konrad-Adenauer-Stifttung embarked on a study on Politics, Socio-Economic Issues and Culture in Constitutional Adjudication. The aim of the project is twofold. The first aim is to analyse the influence of political, socio-economic and cultural considerations on the constitutional court’s interpretation and application of the Bill of Rights. The second aim is to develop practical guidelines (based on the findings during the analysing process for South African courts confronted with issues of a political, socio-economic and cultural nature. This article is concerned with initiating discussions of the decisions of the constitutional court with regard to cultural and religious rights.Before we can explore the role of political, socio-economic and cultural (and religious rights in the decisions of the constitutional court it is important to discuss a few preliminary issues. In this article the meaning of culture and religion within the South African context receives some attention. Secondly, some preliminary comments regarding constitutional protection of culturally and religiously based rights will be made.We are well aware that this is a daunting task, not only in view of the seemingly abysmal gap between the applicable constitutional rights and values enshrined in the 1996 Constitution that, in some instances over centuries, brought about customs and practices within “traditional” communities which, seemingly, infringe on certain constitutional values and rights.

  11. Constitutional Provisions for Community Junior Colleges.

    McLeod, Marshall W.


    Examines the role of the federal and state constitutions in community college law. Discusses the lack of state constitutional law pertaining explicitly to these institutions and suggests a probable reason for this void. Gives examples of extant state laws and discusses implications for the community college field. (AYC)

  12. Biometrics Bodies, Technologies, Biopolitics

    Pugliese, Joseph


    Biometric technologies, such as finger- or facial-scan, are being deployed across a variety of social contexts in order to facilitate and guarantee identity verification and authentication. In the post-9/11 world, biometric technologies have experienced an extraordinary period of growth as concerns about security and screening have increased. This book analyses biometric systems in terms of the application of biopolitical power - corporate, military and governmental - on the human body. It deploys cultural theory in examining the manner in which biometric technologies constitute the body as a


    Louis J Virelli III


    Full Text Available The debate over the role of traditionalism in constitutional interpretation has itself become a tradition. It remains a popular and controversial topic among constitutional scholars and presents normative questions that are as divisive, difficult, and important today as at the Founding. Missing from the discussion, however, is a comprehensive account of how the Supreme Court has employed traditionalism-an approach that looks for meaning in present manifestations of longstanding practices or beliefs-in its constitutional jurisprudence. This project is the first to fill this gap by providing an exhaustive and systematic analysis of the Court's use of constitutional traditionalism. This article focuses on the Roberts Court's first five terms to provide an empirical foundation that will not only offer previously unavailable insights into the Court's current traditionalist practices, but will also set forth a useful framework for the ongoing normative debate over traditionalism. This project uses content analysis of key terms to identify every instance in which the Roberts Court employed traditionalism to interpret the Constitution. More specifically, this project set out to answer the following three questions: First, how frequently does the Roberts Court employ traditionalism in its constitutional jurisprudence? Second, how robust is the Court's use of traditionalism (i.e., is it used to interpret a broad or narrow range of constitutional provisions? And finally, how often and in what contexts do individual Justices on the Roberts Court rely on traditionalism in their own constitutional opinions? The research provided here suggests answers to all three of these questions. First, the data indicate that traditionalism has been relied upon regularly by the Roberts Court, appearing in nearly half of the Court's constitutional cases. Second, traditionalism is frequently applied to a wide variety of constitutional provisions: Two-thirds of the

  14. Constitutional Interpretation as Constitutional Creation: The 1999-2000 Harry Eckstein Lecture

    Murphy, Walter


    This paper starts from what I take as two plain facts of political life: First, the maintenance of any constitutional order whatsoever requires some constitutional interpretation; and, second, the complex normative bases of constitutional democracy cause this necessity to operate especially often. Next comes the gist of the paper, the argument that, in a constitutional democracy, interpreters must exercise a wide range of discretion that inevitably allows, in fact frequently requires, a degre...




    Full Text Available What seems relevant to us for highlighting in this study is the approach of the ministerial liability within the Romanian constitutional and legal system starting with the first document of constitutional value, namely the Developing Statute of the Paris Convention of 1858 until today, that is the Constitution of Romania, revised in 2003 and republished. Having in view that this is a generous study topic covering over 150 years of constitutional and legal evolution of ministerial liability in Romania, it is necessary to specify from the very beginning the need of a diachronic approach of this topic by identifying all Romanian Constitutions that have regulated the constitutional system during this period of time. Moreover, we have to specify that, during this period of time, Romania has experienced several forms of governance, namely monarchy, people’s republic, socialist republic and semi-presidential republic. With this approach, the proposed study opens a complex and complete yet not exhaustive vision in the current scope of the ministerial liability. It is also the reason why the study begins with preliminary considerations in which the terminology used in the content of the study is justified. Following a key-scheme, there are successively examined the two major parts of the study, namely the general theory regarding the concepts of ministerial responsibility and liability and the Romanian constitutional, legal and doctrinaire milestones of the ministerial liability.

  16. Elastic-plastic constitutive modeling of concrete

    The need to understand concrete behavior under high temperatures in the nuclear industry has become rather accute. For this purpose, a constitutive model of concrete especially developed for this severe environment is indispensable. This report reviews the presently available constitutive models of concrete at standard-temperature conditions and considers their advantages and drawbacks. A rather simple but effective approach is selected to treat concrete behavior at high temperatures. Special emphasis is devoted to the modeling of concrete up to and including failure. The derived constitutive model is checked with biaxial and triaxial benchmark experimental results. Very good agreement is obtained

  17. The constitutional control system in Colombia

    Luis Javier Moreno Ortiz


    Full Text Available The system of constitutional control in Colombia designed in the Legislative Act n.º 3 of 1910 is a milestone in a long and fruitful political and constitutional tradition owes much to his Hispanic roots and its American developments. Both the public action of unconstitutionality as the plea of unconstitutionality have clear precedents in the constitutionalism of Spain and the Colony were prepared by a Constituent Assembly acted with knowledge and faithfulness to that tradition and have been and are institutions of our capital social and democratic state of law.

  18. Constitutional notes on the atomic law

    Both in jurisdiction and in literature increasingly more individuals are doubling the constitutionality of the atomic law, especially its terms concerning permissions, because as they say, the legislator has not made the necessary guiding decisions. The following essay proves that, within the frame of the atomic law, the legislation has made the decisions which are necessary according to the Federal Constitutional Law. This shows that a legal alteration of the terms concerning permissions is not necessary, at least as far as constitutional reasons are concerned. (orig.)

  19. Competition And Antitrust Law In Ecuadorian Constitution

    Marcelo Marín Sevilla


    Full Text Available This work allows us to establish the Economic Constitution and the Competition Law (C.L in the Constitution. Additionally, the paper analyzes whether the rules outlined in the C. L. and in doctrine are consistent and appropriate with the Constitution of Ecuador. The Competition and Antitrust Laws has rules for investigating and punishing the cartels, the abuses of power market (dominant position, the rules for merger control, the behaviors of Abuse of economic dependence, and unfair competition behaviors. Always the Antitrust Authority will analyze these behaviors in terms of welfare of both: the consumer and the market.

  20. Constitutive equation of concrete: Mesomechanical isotropic model

    Kafka, Vratislav; Vokoun, David


    Roč. 1, č. 2 (2005), s. 183-193. ISSN 1573-6105 Institutional research plan: CEZ:AV0Z20710524 Keywords : plasticity * constitutive modeling * concrete * mesomechanics Subject RIV: JI - Composite Materials

  1. The moral reading of the British constitution

    Lakin, S. J.


    This thesis investigates the philosophical assumptions which underpin established theories of the British constitution, paying particular attention to the influence of traditional (and sometimes outdated) theories of legal positivism. I attempt to identify, analyze and challenge these assumptions, exploring how recent developments in legal theory can inform and enrich our approach to British constitutional theory. Drawing, in particular, on the anti-positivist theory of Ronald Dworkin, I cont...

  2. Conflicts-Law Constitutionalism: Ambitions and Problems

    Joerges, Christian


    "Conflicts-law constitutionalism" seeks to defend the rule of law and the idea of law-mediated legitimacy in the postnational constellation. The idea of its "three dimensional" differentiation responds to general developments of legal systems, namely the emergence of legal frameworks for regulatory politics and for governance arrangements. These developments have been observed within constitutional democracies and intensively discussed in the 1970s by legal theorists and sociologists, thereaf...

  3. Spanish Constitution and Education. Parliamentary debates

    Juan Carlos Hernández Beltrán


    Alter thirty years of being passed the spanish Constitution in 1978, the aim of this paper try to remind the on-going debates celebrated at the House of Representatives about one of the most controversy issues: the education. Through the parliamentary debates we can take into account the political figh- ting between the differents parties on how education should be set up in Spanish democracy. Finally, the Constitution shows a balance between the recognition of right of education and the free...

  4. Ethnicity and constitutionalism in contemporary Ethiopia

    Abbink, J.


    According to the policy of the government of the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF), ethnic identity is the ideological basis of Ethiopia's political organization and administration and as such has been enshrined in the Federal Constitution of December 1994. Yet the Constitution's explicit reinstatement of ethnicity in law coincides with a politico-economic situation which has made ethnoregional groups more interdependent than ever before, and where the central State ha...

  5. Democracy, Citizen Sovereignty and Constitutional Economics

    Vanberg, Viktor J.


    This paper is an exercise in conceptual clarification. Its purpose is to explore the contribution that constitutional economics can make to the theory of democracy. Constitutional economics as the economics of rules is concerned with the study of how the choice of rules in the social, economic and political realm affects the nature of the processes of human interaction that evolve within these rules. The theory of democracy is concerned with institutionalorganizational problems of self-govern...

  6. Constitutional exceptionalism and the common law

    Poole, Thomas


    This paper examines the notion of exceptionalism, currently pervasive within constitutional discourse. The term ‘exceptionalist’ is used in this context to indicate a measure which deviates from normal constitutional standards and is, by virtue of that deviation, seen as inappropriate or regrettable. The paper avoids a direct focus on the debate about terrorism, concentrating instead on more conceptual matters – and particularly the ‘fit’ between this discourse and the ‘common law constitutio...

  7. Constitutional Design and Conflict Management in Africa

    Kuperman Alan J.


    The CDCM project explores whether and how constitutional reform could reduce political instability and violence in Africa, by addressing the question in three steps. First, case studies of seven African countries identify how at key turning points the domestic political institutions either mitigated – or exacerbated – violent outcomes. Second, an unprecedented database of constitutional design in all of Africa reveals that most countries on the continent have highly centralized political inst...

  8. Towards a Constitutional Theory of Corporate Governance

    Matthias Benz; Frey, Bruno S.


    The idea that there is a uniformly �optimal� governance structure for corporations features prominently in current debates and policy proposals. In this paper, we propose a different, constitutional theory of corporate governance: the criterion for a good corporate governance structure is whether it is freely chosen by the shareholders. We illustrate our approach by comparing the constitutional rights of shareholders under US corporate law and Swiss corporate law. Moreover, we discuss the...

  9. Urgency of Attorney Governed by the Constitution

    Rommy Patra


    Full Text Available Attorney existence in the Indonesian constitutional structure has a dilemma for this position. On one side is the Prosecutor’s law enforcement agencies to exercise power independently prosecution while on the other hand is part of a government institution under Law No. 16 of 2004 regarding the Attorney. The position of Attorney as an institution of government has been led to the independence of the Prosecutor is not optimal so that it appears stigma that the Prosecutor merely as a tool of the ruling power. In addition the terms of the arrangement just under the Act, the Attorney General has no legal standing as a constitutional organ that has the constitutional authority so that the current position does not reflect the urgency of its duties and functions. In an effort to organize the next Attorney institutions should be regulated directly by the Constitution. It is intended to make the Attorney as part of the main state organs have the same legal standing as other law enforcement agencies, the police and the courts (Supreme Court and Constitutional Court. As well as to strengthen and clarify the position as a state institution, prosecution authorities are focusing on the Attorney as central of authority, to fix the institutional relations between the members of law enforcement and related agencies and strengthen the independence of the Prosecutor in performing the function of prosecution in the constitutional structure of Indonesia.

  10. Bonding a linearly piezoelectric patch on a linearly elastic body

    Licht, Christian; Orankitjaroen, Somsak; Viriyasrisuwattana, Patcharakorn; Weller, Thibaut


    A rigorous study of the asymptotic behavior of the system constituted by a very thin linearly piezoelectric plate bonded on a linearly elastic body supplies various models for an elastic body monitored by a piezoelectric patch. xml:lang="fr"

  11. Rate constitutive theories for ordered thermofluids

    Surana, K. S.; Nunez, D.; Reddy, J. N.; Romkes, A.


    The paper considers developments of constitutive theories in Eulerian description for compressible as well as incompressible ordered homogeneous and isotropic thermofluids in which the deviatoric Cauchy stress tensor and the heat vector are functions of density, temperature, temperature gradient, and the convected time derivatives of the strain tensors of up to a desired order. The fluids described by these constitutive theories are called ordered thermofluids due to the fact that the constitutive theories for the deviatoric Cauchy stress tensor and heat vector are dependent on the convected time derivatives of the strain tensor up to a desired order, the highest order of the convected time derivative of the strain tensor in the argument tensors defines the `order of the fluid'. The admissibility requirement necessitates that the constitutive theories for the stress tensor and heat vector satisfy conservation laws, hence, in addition to conservation of mass, balance of momenta, and conservation of energy, the second law of thermodynamics, that is, Clausius-Duhem inequality must also be satisfied by the constitutive theories or be used in their derivations. If we decompose the total Cauchy stress tensor into equilibrium and deviatoric components, then Clausius-Duhem inequality and Helmholtz free energy density can be used to determine the equilibrium stress in terms of thermodynamic pressure for compressible fluids and in terms of mechanical pressure for incompressible fluids, but the second law of thermodynamics provides no mechanism for deriving the constitutive theories for the deviatoric Cauchy stress tensor. In the development of the constitutive theories in Eulerian description, the covariant and contravariant convected coordinate systems, and Jaumann measures are natural choices. Furthermore, the mathematical models for fluids require Eulerian description in which material point displacements are not measurable. This precludes the use of displacement

  12. Ultima Ratio as a Constitutional Principle

    Kaarlo Tuori


    Full Text Available The paper argues the criminal law notion of ultima ratio is an instance of a broader constitutional law principle of proportionality. However, ultima ratio is not the only principle relevant in a constitutional assessment of criminalization. The role of ultima ratio is to impose limitations on criminalization. But constitutional doctrines also exist which call for criminalization and might even be seen as establishing a criminalization obligation. The paper examines three constitutional counter weights to ultima ratio. The first of these is discussed in the context of state constitutions. This is the cluster of the interrelated constitutional doctrines of the horizontal effect of fundamental rights and the protective duty of the state, as well as the understanding of collective security as a basic right. These doctrines are analysed in the light of the praxis of the German Constitutional Court and the Finnish Constitutional Law Committee. The two other constitutional counterweights are discussed at the level of the transnational, European constitution. These are the principles of precaution and effectiveness. Este artículo defiende que el concepto de ultima ratio es una instancia más amplia del principio de proporcionalidad dentro del derecho constitucional. Sin embargo, el ultima ratio no es el único principio relevante en la valoración constitucional de la criminalización. El papel del ultima ratio es imponer límites a la criminalización. Pero también existen doctrinas constitucionales que exigen la criminalización e incluso dan pie a entender que obligan a establecer una pena. El documento examina tres contrapesos constitucionales al ultima ratio. En primer lugar, se analiza en el contexto de las constituciones estatales. Este es el conjunto de las doctrinas constitucionales interrelacionadas entre el efecto horizontal de los derechos fundamentales y el deber de protección del Estado, así como la asunción de la seguridad colectiva

  13. Enslaved Constitution: Obstructing the Freedom to Travel

    Mitchell F. Crusto


    Full Text Available Does the Constitution protect a citizen’s intra-state travel (within a state from unjustified state prohibition? To date, the Supreme Court has not ruled directly on the issue, and many federal courts believe that the right to intrastate travel is not constitutionally protected. This Article explores the constitutional right of intra-state travel that is free from wrongful state infringement along public roadways by law-abiding citizens. Using critical legal history, this Article poses that federal courts’ denial of the right to intrastate travel consciously or unconsciously reflects the antebellum, Southern legal doctrine of people as property, which regulated the travel of enslaved African descendants.The constitutionality of intra-state travel arose most recently during the Hurricane Katrina Crisis when the City of Greta, Louisiana police barricaded a federal highway, denying would-be evacuees the ability to flee from the flooding City of New Orleans. In an ensuing action for infringement of the would-be evacuees’ constitutional right to intra-state travel, Federal District Judge Mary Ann Vial Lemmon dismissed the matter in Dickerson v. City of Gretna, holding that “[w]hile there is no doubt that a fundamental right of interstate travel exists, the Supreme Court has not ruled on whether a right of intra[-]state travel exists. This Court declines to find that there is a fundamental right to intra[-]state travel.” The Fifth Circuit affirmed the ruling.This Article recommends that when federal courts assess whether there is a constitutional right to intra-state travel, they should embrace the American paradigm of liberty and abandon the antebellum, Southern paradigm of enslavement. Consistent with Professor Derrick Bell’s “interestconvergence” principle, all Americans benefit when the Constitution protects the human rights of the least powerful American.

  14. Health care law versus constitutional law.

    Hall, Mark A


    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status. PMID:23262771

  15. A constitutive theory of reacting electrolyte mixtures

    Costa Reis, Martina; Wang, Yongqi; Bono Maurizio Sacchi Bassi, Adalberto


    A constitutive theory of reacting electrolyte mixtures is formulated. The intermolecular interactions among the constituents of the mixture are accounted for through additional freedom degrees to each constituent of the mixture. Balance equations for polar reacting continuum mixtures are accordingly formulated and a proper set of constitutive equations is derived with basis in the Müller-Liu formulation of the second law of thermodynamics. Moreover, the non-equilibrium and equilibrium responses of the reacting mixture are investigated in detail by emphasizing the inner and reactive structures of the medium. From the balance laws and constitutive relations, the effects of molecular structure of constituents upon the fluid flow are studied. It is also demonstrated that the local thermodynamic equilibrium state can be reached without imposing that the set of independent constitutive variables is time independent, neither spatially homogeneous nor null. The resulting constitutive relations presented throughout this work are of relevance to many practical applications, such as swelling of clays, developing of bio and polymeric membranes, and use of electrorheological fluids in industrial processes. The first author acknowledges financial support from National Counsel of Technological and Scientific Development (CNPq) and German Academic Exchange Service (DAAD).

  16. Linguistic Diversity within the Integrated Constitutional Space

    Francesco Palermo


    Full Text Available The language issue within the European constitutional space is one of the most fascinating challenges to supranational integration. On the one hand, the principle of equal standing of all official and working languages is constantly reaffirmed; on the other hand the necessity to simplify the European Babel on the basis of a more functional consideration of the language issue seems unavoidable. Several solutions have been proposed both by scholars and by European institutions. The paper argues that there is an intimate contradiction in today’s linguistic policy in the EU, oscillating between the need to simplification and the constitutional duty to respect linguistic pluralism as imposed by the member states. In fact, the language issue is just the mirror of the constitutional law of integration as a whole. Looking closer at the constitutional dimension of supranational integration cal help better address the language issue too. The analysis is divided in four parts, dealing respectively with the role and the limits of law in matters of language, the present allocation of competences in language-issues, the development of the concept of “integrated constitutional space”, and its legal nature under the viewpoint of the language dimension, elaborating some tentative proposals.

  17. Nuclear energy and the constitutional state

    This article puts the main emphasis on the problems of the constitutional principles of democracy, federalism, peaceful living together of peoples and constitutional state, i.e. problems caused by the development of nuclear energy. The fact that these problems are explained by way of the example of Switzerland, does not reduce the validity of the findings also for the German constitutional system, since the problems are identical and comparable. A long-term goal is a state theory which helps to define the aims and tasks of the state under technical, social, economic and cultural conditions of the end of the 20th and perhaps of the 21st century. Nuclear technology challenges the modern Western state and puts to the test the firmness of its legitimacy basis and the efficiency of its principles. It was conceived in a time which is separated from the present by technological revolutions. Safeguarding of humanity is aim and obligation of the modern constitutional state; the constitutional state stipulates the rules of conduct and, if the state remains true to its claim, it sets the procedures and the organization which give due priority order to the development of modern technology. (orig./HSCH)

  18. The constitutional momentum of European contract law (II): The DCFR and the European constitutional order

    Mak, C.


    This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is submitted that the further harmonisation of European contract law may contribute to the definition of the European constitutional order both on the institutional level (regarding the forms in which Eur...

  19. Constitutional Fundamentals of Conscription and Some Aspects of the Ordinary Legal Regulation of Constitutionality

    Kenstavičienė Kristina


    Full Text Available Article 139 of the Constitution of the Republic of Lithuania is one of the constitutional fundamentals of state defense and stipulates the defense of the state as the right of citizens on the one hand and the duty on the other. This article of the Constitution gives the legislative power the right of discretion to detail by law the order of the implementation of citizens’ duty to perform military or alternative country defense service. Due to the reorganization of the armed forces into a professional and volunteer army, the issue of some ordinary regulation rules concerning the constitutionality of nationwide conscription, though at present suspended but not abolished, is becoming urgent. Though the Constitutional Court of the Republic of Lithuania presented their ruling on the constitutionality of the suspension of military conscription, it does not mean that all problems related to conscription have been settled. The aim of this article is to analyze the constitutional basis of nationwide conscription as well as the constitutionality of some ordinary regulation provisions related to nationwide conscription. Therefore, the issue to be analyzed is whether nationwide conscription, if it were to be implemented, complies with the constitutional principles of human equality and military justice1. Consequently, the question is posed how the constitutional objective of ensuring the defense of the state determines conscription. Because of the growing employment of the army abroad, yet the dwindling demand for conscripts, it should be explored whether the suspension of the nationwide conscription as a part of the defense reform is further feasible in order to guarantee the defense of the state. In answering the raised questions, the author will analyze the abundant and long-lasting constitutional doctrine of Germany which provides clarifications of the Basic Law, as the legal act of the establishing power, which can doubtless be of assistance in

  20. Cultural, social and economic rights in the Constitution corpus and Constitutional Court’s Case Law

    Patricio Rubio


    This article deals with Cultural, Social and Economic Rights established in the Constitution and in Constitutional Case Law. So, after explaining its nature, state’s role according preservation and enforceability,relationship with other fundamental rights, among other key points, it isi ntended to answer, dealing with those rights, which of two scenarios have prevailed: internationalization of constitutional law or constitutionalization of international law.

  1. Extended constitutive laws for lamellar phases

    Chi-Deuk Yoo


    Full Text Available Classically, stress and strain rate in linear viscoelastic materials are related by a constitutive relationship involving the viscoelastic modulus G(t. The same constitutive law, within Linear Response Theory, relates currents of conserved quantities and gradients of existing conjugate variables, and it involves the autocorrelation functions of the currents in equilibrium. We explore the consequences of the latter relationship in the case of a mesoscale model of a block copolymer, and derive the resulting relationship between viscous friction and order parameter diffusion that would result in a lamellar phase. We also explicitly consider in our derivation the fact that the dissipative part of the stress tensor must be consistent with the uniaxial symmetry of the phase. We then obtain a relationship between the stress and order parameter autocorrelation functions that can be interpreted as an extended constitutive law, one that offers a way to determine them from microscopic experiment or numerical simulation.

  2. Constitutionality of the Atomic Energy Act

    Roma locuta, causa finita. The Federal Constitutional Court declared in its decree of 8 August 1978 the peaceful uses of nuclear energy (Paragraph 7 sub-section 1 and 2 Atomic Energy Act) in NPPs of the so-called fast breeder type as constitutional for the time being. The excellent simplicity of the explanations, namely about the anavoidability and social adequancy of the so-called residual risk in a highly technical society and about the determining influence of practical ratio as a measure for the estimation of the residual risk which must be born by all citizens, creates a good clarification on the level of constitutional law. However, it remains, to be seen whether the decree can give the administrative courts any orientation help in the future and whether it will lead to an improved legal protection of all participants and a more effective handling of administrative processes. (orig.)

  3. Acoustomechanical constitutive theory for soft materials

    Xin, Fengxian; Lu, Tian Jian


    Acoustic wave propagation from surrounding medium into a soft material can generate acoustic radiation stress due to acoustic momentum transfer inside the medium and material, as well as at the interface between the two. To analyze acoustic-induced deformation of soft materials, we establish an acoustomechanical constitutive theory by combining the acoustic radiation stress theory and the nonlinear elasticity theory for soft materials. The acoustic radiation stress tensor is formulated by time averaging the momentum equation of particle motion, which is then introduced into the nonlinear elasticity constitutive relation to construct the acoustomechanical constitutive theory for soft materials. Considering a specified case of soft material sheet subjected to two counter-propagating acoustic waves, we demonstrate the nonlinear large deformation of the soft material and analyze the interaction between acoustic waves and material deformation under the conditions of total reflection, acoustic transparency, and acoustic mismatch.

  4. The Role of Traditional Authorities in Developing Customary Laws in Accordance with the Constitution: Shilubana and Others v Nwamitwa 2008 (9) BCLR 914 (CC)

    Mmusinyane, B


    South African customary law is a body of law by which many South Africans regulate their lives in a multicultural society. South Africa's constitutional dispensation is based on the premise that all existing laws are subject to the Constitution of the Republic of South Africa 1996, including African customary law, and that all laws are limited only by the Constitution. Customary law existed long before the adoption of the Constitution which, among other things, aims at harmonising the differe...

  5. A Federal Constitution for the European Union

    Sweeney, Richard J.


    A constitution is more likely to be accepted if it federalizes those issues that arewidely seen as needing complete harmonization. A constitution is more likely to endure if thefederal government does not have powers that are not vital to it but which may alienate somemember states to the point...... that the federal government loses legitimacy. It appears vital tohave trade policy at the European Union level; for euro countries, monetary policy is alreadyfederalized. It is not clear that common foreign and defense policies are needed; insisting oncommon foreign and defense policies may lead to conflicts...

  6. Body Odor

    ... Health Medical Conditions Nutrition & Fitness Emotional Health Body Odor Posted under Health Guides . Updated 29 October 2014. + ... guy has to deal with. What causes body odor? During puberty, your sweat glands become much more ...

  7. Body Hygiene

    ... Home Diaper-Changing Steps for Childcare Settings Body Hygiene Dental Hygiene Water Fluoridation Facial Cleanliness Fish Pedicures and ... spread of hygiene-related diseases . Topics for Body Hygiene Facial Cleanliness Dental Hygiene Water Fluoridation Fish Pedicures and Fish Spas ...

  8. Body Image

    ... Help your child have a healthy body image Cosmetic surgery Breast surgery Botox Liposuction Varicose or spider veins Body dysmorphic disorder (BDD) Eating disorders Anorexia nervosa Binge eating ... nervosa Cosmetics and your health Depression during and after pregnancy ...

  9. Body Basics

    ... about how the body works, what basic human anatomy is, and what happens when parts of the body don't function properly. Blood Bones, Muscles, and Joints Brain and Nervous System Digestive System Endocrine System Eyes Female Reproductive System ...

  10. Body embellishment

    Zellweger, Christoph


    The exhibition Body Embellishment explores the most innovative artistic expression in the 21st-century international arenas of body extension, augmentation, and modification, focusing on jewelry, tattoos, nail arts, and fashion. The areas of focus are jewelry, tattoos, nail arts, and fashion. Avant-garde jewelry consciously engages the body by intersecting and expanding the planes of the human form. Tattoos are at once on and in the body. Nail art, from manicures to pedicures, has humble ...

  11. Body Clock



    Body clocks” are biological methods of controling body activities.Every living thing has one. In humans, a body clock controls normal periods of sleeping and waking. It controls the time swhen you are most likely to feel pain.Eating, sleeping and exercising at about the same time each day will help keep body activities normal. But changes in your life, a new job, for example, destroy the balance and thus cause health problems.

  12. Constitutive gene expression and specification of tissue identity in adult planarian biology

    Reddien, Peter W.


    Planarians are flatworms that constitutively maintain adult tissues through cell turnover and can regenerate entire organisms from tiny body fragments. In addition to requiring new cells (from neoblasts), these feats require mechanisms that specify tissue identity in the adult. Critical roles for Wnt and BMP signaling in regeneration and maintenance of the body axes have been uncovered, among other regulatory factors. Available data indicate that genes involved in positional identity regulati...

  13. The negotiation of The Constitution of Romania of 1923 and The Constitution of Romania of 1991

    Ivona-Arina Raef


    In the present study the author is trying to find if there was a negotiation between main parties regarding The Constitution of Romania of 1923 and The Constitution Of Romania of 1991 or if there was a project imposed by one party to the others.

  14. 77 FR 57981 - Constitution Day and Citizenship Day, Constitution Week, 2012


    ..., Constitution Week, 2012 #0; #0; #0; Presidential Documents #0; #0; #0;#0;Federal Register / Vol. 77 , No. 181... Citizenship Day, and September 17 through September 23, 2012, as Constitution Week. I encourage Federal, State... of the United States of America the two hundred and thirty- seventh. (Presidential Sig.) [FR...

  15. Institute of constitutional revision in the Constitution of the Republic of Albania, comparative view

    Makbule Çeço


    Full Text Available In its very dynamic essence, a democratic society bears the need for continuous reformation and perfection, and that is why the application of reforms represents an inseparable feature for this type of society. The consolidation of the rule of law, the institutional independence, and the cause of justice itself comprise, inter alia, the need for constitutional revision. This study puts forward a theoretical-historical comparative view of the relevant and dynamic issue of the institute of constitutional revision in the framework of the Constitution of the Republic of Albania, as a complex process accompanied by limitations on constitutional revision. The historical evolution of constitutional drafting, modern constitutions, relevant issues, political and social circumstances as well as drafting and adoption procedures, dynamism of constitutions to cope with the course of time achieved by revisions for the purpose of their stability as well as consolidation of the role of constitutions as a factor that facilitates and precedes social development, comprise the pillar of this study addressed in a comparative point of view.

  16. Constitutive model with time-dependent deformations

    Krogsbøll, Anette


    common in time as well as size. This problem is adressed by means of a new constitutive model for soils. It is able to describe the behavior of soils at different deformation rates. The model defines time-dependent and stress-related deformations separately. They are related to each other and they occur...

  17. Constitutive and ligand-induced TCR degradation

    von Essen, Marina; Bonefeld, Charlotte Menné; Siersma, Volkert;


    divergent models for TCR down-regulation and degradation have been suggested. The aims of this study were to determine the rate constants for constitutive and ligand-induced TCR degradation and to determine whether the TCR subunits segregate or are processed as an intact unit during TCR down-regulation and...

  18. Rapping the 27 Amendments to the Constitution

    Knaresborough, Adam


    Early in the year, the students of history and government at Mountain View High School in Stafford, Virginia, began to devise hand motions to help memorize the 27 amendments to the Constitution for government class. Three students in the school who are interested in hip hop music then suggested composing a rap song about the topic. Working with…

  19. Constitutive behavior of reconsolidating crushed salt

    The constitutive model used to describe deformation of crushed salt is presented in this paper. Two mechanisms--dislocation creep and grain boundary diffusional pressure solutioning--are combined to form the basis for the constitutive model governing deformation of crushed salt. The constitutive model is generalized to represent three-dimensional states of stress. Recently completed creep consolidation tests are combined with an existing database that includes hydrostatic consolidation and shear consolidation tests conducted on Waste Isolation Pilot Plant (WIPP) and southeastern New Mexico salt to determine material parameters for the constitutive model. Nonlinear least-squares model fitting to data from shear consolidation tests and a combination of shear and hydrostatic tests produces two sets of material parameter values for the model. Changes in material parameter values from test group to test group indicate the empirical nature of the model but show significant improvement over earlier work. To demonstrate the predictive capability of the model, each parameter value set was used to predict each of the tests in the database. Based on fitting statistics and ability of the model to predict test data, the model appears to capture the creep consolidation behavior of crushed salt quite well

  20. Crushed-salt constitutive model update

    Modifications to the constitutive model used to describe the deformation of crushed salt are presented in this report. Two mechanisms--dislocation creep and grain boundary diffusional pressure solutioning--defined previously but used separately are combined to form the basis for the constitutive model governing the deformation of crushed salt. The constitutive model is generalized to represent three-dimensional states of stress. New creep consolidation tests are combined with an existing database that includes hydrostatic consolidation and shear consolidation tests conducted on Waste Isolation Pilot Plant and southeastern New Mexico salt to determine material parameters for the constitutive model. Nonlinear least-squares model fitting to data from the shear consolidation tests and a combination of the shear and hydrostatic consolidation tests produced two sets of material parameter values for the model. The change in material parameter values from test group to test group indicates the empirical nature of the model but demonstrates improvement over earlier work with the previous models. Key improvements are the ability to capture lateral strain reversal and better resolve parameter values. To demonstrate the predictive capability of the model, each parameter value set was used to predict each of the tests in the database. Based on the fitting statistics and the ability of the model to predict the test data, the model appears to capture the creep consolidation behavior of crushed salt quite well

  1. The Constitutionality of DNA Sampling of Arrestees

    Anip Patel


    Full Text Available This article addresses whether the DNA Act (which requires DNA samples from arrestees passes constitutional muster. I argue that the act is constitutional and that if society believes the collection of DNA from arrestees violates an individual’s privacy, it should seek legislative resolution and not seek the protection of the Fourth Amendment of the Constitution. Throughout my analysis, I demonstrate why DNA collection is constitutional and how it is necessary. Part I of this article examines the history of DNA sampling, case law establishing an arrestee’s expectation of privacy, and the applicable Fourth Amendment tests. Part II examines the arguments for and against DNA sampling by considering case law at the state and federal level, and explores the significance of junk DNA and the treatment of abandoned DNA. Part III is the personal analysis section, which argues that the totality of circumstances test is the proper test. I apply the test to determine that there is minimal intrusion of an arrestee’s expectation of privacy through DNA sampling, a legitimate governmental interest, and that warrants are unnecessary. Further, the section demonstrates why DNA sampling is a natural progression from fingerprint collection, and the section analyzes abandoned DNA and DNA sampling. Part IV concludes the article by stating that the Fourth Amendment is not violated and that society must turn to Congress to seek greater protection.

  2. Globalization of Constitutional Law and Civil Rights.

    Weissbrodt, David


    Two issues are discussed: (1) reasons for raising global and international human rights issues in constitutional law, civil rights, and administrative law courses in United States law schools; and (2) barriers to globalization of courses and ways to overcome them. (MSE)

  3. A New Perspective on Teaching Constitutional Law

    Rosenblum, Robert


    The author suggests that a major failure of most law schools and traditional undergraduate constitutional law courses is that they omit an adequate analysis of the political nature of the judicial process. Political influences on a variety of court cases are discussed. (LBH)

  4. Children's Constitutional Rights: Interpretations and Implications.

    Sametz, Lynn; And Others


    Discusses a brief historical overview of constitutional law as it applies to children, delineated in the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. Emphasizes the need for school psychologists and educators to have an understanding of children's developing legal rights. Specific court cases are cited. (Author/JAC)

  5. Does the Constitution Protect the Despised?

    Roe, Richard L; And Others


    Presented is the history of the Scottsboro case, in which eight Black men were found guilty and sentenced to death for raping two White women in Alabama. At the heart of the Scottsboro trials was the issue of whether the U.S. Constitution established standards of justice in state criminal trials. (RM)

  6. Constitution 200: A Bicentennial Collection of Essays.

    Hepburn, Mary A., Ed.; And Others

    Constitutional essays which formed the basis of public assemblies throughout three states are compiled in this book. The first three essays consider the U.S. government principles of federalism, judicial review, and the separation of powers. Michael L. Benedict proposes that the question of ultimate sovereignty has been answered differently by…

  7. Ethnicity and constitutionalism in contemporary Ethiopia

    Abbink, J.


    According to the policy of the government of the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF), ethnic identity is the ideological basis of Ethiopia's political organization and administration and as such has been enshrined in the Federal Constitution of December 1994. Yet the Constituti

  8. Comparison of Constitutional Spirit Between United States and China



    This paper compares the differences in constitutional spirit between United States and China, and then brings out the influence of the constitutional spirit in United States to the constitutional spirit in China.

  9. 78 FR 39721 - Constitution Pipeline Company, LLC; Notice of Application


    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Constitution Pipeline Company, LLC; Notice of Application Take notice that on June 13, 2013, Constitution Pipeline Company, LLC (Constitution), having its principal place...


    Lebedeva Е.A; Zaichenko A.A.


    Aim: the current study examines features and correlations of particular psychodynamic, dermatoglyphic characteristics and body constitution of men with paranoid schizophrenia. Study groups: 25 men having the "paranoid schizophrenia" (F20.0), 27 men having no mental diseases. Methods: psychodiagnostic tests (Hand test, the Big Five Inventory (BFI)), anthropometry; dactyloscopy. Results: there were statistically significant differences in such personality factors as: extroversion and ...

  11. GHS-R1a constitutive activity and its physiological relevance



    Full Text Available Abundant evidences have shown that ghrelin, by its binding to GHS-R1a, plays an important role for fundamental physiological functions. Increasing attention is given to the GHS-R1a unusually high constitutive activity and its contribution to downstream signalling and physiological processes. Here, we review recent lines of evidences showing that the interaction between ligand-binding pocket TM domains and the ECL2 could be partially responsible for this high constitutive activity. Interestingly, GHSR-1a constitutive activity activates in turn the downstream PLC, PKC and CRE signalling pathways and this activation is reversed by the inverse agonist [D-Arg1, D-Phe5, D-Trp7,9, Leu11]-substance P (MSP. Noteworthy, GHSR-1a exhibits a C-terminal-dependent constitutive internalization. Non-sense GHS-R1a mutation (Ala204Glu, first discovered in Moroccan patients, supports the role of GHSR-1a constitutive activity in physiological impairments. Ala204Glu-point mutation, altering exclusively the GHSR-1a constitutive activity, was associated with familial short stature syndrome. Altogether, these findings suggest that GHS-R1a constitutive activity could contribute to GH secretion or body weight regulation. Consequently, future research on basic and clinical applications of GHS-R1a inverse agonists will be challenging and potentially rewarding.

  12. Constitutional thinness and anorexia nervosa: a possible misdiagnosis?

    Estour, Bruno; Galusca, Bogdan; Germain, Natacha


    Clinical and biological aspects of restrictive anorexia nervosa (R-AN) are well documented. More than 10,000 articles since 1911 and more than 600 in 2013 have addressed R-AN psychiatric, somatic, and biological aspects. Genetic background, ineffectiveness of appetite regulating hormones on refeeding process, bone loss, and place of amenorrhea in the definition are widely discussed and reviewed. Oppositely, constitutional thinness (CT) is an almost unknown entity. Only 32 articles have been published on this topic since 1953. Similar symptoms associating low body mass index, low fat, and bone mass are reported in both CT and R-AN subjects. Conversely, menses are preserved in CT women and almost the entire hormonal profile is normal, except for leptin and PYY. The aim of the present review is to alert the clinician on the confusing clinical presentation of these two situations, a potential source of misdiagnosis, especially since R-AN definition has changed in DSM5. PMID:25368605

  13. Federal Constitutional Court, decision of 8 July 1982 ('Whyl')

    The Federal Constitutional Court with its decision of July 8, 1982 dismissed the action of the Sasbach Gemeinde which launched an appeal against the judgments of the Baden-Wuerttemberg Higher Administrative Court (of Oct. 17, 1980) and the Federal Administrative Court (of July 17, 1980), by which actions of said Gemeinde to annul the construction licence for unit I (South) of the Wyhl reactor were dismissed. The Federal Constitutional Court decision states that the Gemeinde as a corporate body, and not acting to perform its duties as a local authority, may not claim legal protection on the basis of Art. 14, para. 1, sentence 1 of the Basic Law. Also, the decision states, the interpretation and appropriate application of section 3, (1) of the Nuclear Installations Ordinance does not represent an infringement of the rights guaranteed by Art. 19, para. 4, sencentence 1 of the Basic Law. Nor could the Court see any reasons indicating an offense against Art. 103, (1) of the Basic Law. (HP)

  14. Constitutive modelling of dual phase steel sheet and tube

    Thompson, A. C.; Salisbury, C. P.; Worswick, M. J.; Mayer, R.


    Automobile manufacturers are currently striving to improve vehicle fuel efficiency through reduction of vehicle weight. Dual phase steels are good candidates for automotive bodies due to their high strength-to-weight ratio, and good formablity and weldability. As part of a project on the interaction between forming and crashworthiness, constitutive parameters of a dual phase steel were determined for both sheet and tube stock in order to support analysis of the tube response throughout forming processes and in crash simulations. Stress - strain data was collected at a quasi-static rate as well as rates from 0.1 to 1500 s - 1. The intermediate strain rate response was captured using an instrumented falling weight tensile tester (35 100 s - 1), while a tensile split Hopkinson bar (500 1500 s - 1) was used to capture the high-rate response. This range of strain rates is typical of the rates seen in a crash simulation. Tests were also performed at higher temperatures (150°C and 300°C) at rates of 500 and 1500 s - 1 to capture the thermal softening response. The dual phase steel sheet and tube show an appreciable amount of strain rate sensitivity throughout the complete range of strain rates. It also exhibited a large amount of thermal softening. The thermal sensitivity is identical for the sheet and tube. Fits to the Johnson-Cook constitutive model were obtained from the experimental results.

  15. Constitutional change, legislative performance and institutional consolidation

    Figueiredo Argelina Cheibub


    Full Text Available The article examines the effects of changes in constitutional and internal legislative regulations on the performance of the House of Representatives in law making. It presents an analysis of the flow of bills in the Lower House and the legal output in the post 1988 Constitution period, showing, on the one hand, the importance of the executive in the definition of the legislative agenda and its preponderance in legislative outcomes and, on the other hand, the role of the college of leaders, to the detriment of the standing committees, in the organization of the legislative work. The authors argue, against the conventional wisdom on Brazilian politics, that the legislature cannot be viewed as an obstacle to executive action.

  16. Thermodynamic watershed hydrological model: Constitutive relationship


    The representative elementary watershed (REW) approach proposed by Reggiani et al. was the first attempt to develop scale adaptable equations applicable directly at the macro scale. Tian et al. extended the initial definition of REW for simulating the energy related processes, and re-organized the deriving procedure of balance equations so that additional sub-regions and substances could be easily incorpo-rated. The resultant ordinary differential equation set can simulate various hydro-logical processes in a physically reasonable way. However, constitutive and geo-metric relationships have not been developed for Tian et al.’s equation set, which are necessary for the thermodynamic watershed hydrological model to apply in hydrological modeling practice. In this work, the constitutive equations for mass exchange terms and momentum exchange terms were developed as well as geo-metric relationships. The closed ordinary differential equation set with nine equa-tions was finally obtained.

  17. Canada's constitutional separation of (wind) power

    This paper investigates the impact that a federal government structure has on strategic selection of renewable energy policy instruments. The context for this study centers on wind power development in Canada. Canada is a nation that is blessed by all the attributes necessary to catalyze global leadership in installed wind power capacity. Unfortunately, the constitutional separation of powers that underpins Canada's federal system impedes the creation of a national wind power development strategy because Canada's provinces have constitutional authority over electricity governance. The insights gleaned from the case study are used to develop a conceptual framework for understanding the impact that federal structure has on policy instrument selection and efficacy under areas of federal, regional and concurrent policy jurisdiction. Finally, this framework is re-applied to identify specific approaches the Canadian federal government could take to resolve what currently amounts to be a fragmented, ineffective approach to wind power development planning.

  18. Constitutive relations for multiphase flow modeling

    Jacobs, H.; Vaeth, L.; Thurnay, K. [Forschungszentrum Karlsruhe GmbH Technik und Umwelt (Germany). Inst. fuer Neutronenphysik und Reaktortechnik


    The constitutive relations that are used in the three-field fluid dynamics code IVA-KA for determining the drag in three-phase mixtures and the heat transferred by radiation are described together with some comparisons of calculational results with experiments. In these experiments (QUEOS), large quantities of solid particles are injected into water. Potential deficiencies of the present drag model are discussed. (author)

  19. The Dynamic Efficiency of Regulatory Constitutions

    Gilbert, Richard J; Newbery, David M.


    In this article, we model regulation as a repeated game between a utility facing a random sequence of demands and a regulator tempted to underreward past investment. Rate-of-return regulation designed with a constitutional commitment to an adequate rate of return on capital prudently invested is able to support an efficient investment program as a subgame-perfect Nash equilibrium for a larger set of parameter values than rate-of-return regulation without such a commitment. Furthermore, rate-o...

  20. Tunnel modelling: stress release and constitutive aspects

    Gerheim Souza Dias, Tiago; Bezuijen, Adam


    Tunnel construction in soft ground has evolved significantly over the last 20 years, especially on the matter of settlement control. This was achieved by guiding theTBM operation to control the main factors that induced soil displacements, like the face pressure and the soil-lining void closure. However, the design methods and numerical modeling procedures where not adapted to these new conditions, sometimes applying boundary conditions, constitutive parameters or state variables with no phys...

  1. The Eurozone Crisis: A Constitutional Analysis

    Anna Sting


    “Every power comes through crisis” has long been a motif of European integration. The financial and sovereign debt crises, which have shaken the European Union (EU) in recent years, are at first glance no different. Treaty reforms, intergovernmental treaties such as the Fiscal Compact and the Treaty Establishing a European Stability Mechanism (ESM Treaty) have significantly altered the constitutional landscape of the EU and its Member States. The crisis has also inspired many European legal s...

  2. The Eurozone Crisis: A Constitutional Analysis

    Anna Sting


    “Every power comes through crisis” has long been a motif of European integration. The financial and sovereign debt crises, which have shaken the European Union (EU) in recent years, are at first glance no different. Treaty reforms, intergovernmental treaties such as the Fiscal Compact and the Treaty Establishing a European Stability Mechanism (ESM Treaty) have significantly altered the constitutional landscape of the E...

  3. The constitution of the corpus of research

    Reinoldo Marquezan


    This study will reflect on the construction of an object of research: the discursive corpus of analysis from the file constituted by the Special Education law. It is anchored in the theoretical device of the french discourse analysis inaugurated by Michel Pêcheux. The construction of a research object requires the consideration of some factors: object, question and research problem. It requires a broad preliminary exploration of the subject to insert the research in a theoretical chart settin...

  4. Unified viscoplastic constitutive equations and their applications

    Lindholm, U. S.


    Unified constitutive equations for time- and temperature-dependent metallic plastic deformation have been applied in FEM simulations of forming processes; increasingly powerful computational tools and physical models are being used to numerically model complex engineering problems. Once confidence has been gained through adequate verification, these numerical models will increasingly replace experimental models. Attention is presently given to the contributions made by physical metallurgy, continuum mechanics, and computational mechanics.

  5. Linguistic Diversity within the Integrated Constitutional Space

    Francesco Palermo


    The language issue within the European constitutional space is one of the most fascinating challenges to supranational integration. On the one hand, the principle of equal standing of all official and working languages is constantly reaffirmed; on the other hand the necessity to simplify the European Babel on the basis of a more functional consideration of the language issue seems unavoidable. Several solutions have been proposed both by scholars and by European institutions. The paper argues...

  6. Black Holes Constitute All Dark Matter

    Frampton, Paul H.


    The dimensionless entropy, ${\\cal S} \\equiv S/k$, of the visible universe, taken as a sphere of radius 50 billion light years with the Earth at its "center", is discussed. An upper limit ($10^{112}$), and a lower limit ($10^{102}$), for ${\\cal S}$ are introduced. It is suggested that intermediate-mass black holes (IMBHs) constitute all dark matter, and that they dominate ${\\cal S}$.

  7. A constitutive law for degrading bioresorbable polymers.

    Samami, Hassan; Pan, Jingzhe


    This paper presents a constitutive law that predicts the changes in elastic moduli, Poisson's ratio and ultimate tensile strength of bioresorbable polymers due to biodegradation. During biodegradation, long polymer chains are cleaved by hydrolysis reaction. For semi-crystalline polymers, the chain scissions also lead to crystallisation. Treating each scission as a cavity and each new crystal as a solid inclusion, a degrading semi-crystalline polymer can be modelled as a continuum solid containing randomly distributed cavities and crystal inclusions. The effective elastic properties of a degrading polymer are calculated using existing theories for such solid and the tensile strength of the degrading polymer is predicted using scaling relations that were developed for porous materials. The theoretical model for elastic properties and the scaling law for strength form a complete constitutive relation for the degrading polymers. It is shown that the constitutive law can capture the trend of the experimental data in the literature for a range of biodegradable polymers fairly well. PMID:26971070

  8. Governmental control of public expenditure in the constitutional State: thoughts regarding General Comptroller sanctioning powers approval on functional administrative responsibility

    Erika García Cobián Castro


    Full Text Available Constitutional doctrine has little addressed on the General Comptroller of the Republic and its controlling function of public resources execution and management. Efforts have been made to explain this situation in other realities, regarding high budgetary, accounting and auditing content needed to carry out auditing activities constitutionally assigned to this kind of entities. Nevertheless, identifying competences of the General Comptroller of the Republic and its nature of autonomous constitutional body shapes an important expression of Constitutional State and the principle of powers division. This entity controls State’s Public Budget execution contributing to constitutional property protection, legality of budget implementation and the appropriate management of public resources, also the «efficiency» of social needs, proper functioning of public administration and prevention of corruption, among others duties. This article analyzes the constitutional mission of the General Comptroller in a Constitutional State promoting the process of given a constitutional status to the legal system in its area of influence, also optimizing constitutional properties protected. For such purpose, the 29622 recent law («Law that modifies the 27785 Organic Law of National Control System and the General Comptroller of the Republic extending powers in order to sanction in accordance of functional administrative responsibility» shall be used as object of constitutional analysis.

  9. Body punk

    Mogensen, Kevin

    BODYPUNK - A Treatise on male body builders and the meaning of the body in the shadow of an Anti Doping Campaign Based on a qualitative study, the thesis investigates the visual representation of the male bodybuilder found in the national anti doping campaign: ‗ "The hunt has begun" along with an...... analysis of the embodied meaning of men‘s bodybuilding....

  10. Body Weight and Body Image

    McFarlane Traci; Olmsted Marion P


    Abstract Health Issue Body weight is of physical and psychological importance to Canadian women; it is associated with health status, physical activity, body image, and self-esteem. Although the problems associated with overweight and obesity are indeed serious, there are also problems connected to being underweight. Weight prejudice and the dieting industry intensify body image concerns for Canadian women and can have a major negative impact on self-esteem. Key Findings Women have lower BMIs...

  11. The constitutional implications of the rise of the SNP

    McHarg, Aileen


    The UK Constitutional Law Association blog has asked constitutional lawyers to review the main party manifestos ahead of the May elections, drawing out key constitutional proposals. Below Aileen McHarg discussed the constitutional implications of the rise of the SNP.

  12. 29 CFR 402.1 - Labor organization constitution and bylaws.


    ... 29 Labor 2 2010-07-01 2010-07-01 false Labor organization constitution and bylaws. 402.1 Section... constitution and bylaws. Every labor organization shall adopt a constitution and bylaws consistent with the... a constitution and bylaws which it has previously adopted and under which it is operating when...

  13. The Law of the Constitution: A Bicentennial Lecture.

    Meese, Edwin, III

    This paper discusses the distinction between the Constitution and constitutional law. The Constitution is the fundamental law of the United States. It creates the institutions of government, enumerates the powers of these institutions, and delineates areas government may not enter. The Constitution is the instrument by which the consent of the…

  14. Power: Constitutional Update. Bar/School Partnership Programs Series.

    American Bar Association, Chicago, IL. Special Committee on Youth Education for Citizenship.

    The fourth in a special series of handbooks dealing with constitutional themes, this document looks at power in the context of the U.S. Constitution. "The Constitution's Prescription for Freedom" (L. Peach) examines the separation of powers provided for in the Constitution. "The Concept of Power" (C. Roach) is a series of strategies, some using…

  15. Condition and body constitution of soccer players in category U19 before and after completing a preparatory period [Kondice a tělesné složení u fotbalistů kategorie U19 před a po absolvování přípravného období

    František Langer


    Full Text Available BACKGROUND: The level of one's conditioning predisposition and somatic factors are one of the main components determining the quality of an individual's performance in soccer. OBJECTIVE: The aim of this study was to evaluate changes in selected motor, functional and somatic parameters of soccer players in category U19, who completed the long used model of a training program employed in the preparatory period of soccer players. METHODS: The monitored group was composed of 14 players from SK Sigma Olomouc in category U19. The categories being evaluated comprised: their starting and acceleration speeds in the 10 m, 30 m and 30 m sprint with a flying start, the vertical jump, the isokinetic muscular strength of the knee joint and their maximum aerobic capacity. Of the monitored somatic factors attention was mainly focused on body height and weight, percentage of body fat, quantity of fat free mass and the overall amount of water in their bodies. RESULTS: From the spectrum of examined motor and functional parameters the only value that changed significantly with the players was the average value of VO2max from 56.65 to 58.85–1.min–1 (p = 0.04. Among the somatic factors a significant decrease was seen with the values of the Body Mass Index from 22.51 to 22.28 kg.m–2 (p = 0.03. CONCLUSIONS: In the context of the players' performance the expected changes of the monitored parameters were not observed. It is believed that the traditional model of soccer players' preparation does not lead to the desired changes in conditioning and somatic parameters.[VÝCHODISKA: Úroveň kondičních předpokladů a somatických faktorů je jednou z hlavních komponent rozhodujících o kvalitě výkonu jednotlivce ve fotbale. CÍLE: Cílem studie bylo posoudit změny vybraných motorických, funkčních a somatických parametrů u fotbalistů kategorie U19, kteří absolvovali dlouhodobě využívaný model tréninkového programu uplatňovaného v p


    Luminita DRAGNE


    The Constitution is the fundamental law of a State, its supremacy is ensured by a special and complex mechanism called the control of the constitutionality of laws. For this purpose it was created an effective mechanism resulted in a legal institution called review the constitutionality of laws and that includes all procedures that ensure the supremacy of the Constitution. The notion of control of constitutionality of laws means all methods through which the verification of compliance with co...

  17. The new Swaziland constitution and its impact on media freedom

    Richard Rooney


    This paper examines media freedom in Swaziland since the kingdom's new constitution came into effect in 2006. Despite the constitution, Swaziland remains a non-democracy and there continues to be a restrictive media environment. The paper tackles three research questions: (i) How repressive were media laws in Swaziland before the constitution came into effect? (ii) What does the 2006 constitution say about media freedom? (iii) To what extent has the constitution improved media freedom? The pa...

  18. Habermas on European Constitution and European Identity

    Éva Biró-Kaszás


    Full Text Available For the last two decades or so philosophers have been reflecting on a set of practical and political concerns in connection with the new political structural arrangements beyond the nation-state. In this article two essays by Jürgen Habermas shall be examined. An attempt shall be made to tackle Habermas’ philosophical concepts of personal and collective identity as well as the role that a constitution may play in building the post-national constellation. It has been shown that Habermas has normative answers. Firstly, according to him, the fragile balance between the legal order and the particular cultures and traditions of a community has to be protected by the constitutional state. For that reason the political culture has to be “decoupled” from the majority culture. Secondly, the democratically structured attempt to achieve shared meaning has to find the delicate balance between the context-transcending universal normative claims and the claims of particular individual and collective life. Thirdly, it is possible to expand legally mediated civil solidarity trans-nationally, across Europe – we may recognize this development as the emergence of European identity –, since the process of democratic will-formation of citizens may get loose from the structures provided by the state if both shared democratic political cultures as well as a European-wide public sphere exist. The European Constitution may have a catalytic function in materialization of these conditions. It has been shown that in his deliberations Habermas tried to find a reflective equilibrium between the normative and the empirical.

  19. The Constitutional Deficiencies of the German 'Rechtsgutslehre'

    Carl-Friedrich Stuckenberg


    Full Text Available This paper questions the theoretical merits and constitutional validity of the “Rechtsgutslehre” (doctrine of the protection of legal goods, a widely held doctrine about the limits of legitimate criminalization in Germany and some other jurisdictions. The immediate cause for this reassessment is a recent decision of the German constitutional court which upheld the German incest prohibition and simultaneously rejected the traditional “Rechtsgutslehre” as constitutionally irrelevant, thereby stirring up considerable controversy among academic criminal lawyers. The paper tries to show why the court’s view is correct by pointing out the main deficiencies of the doctrine and what criteria a better theory must fulfil. Este artículo cuestiona los méritos teóricos y la validez constitucional de la "Rechtsgutslehre" (doctrina de la protección de los bienes jurídicos, una doctrina muy extendida acerca de los límites de la criminalización legítima en Alemania y algunas otras jurisdicciones. La causa inmediata de esta nueva valoración es una decisión reciente del Tribunal Constitucional alemán que ratificó la prohibición del incesto en Alemania y al mismo tiempo rechazó el tradicional "Rechtsgutslehre" por ser constitucionalmente irrelevante, lo que provocó una considerable controversia entre la comunidad académica de abogados criminalistas. El artículo trata de mostrar por qué la decisión de la corte es correcta, señalando las deficiencias principales de la doctrina y los criterios que una teoría más adecuada debe cumplir. DOWNLOAD THIS PAPER FROM SSRN:

  20. Constitutional aspects of a nuclear power phaseout

    In the current political debate in Germany about the Federal Government's plans to opt out of nuclear power, the time horizon for implementation of the policy and the nuclear power phaseout is a focal point of interest. This aspect is discussed from the angle of German constitutional law. The author analyses in this context the protective scope of Art. 14 GG (German Basic Law), relating to the protection of ownership rights and the principle of legal protection for bona fide acts, which is a vital aspect for the nuclear industry and the power industry. (orig./CB)

  1. Identification of constitutive parameters for fractional viscoelasticity

    Xiao, Zhao; Haitian, Yang; Yiqian, He


    This paper develops a numerical model to identify constitutive parameters in the fractional viscoelastic field. An explicit semi-analytical numerical model and a finite difference (FD) method based numerical model are derived for solving the direct homogenous and regionally inhomogeneous fractional viscoelastic problems, respectively. A continuous ant colony optimization (ACO) algorithm is employed to solve the inverse problem of identification. The feasibility of the proposed approach is illustrated via the numerical verification of a two-dimensional identification problem formulated by the fractional Kelvin-Voigt model, and the noisy data and regional inhomogeneity etc. are taken into account.

  2. Constitutive modeling for isotropic materials (HOST)

    Chan, Kwai S.; Lindholm, Ulric S.; Bodner, S. R.; Hill, Jeff T.; Weber, R. M.; Meyer, T. G.


    The results of the third year of work on a program which is part of the NASA Hot Section Technology program (HOST) are presented. The goals of this program are: (1) the development of unified constitutive models for rate dependent isotropic materials; and (2) the demonstration of the use of unified models in structural analyses of hot section components of gas turbine engines. The unified models selected for development and evaluation are those of Bodner-Partom and of Walker. A test procedure was developed for assisting the generation of a data base for the Bodner-Partom model using a relatively small number of specimens. This test procedure involved performing a tensile test at a temperature of interest that involves a succession of strain-rate changes. The results for B1900+Hf indicate that material constants related to hardening and thermal recovery can be obtained on the basis of such a procedure. Strain aging, thermal recovery, and unexpected material variations, however, preluded an accurate determination of the strain-rate sensitivity parameter is this exercise. The effects of casting grain size on the constitutive behavior of B1900+Hf were studied and no particular grain size effect was observed. A systematic procedure was also developed for determining the material constants in the Bodner-Partom model. Both the new test procedure and the method for determining material constants were applied to the alternate material, Mar-M247 . Test data including tensile, creep, cyclic and nonproportional biaxial (tension/torsion) loading were collected. Good correlations were obtained between the Bodner-Partom model and experiments. A literature survey was conducted to assess the effects of thermal history on the constitutive behavior of metals. Thermal history effects are expected to be present at temperature regimes where strain aging and change of microstructure are important. Possible modifications to the Bodner-Partom model to account for these effects are outlined

  3. The Right to Water: A Constitutional Perspective

    Kothari, Jayna


    Introduction This paper examines the justiciability of social rights, looking particularly at the Right to Water as part of the all encompassing Right to Life. The Right to water in India has been protected as a fundamental human right by the Indian Supreme Court emanating from the Right to Life guaranteed under Article 21 of the constitution. The right to life has been expanded to include the right to health and the right to a clean environment. In India, there have also been significant dev...

  4. Numerically abnormal chromosome constitutions in humans



    Chapter 24, discusses numerically abnormal chromosome constitutions in humans. This involves abnormalities of human chromosome number, including polyploidy (when the number of sets of chromosomes increases) and aneuploidy (when the number of individual normal chromosomes changes). Chapter sections discuss the following chromosomal abnormalities: human triploids, imprinting and uniparental disomy, human tetraploids, hydatidiform moles, anomalies caused by chromosomal imbalance, 13 trisomy (D{sub 1} trisomy, Patau syndrome), 21 trisomy (Down syndrome), 18 trisomy syndrome (Edwards syndrome), other autosomal aneuploidy syndromes, and spontaneous abortions. The chapter concludes with remarks on the nonrandom participation of chromosomes in trisomy. 69 refs., 3 figs., 4 tabs.

  5. Labour’s 'Juridification' of the Constitution.

    Masterman, R.M.W.


    This article responds to a number of points made by Mark Bevir in his article ‘The Westminster Model, Governance and Judicial Reform’ [Parliamentary Affairs 61 (2008), 559–77], in which Bevir highlights the ‘increasing role of the courts in the processes of collective decision-making’ which has been the result of, inter alia (but of particular importance to Bevir's argument), the passage and implementation of the Human Rights Act 1998 and the Constitutional Reform Act 2005. This article puts ...


    M. Madhavi Latha


    The main aim of polygraph test is to detect the truth from criminal. polygraph is scientific form of investigating tools. The main object of polygraph test is to go in the root of truth as well as to reduce the criminal behavior in society. But today one of the biggest legal controversies which around this Test are alleged violation of the fundamental rights against self incrimination guaranteed under Article 20(3) of the Indian Constitution. Therefore the researcher has tried to discuss the ...

  7. Constitutive equations for polycrystalline void-containing materials and initiation of shear fracture

    A survey is given of the basic variants of constitutive equations with void nucleation and growth, including relations for shear and bifurcation analysis. The theory for modeling deformation of bodies containing inhomogeneities in form of layers is described, and the results of model calculations of strain concentration and localization are summarized and compared with experimental fracture strain values. Constitutive equations are suggested for the analysis of superposition of the effects of two processes promoting strain localization, viz., crystallographical slip and void growth. The properties of the model are demonstrated and the results are compared with experimental data from the investigation of ductile fracture. (author). 5 figs., 3 tabs., 34 refs

  8. Body lice

    Lice - body; Pediculosis corporis; Vagabond disease ... Diaz JH. Lice (pediculosis). In: Bennett JE, Dolin R, Blaser MJ, eds. Mandell, Douglas, and Bennett's Principles and Practice of Infectious Diseases . 8th ...

  9. Bog bodies

    Lynnerup, Niels


    the bog bodies have been studied using medical and natural scientific methods, and recently many bog bodies have been re-examined using especially modern, medical imaging techniques. Because of the preservation of soft tissue, especially the skin, it has been possible to determine lesions and trauma......In northern Europe during the Iron Age, many corpses were deposited in bogs. The cold, wet and anaerobic environment leads in many cases to the preservation of soft tissues, so that the bodies, when found and excavated several thousand years later, are remarkably intact. Since the 19th century....... Conversely, the preservation of bones is less good, as the mineral component has been leached out by the acidic bog. Together with water-logging of collagenous tissue, this means that if the bog body is simply left to dry out when found, as was the case pre-19th century, the bones may literally warp...

  10. [Animal protection in constitutional law?--On the necessity of including animal protection in the constitution].

    Caspar, J


    The inclusion of animal protection in the constitution poses a lengthy legal-political demand, which is again being vehemently discussed at the present time. Under consideration of juristic aspects, the following treatise attempts to clarify the legal requirements which presently exist for anchoring animal protection in constitutional law. It is therefore necessary in the first instance to explain the present situation regarding animal protection law. The legal situation in this respect is marked by a fundamental collision between special democratic rights guaranteed by the constitution on the one hand, and the norms of animal protection law on the other hand, which tend to restrict these rights. Based on concrete examples taken from court decisions, it is shown that constitutional vacuum surrounding a major part of animal protection law greatly complicates or even renders impossible the application and enforcement of the latter in practice. A prerequisite for a proper legal framework for animal protection is that the different special basic democratic rights governing animal use must be counterpoised by animal protection laws backed up by the constitution. Only by this means it is possible to prevent the ineffectiveness of animal protection legislative norms in the long term. PMID:9581372

  11. Constitutive model for coupled inelasticity and damage

    A constitutive model to describe a coupling between deformation and damage due to creep of polycrystalline metallic materials is developed from phenomenological and continuum mechanics points of view. The constitutive modeling is based on the irreversible thermodynamics for internal state variable theories, where the thermodynamic potentials, i.e., free energy and dissipation energy functions, are defined using hardening and damage variables. The material damage is assumed to be isotropic. We first derive a damage coupled kinematic-hardening model in the invariant form on the basis of the Malinin-Khadjinsky model. Then, an isotropic-hardening model which includes a coupling with damage is formulated by assuming a particular representation of the kinematic hardening variable. The evolution equation of the hardening variable is prescribed by the Bailey-Orowan format which includes the effect of damage. The damage rate is governed by the magnitude of the assumed strain hardening variable. These models can describe a transition from primary to tertiary creep stages, and it is applicable to variable loading conditions. In a particular case the expression for the creep rupture time has a similar form to the Kachanov-Rabotnov type, although it depends on the time and damage at the instant of a hardening saturation under the applied stress condition. (author)

  12. The Eurozone Crisis: A Constitutional Analysis

    Anna Sting


    Full Text Available “Every power comes through crisis” has long been a motif of European integration. The financial and sovereign debt crises, which have shaken the European Union (EU in recent years, are at first glance no different. Treaty reforms, intergovernmental treaties such as the Fiscal Compact and the Treaty Establishing a European Stability Mechanism (ESM Treaty have significantly altered the constitutional landscape of the EU and its Member States. The crisis has also inspired many European legal scholars to critically analyse the EU’s system of economic governance, as have other events throughout the history of the European Union, from the Empty Chair Crisis to the referenda in the aftermath of the Treaty of Maastricht and the failure of the Constitution for the European Union. What does seem to be different is the way in which scholars approach the issue of the Eurozone crisis. Instead of a purely legal perspective on economic governance, European legal scholars have realised that in order to understand and analyse the euro crisis, interdisciplinarity is the word of the moment.

  13. Preliminary Test for Constitutive Models of CAP

    Choo, Yeon Joon; Hong, Soon Joon; Hwang, Su Hyun; Lee, Keo Hyung; Kim, Min Ki; Lee, Byung Chul [FNC Tech., Seoul (Korea, Republic of); Ha, Sang Jun; Choi, Hoon [Korea Electric Power Research Institute, Daejeon (Korea, Republic of)


    The development project for the domestic design code was launched to be used for the safety and performance analysis of pressurized light water reactors. As a part of this project, CAP (Containment Analysis Package) code has been developing for the containment safety and performance analysis side by side with SPACE. The CAP code treats three fields (vapor, continuous liquid and dispersed drop) for the assessment of containment specific phenomena, and is featured by assessment capabilities in multi-dimensional and lumped parameter thermal hydraulic cell. Thermal hydraulics solver was developed and has a significant progress now. Implementation of the well proven constitutive models and correlations are essential in other for a containment code to be used with the generalized or optimized purposes. Generally, constitutive equations are composed of interfacial and wall transport models and correlations. These equations are included in the source terms of the governing field equations. In order to develop the best model and correlation package of the CAP code, various models currently used in major containment analysis codes, such as GOTHIC, CONTAIN2.0 and CONTEMPT-LT are reviewed. Several models and correlations were incorporated for the preliminary test of CAP's performance and test results and future plans to improve the level of execution besides will be discussed in this paper

  14. Constitutive equations for an electroactive polymer

    Tixier, Mireille; Pouget, Joël


    Ionic electroactive polymers can be used as sensors or actuators. For this purpose, a thin film of polyelectrolyte is saturated with a solvent and sandwiched between two platinum electrodes. The solvent causes a complete dissociation of the polymer and the release of small cations. The application of an electric field across the thickness results in the bending of the strip and vice versa. The material is modeled by a two-phase continuous medium. The solid phase, constituted by the polymer backbone inlaid with anions, is depicted as a deformable porous media. The liquid phase is composed of the free cations and the solvent (usually water). We used a coarse grain model. The conservation laws of this system have been established in a previous work. The entropy balance law and the thermodynamic relations are first written for each phase and then for the complete material using a statistical average technique and the material derivative concept. One deduces the entropy production. Identifying generalized forces and fluxes provides the constitutive equations of the whole system: the stress-strain relations which satisfy a Kelvin-Voigt model, generalized Fourier's and Darcy's laws and the Nernst-Planck equation.

  15. 29 CFR 452.18 - Constitutional officers.



  16. Constitutional and thermal defects in UAl4

    We investigated the point defect structure of oI20 UAl4 in order to study aluminum diffusion. We performed ab initio calculations within a pseudopotentials method implemented in the Vienna Ab initio Simulation Package (VASP) to obtain point defect formation energies: vacancies (VU and VAl ) and antisites (AlU and UAl ). Using a statistical-thermodynamic model we calculated defects concentrations as function of temperature and deviation from stoichiometry. For stoichiometric UAl4, the dominant thermal defects are composed of two antisites. In off-stoichiometric UAl4, antisites are the constitutional defects. For U-rich UAl4, the thermal defect is called interbranch, where one antisite U atom is replaced by five Al vacancies. For Al-rich UAl4, the thermal defect is also an interbranch, where four antisite Al atoms are replaced by five U vacancies

  17. What Constitutes 'Failure to Notify' National Measures?

    Gáspár-Szilágyi, Szilárd


    “The inclusion of article 260(3) TFEU adopted as part of the Lisbon Treaty changed the landscape of infringement proceedings. The provision grants the Commission the power to propose monetary sanctions already during the initial Court litigation against a Member State that ‘failed to notify......’ national measures transposing a directive. This article analyses the concept of ‘failure to notify’ and points out that the current interpretation adopted by the Commission is only one of several possible interpretations. The author concludes that article 260(3) TFEU as it stands now is vaguely drafted and...... is prone to lead to judicial uncertainty. It further increases the already heavily criticized Commission discretion. Furthermore, the lack of proper guidelines of what constitutes ‘failure to notify’ can lead to the arbitrary launching of non-communication proceedings as well as further complicate...

  18. The constitution of the corpus of research

    Reinoldo Marquezan


    Full Text Available This study will reflect on the construction of an object of research: the discursive corpus of analysis from the file constituted by the Special Education law. It is anchored in the theoretical device of the french discourse analysis inaugurated by Michel Pêcheux. The construction of a research object requires the consideration of some factors: object, question and research problem. It requires a broad preliminary exploration of the subject to insert the research in a theoretical chart setting out the fundamental concepts that the researcher mobilize. It is necessary to do some cuttings that imply in discourses’ reading, description and interpretation. Based on this interpretation, it produces new senses, because it promotes new information about the formulated questions.

  19. The EU and Constitutionalism in Egypt

    Seeberg, Peter


    surprising development in the region. This article analyses how strategic relations between the EU and Egypt are being challenged by constitutional changes in Egypt following the political development since early 2011. Initially the article describes European-Egyptian relations prior to the fall of President...... Hosni Mubarak by briefly going back to early contacts between the EEC and President Gamal Abdel Nasser and how more elaborate agreements developed up to recent times. Taking this historical point of departure the article characterizes the role of the EU in connection with the development since the start......The academic works on transition processes following the Arab revolts in the Middle East since the beginning of 2011 have so far mostly focused on the extraordinary character of the events which took place in Tunis, Cairo, Benghazi, etc. - attempting to explain the reasons for the in many ways...

  20. Mood-congruent cognitions constitute mood experience.

    Siemer, Matthias


    Three studies tested the assumption of a dispositional theory of moods that mood-related cognitions constitute essential parts of the phenomenal mood experience. In Study 1, after a hot- versus a cold-, sad-, or angry-mood induction, participants reported their momentary moods and their momentary mood-related cognitions. Self-reported moods and mood-related cognitions changed in a strictly parallel fashion in all mood induction groups. A mediation analysis showed that the influences of distraction on moods were completely mediated by changes in mood-related cognitions. Study 2 replicated the central findings of Study 1 with a musical mood induction procedure. Study 3 showed that the findings do not depend on the explicit manipulation of moods. The results support the tested assumption. PMID:16187865

  1. Signifying Bodies

     In our everyday lives we strive to stay healthy and happy, while we live as our selves, engage with each other, and discover an infinite world of possibilities. Health arises and diminishes as human beings draw on a vibrant ecology of actions, interactions and coactions. Intricate processes of...... biosemiosis connect signifying bodies with their natural surroundings, cultural activities and subjective experiences. Health stretches all the way from the ecosocial surroundings, through the skin and into the self-organizing processes of every living cell. Signifying Bodies lays out a new approach to health...... and health care. Eschewing all forms of dualism, the authors emphasise the interdependency of how we act, think, feel and function. They advocate a relational turn in health care, in which bodies live and learn from suffering and care. In this view, health is inseparable from both living beings and...

  2. Body Imaging


    The high-tech art of digital signal processing (DSP) was pioneered at NASA's Jet Propulsion Laboratory (JPL) in the mid-1960s for use in the Apollo Lunar Landing Program. Designed to computer enhance pictures of the Moon, this technology became the basis for the Landsat Earth resources satellites and subsequently has been incorporated into a broad range of Earthbound medical and diagnostic tools. DSP is employed in advanced body imaging techniques including Computer-Aided Tomography, also known as CT and CATScan, and Magnetic Resonance Imaging (MRI). CT images are collected by irradiating a thin slice of the body with a fan-shaped x-ray beam from a number of directions around the body's perimeter. A tomographic (slice-like) picture is reconstructed from these multiple views by a computer. MRI employs a magnetic field and radio waves, rather than x-rays, to create images.

  3. 75 FR 57835 - Constitution Day and Citizenship Day, Constitution Week, 2010


    ... Citizenship Day, and September 17 through September 23, 2010, as Constitution Week. I encourage Federal, State... two hundred and thirty-fifth. (Presidential Sig.) [FR Doc. 2010-23898 Filed 9-21-10; 11:15 am] Billing... From the Federal Register Online via the Government Publishing Office ] Part II The...

  4. Pinning down the Constitution: Interactively Teaching Congress's Power, Federalism, and Constitutional Interpretation

    Emenaker, Ryan


    "Pin-the-Tail-on-the-Constitution" is an engaged-learning activity that has been conducted in 26 classes over the past four years. The activity teaches multiple themes commonly included in a variety of courses on American politics such as federalism, congressional powers, the role of the federal courts, and the relevance of the commerce…

  5. 78 FR 57777 - Constitution Day and Citizenship Day, Constitution Week, 2013


    .... (Presidential Sig.) [FR Doc. 2013-23014 Filed 9-18-13; 11:15 am] Billing code 3295-F3 ... From the Federal Register Online via the Government Publishing Office ] Vol. 78 Thursday, No. 182 September 19, 2013 Part IV The President Proclamation 9019--Constitution Day and Citizenship...

  6. 76 FR 58705 - Constitution Day and Citizenship Day, Constitution Week, 2011


    ....) [FR Doc. 2011-24438 Filed 9-20-11; 11:15 am] Billing code 3195-W1-P ... From the Federal Register Online via the Government Publishing Office ] Vol. 76 Wednesday, No. 183 September 21, 2011 Part V The President Proclamation 8714--Constitution Day and Citizenship...


    Dr. Rambir Sharma


    The Universal Declaration of Human Rights is generally agreed to be the foundation of international human rights law. Adopted almost 66 years ago, the Universal Declaration of Human Rights (UDHR) has inspired a rich body of legally binding international human rights treaties and human rights development worldwide. It continues to be an inspiration to us all whether in addressing injustices, in times of conflicts, in societies suffering repression, and in our efforts towards achieving universa...

  8. Body Rainbow


    Phubu did not know how long hehad walked after leaving Baxoi, buthe did know that he was halfwaybetween home and Lhasa. Feelingthe weight of the sack containingPhumo's body on his back, Fhubuhad calmed down from the grief anddesperation. He had just one wish:to carry Phumo to Lhasa. He knewthat Phumo had gone, and her soulwas no longer in this body. But hewas determined to finish the trip, notonly because he had promised so, butalso that he believed that it would beredemption for him.

  9. Sacralising Bodies

    Kaur, Ravinder


    sacralisation is realised through co-production within a social setting when the object of sacralisation is recognised as such by others. In contemporary Iran, however, the moment of sacralising bodies by the state is also the moment of its own subversion as the political-theological field of martyrdom is......-sacrifice became central to the mass mobilisation against the monarchy. Once the revolutionary government came into existence, this sacred tradition was regulated to create ‘martyrs’ as a fixed category, in order to consolidate the legacy of the revolution. In this political theatre, the dead body is a site of...

  10. The Theory of Global Governance, Constitutionalization and Comparative Constitutional Law

    Blahož, Josef


    Roč. 3, č. 3 (2013), s. 195-207. ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : globalization of political culture * global constitutionalism * comparative constitutional law Subject RIV: AG - Legal Sciences