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Sample records for body constitution

  1. Implicit constitutive relations for nonlinear magnetoelastic bodies.

    Science.gov (United States)

    Bustamante, R; Rajagopal, K R

    2015-03-08

    Implicit constitutive relations that characterize the response of elastic bodies have greatly enhanced the arsenal available at the disposal of the analyst working in the field of elasticity. This class of models were recently extended to describe electroelastic bodies by the present authors. In this paper, we extend the development of implicit constitutive relations to describe the behaviour of elastic bodies that respond to magnetic stimuli. The models that are developed provide a rational way to describe phenomena that have hitherto not been adequately described by the classical models that are in place. After developing implicit constitutive relations for magnetoelastic bodies undergoing large deformations, we consider the linearization of the models within the context of small displacement gradients. We then use the linearized model to describe experimentally observed phenomena which the classical linearized magnetoelastic models are incapable of doing. We also solve several boundary value problems within the context of the models that are developed: extension and shear of a slab, and radial inflation and extension of a cylinder.

  2. CLASSICS On the Constitution of Bodies

    Indian Academy of Sciences (India)

    IAS Admin

    There are three distinctions in the kinds of bodies, or three states, which have more especially claimed the attention of philosophical chemists; namely, those which are marked by the terms elastic fluids, liquids, and solids. A very familiar instance is exhibited to us in water, of a body, which, in certain circumstances, ...

  3. Mathematical description of human body constitution and fatness.

    Science.gov (United States)

    Sheikh-Zade, Yu R; Galenko-Yaroshevskii, P A; Cherednik, I L

    2014-02-01

    Using mathematical modeling of human body, we demonstrated logical drawbacks of body mass index (BMI1 = M/H(2); A. Quetelet, 1832) and proposed more precise body mass index (BMI2 = M/H(3)) as well as body constitution index (BCI = (M/H(3))(1/2)) and fatness index (FI = M/HC(2)), where M, H, and C are body weight, height, and wrist circumference of the individual.

  4. Perspective of the Human Body in Sasang Constitutional Medicine

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    Junhee Lee

    2009-01-01

    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.

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

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    Cheng-Hung Lee

    2015-01-01

    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.

  6. Nutrition, activity behavior and body constitution in primary school children

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    F Carandente

    2009-12-01

    Full Text Available Child and adolescent obesity currently affects at least 10-25�0of the paediatric population in most developed countries. The BMI value is one of the most appropriate method of defining obesity and has a strong association with body fatness and health risk. Two main environmental factors, nutrition and physical activity, could influence paediatric obesity development. This paper studies the relationship between sedentariness, snack and soft drink intake and overweight or obesity in children. 1194 primary school children (age 8-10 participated in the study. For all the subjects we measured the anthropometric data to calculate the BMI. The overweight and obesity prevalence was estimated using age-specific BMI cutoffs. A questionaire was also submitted to all the children by a single interviewer to obtain data about: a Weekly Physical Activity, b Weekly Sedentary Activity, c Alimentary Style. Spearman rank correlation and the Student’s t-test were used. The data demonstrated that 23.2�0of the children is overweight and the 4.8�0obese. BMI is inversely correlated to the physical activity, while there is positive correlation between BMI and number of double portions. Statistically significant positive correlation is present among eating snacks and hours of sedentariness, while there is a negative correlation between physical activity and TV hours. Physical activity in the childhood could be an important tool to prevent obesity development and adult-onset chronic diseases. It is important to encourage an active lifestyle in order to reduce sedentariness.

  7. The body as constitutive element phenomenology and psychoanalysis on our view of ourselves and others.

    Science.gov (United States)

    Monjaraz Fuentes, Paulina; Rojas Hernández, María Del Carmen; Santasilia, Stefano; Monjaraz Fuentes, Fernanda

    2017-12-01

    The aim of this manuscript is to highlight that from the phenomenology and psychoanalysis point of view, the meaning of the notion of the body is different from the medical biologicist discourse. In psychoanalysis, the body is an erogenized body. It is constituted as an object for another self. Similarly, in phenomenology, the body is an own body in first instance. It is the body of a self, rather than a living body and a material body. Both positions enable us to understand how this conceptualization of the body is essential in any human field. Especially in the clinic, the position of the subject before the other will lead to a specific form of intervention. From this understanding of the human body, both phenomenology and psychoanalysis confirm that the biologicist understanding of the body, presumed by all psychological and medical practices, is insufficient.

  8. [Somatic constitution and the ability to maintain dynamic body equilibrium in girls practicing rhythmic gymnastics].

    Science.gov (United States)

    Poliszczuk, Tatiana; Broda, Daria

    2010-01-01

    The greatest similarities in body constitution were noted in competitors practising the same discipline. The similarities increase with the training level. A typical body constitution for a given discipline not only favourably affects athletic performance, but is also the factor preventing sportsrelated contusions. The ability to maintain body equilibrium, together with somatic constitution, are the basic selective criteria in rhythmic gymnastics. The objective of this paper was to determine somatotypes, to evaluate the ability to maintain dynamic body equilibrium in girls practicing rhythmic gymnastics and to develop model characteristics enabling early diagnosis of the disorders equilibrium system function. The sample comprised 19 girls aged 8-11 years, practising rhythmic gymnastics. For the evaluation of the competitors' somatotypes, the Heath-Carter method was used, based on the classic concept of Sheldon's body constitution components. Body equilibrium level was evaluated by means of posturography. The mean values of the endomorphic component I, mesomorphic component II and ectomorphic component III in the gymnasts were 2.65+/-1.29, 2.45+/-0.37 and 3.95+/-0.64 respectively. The mean body mass index (BMI) value for this cohort was 15.32, which means advanced slimness. The level of dynamic equilibrium is determined by the following mean values: the time of reaching the equilibrium, the way of reaching it and the duration of stay at the defined point. The model of above mentioned indicates was developed based on the analysis of it's best results. Body constitution type in the qualified gymnasts is characterised by the prevalence of the ectomorphic component. The study results indicate that female gymnasts are generally slim and lean. It is necessary to monitor BMI in order to exclude weight-related disorders and to observe the changes with age. The poorest result was found when the gymnasts bent in the backward direction as this body position is most difficult

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

    DEFF Research Database (Denmark)

    Kurande, Vrinda; Waagepetersen, Rasmus; Toft, Egon

    2012-01-01

    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...

  10. Somatologic characteristics of biathlon students’ body constitution in predicting of their successfulness

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    S. G. Priymak

    2017-08-01

    Full Text Available Purpose: determination of somatologic characteristics of biathlon students’ body constitution in predicting of their successfulness. Material: in the research the following students participated (n=27, age19-21 years, boys n=17, girls n=10. Quetelet’s, Erisman’s and Piniet’s anthropometric indices were calculated as well as life index. Results: the greatest distinctions between boys and girls were observed by the following absolute indicators: body, trunk and torso lengths; body mass. The least distinctions were by the length of upper and lower limbs, which prevail in boys. In girls we observed noticeable realization of diaphragm breathing. It permits to increase alveolar surface at the cost of lungs’ stretching in longitudinal direction. With it, there was no visible change of chest excursion. Relatively high level of women’s physical fitness conditions asthenia (dolymorphia. It results in approximation of girls’ chest shape to men’s. In boys formation of somatic type is realized at the cost of chest circumferential sizes but directly depends on the strength of hands’ and back’s muscles. Conclusions: for some sport-pedagogic activities (in our case - biathlon certain type of body constitution is intrinsic, which conditions successfulness of professional program realization. Somatic type characterizes compliance and correlation of separated body links. These criteria permit to reduce costly part of future specialist’s training and achieve high results in professional activity.

  11. A Study of Traditional Chinese Medicine Body Constitution Associated with Overweight, Obesity, and Underweight

    Science.gov (United States)

    Li, Mihui; Mo, Shuming; Lv, Yubao

    2017-01-01

    Objective The aim of the study was to investigate the associations among the nine types of body constitution in traditional Chinese medicine (TCM) with the outcomes of overweight, obesity, and underweight. Method Participants aged 30 to 90 years were recruited from communities in Shanghai and assessed using a self-administered questionnaire pertaining to their demographics, lifestyles, and self-reported medical history. The data of 3748 participants with complete information was available for the analysis. Multinomial logistic regression (MLR) analysis was performed to determine the associations among the TCM constitution variables and the health outcomes. Results The standards of classification and determination of the constitution in TCM were used to gauge the patients' constitution type. MLR revealed independent and significant associations among the Qi_Deficient and Yang_Deficient groups with the outcomes of overweight, obesity, and underweight (P underweight (P underweight. On the other hand, positive correlations were found between Phlegm_Dampness and the outcomes of overweight and obesity. PMID:29234426

  12. A Study of Traditional Chinese Medicine Body Constitution Associated with Overweight, Obesity, and Underweight

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    Mihui Li

    2017-01-01

    Full Text Available Objective. The aim of the study was to investigate the associations among the nine types of body constitution in traditional Chinese medicine (TCM with the outcomes of overweight, obesity, and underweight. Method. Participants aged 30 to 90 years were recruited from communities in Shanghai and assessed using a self-administered questionnaire pertaining to their demographics, lifestyles, and self-reported medical history. The data of 3748 participants with complete information was available for the analysis. Multinomial logistic regression (MLR analysis was performed to determine the associations among the TCM constitution variables and the health outcomes. Results. The standards of classification and determination of the constitution in TCM were used to gauge the patients’ constitution type. MLR revealed independent and significant associations among the Qi_Deficient and Yang_Deficient groups with the outcomes of overweight, obesity, and underweight (P<0.10 for all. MLR revealed independent and significant associations among the Qi_Deficient and Yang_Deficient groups with the outcomes of overweight, obesity, and underweight (P<0.05 for all. Conclusion. Our study revealed significant negative correlations between the Qi_Deficient and Yang_Deficient groups with the outcomes of overweight, obesity, and underweight. On the other hand, positive correlations were found between Phlegm_Dampness and the outcomes of overweight and obesity.

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

    International Nuclear Information System (INIS)

    Ali, S.S.Y.

    2012-01-01

    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 .

  14. Feasibility of assessing health state by detecting redox state of human body based on Chinese medicine constitution.

    Science.gov (United States)

    Li, Ling-Ru; Wang, Qi; Wang, Ji; Wang, Qian-Fei; Yang, Ling-Ling; Zheng, Lu-Yu; Zhang, Yan

    2016-08-01

    This article discussed the feasibility of assessing health state by detecting redox state of human body. Firstly, the balance of redox state is the basis of homeostasis, and the balance ability of redox can reflflect health state of human body. Secondly, the redox state of human body is a sensitive index of multiple risk factors of health such as age, external environment and psychological factors. It participates in the occurrence and development of multiple diseases involving metabolic diseases and nervous system diseases, and can serve as a cut-in point for treatment of these diseases. Detecting the redox state of high risk people is signifificantly important for early detection and treatment of disease. The blood plasma and urine could be selected to detect, which is convenient. It is pointed that the indexes not only involve oxidation product and antioxidant enzyme but also redox couple. Chinese medicine constitution reflflects the state of body itself and the ability of adapting to external environment, which is consistent with the connotation of health. It is found that there are nine basic types of constitution in Chinese population, which provides a theoretical basis of health preservation, preventive treatment of disease and personalized treatment. With the combination of redox state detection and the Chinese medicine constitution theory, the heath state can be systemically assessed by conducting large-scale epidemiological survey with classifified detection on redox state of human body.

  15. Gender operations: the film XXY (2007 and the constitution of the body and sex as “natural”.

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    Luciana Fogaça Monteiro

    2009-11-01

    Full Text Available Based on Foucault’s concept of the body as the surface of inscription of history, and on the work of Judith Butler, this article questions the way that binary and normative conceptions of gender operate in the constitution of a field of intelligibility for subjects and their bodies. We analyse the film XXY (2007 that tells the story of Alex, an intersexual adolescent. We use the main character's story to see how gender norms act to shape bodies and limit their pleasures. We argue that subjects and bodies that do not correspond to the normative ideal are seen as “abject bodies”, following Butler’s definition. The argument is that gender norms operate on all bodies: the normal and the abject.

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

    Science.gov (United States)

    Young, Helen

    2016-01-01

    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…

  17. Force, torque, and absorbed energy for a body of arbitrary shape and constitution in an electromagnetic radiation field

    Science.gov (United States)

    Farsund, Ø.; Felderhof, B. U.

    1996-02-01

    The force and torque exerted on a body of arbitrary shape and constitution by a stationary radiation field are in principle given by integrals of Minkowski's stress tensor over a surface surrounding the body. Similarly the absorbed energy is given by an integral of the Poynting vector. These integrals are notoriously difficult to evaluate, and so far only spherical bodies have been considered. It is shown here that the integrals may be cast into a simpler form by use of Debye potentials. General expressions for the integrals are derived as sums of bilinear expressions in the coefficients of the expansion of the incident and scattered waves in terms of vector spherical waves. The expressions are simplified for small particles, such as atoms, for which the electric dipole approximation may be used. It is shown that the calculation is also relevant for bodies with nonlinear electromagnetic response.

  18. Embodying Skilful Performance: Co-Constituting Body and World in Biotechnology

    Science.gov (United States)

    Dall'Alba, Gloria; Sandberg, Jörgen; Sidhu, Ravinder Kaur

    2018-01-01

    This article offers a philosophical-empirical account of embodied skilful performance in the practice of plant biotechnology. Drawing on the work of Merleau-Ponty and others, we elaborate how skilful performance emerges from and through reciprocal relations encompassing the body-in-the-world and the world-in-the-body. The contribution of this…

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

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    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.

  20. Constitutional jurisprudence

    OpenAIRE

    Katju, Markandey

    2011-01-01

    Justice Markandey Katja (Judge, Supreme Court of India) explains and illustrates the concept of 'constitutional jurisprudence' - as a kind of philosphy of constitutional law, seeking to explain in general terms ideas such as: What is a constitution? What is its purpose? What is its position in the legal system of the country?

  1. Authoritarian Constitutionalism

    OpenAIRE

    Tushnet, Mark V.

    2015-01-01

    Legal scholars and political theorists interested in constitutionalism as a normative concept tend to dichotomize the subject. There is liberal constitutionalism of the sort familiar in the modern West, with core commitments to human rights and self-governance implemented by means of varying institutional devices, and there is authoritarianism, rejecting human rights entirely and governed by unconstrained power-holders. This Article explores the possibility of forms of constitutionalism other...

  2. Body

    OpenAIRE

    Riggs, Christina

    2010-01-01

    The human body is both the physical form inhabited by an individual “self” and the medium through which an individual engages with society. Hence the body both shapes and is shaped by an individual’s social roles. In contrast to the cognate fields of archaeology, anthropology, and classics, there has been little explicit discussion or theorization of the body in Egyptology. Some recent works, discussed here, constitute an exception to this trend, but there is much more scope for exploring anc...

  3. Decreases in body temperature and body mass constitute pre-hibernation remodelling in the Syrian golden hamster, a facultative mammalian hibernator

    Science.gov (United States)

    Chayama, Yuichi; Ando, Lisa; Tamura, Yutaka; Miura, Masayuki

    2016-01-01

    Hibernation is an adaptive strategy for surviving during periods with little or no food availability, by profoundly reducing the metabolic rate and the core body temperature (Tb). Obligate hibernators (e.g. bears, ground squirrels, etc.) hibernate every winter under the strict regulation of endogenous circannual rhythms, and they are assumed to undergo adaptive remodelling in autumn, the pre-hibernation period, prior to hibernation. However, little is known about the nature of pre-hibernation remodelling. Syrian hamsters (Mesocricetus auratus) are facultative hibernators that can hibernate irrespective of seasons when exposed to prolonged short photoperiod and cold ambient temperature (SD-Cold) conditions. Their Tb set point reduced by the first deep torpor (DT) and then increased gradually after repeated cycles of DT and periodic arousal (PA), and finally recovered to the level observed before the prolonged SD-Cold in the post-hibernation period. We also found that, before the initiation of hibernation, the body mass of animals decreased below a threshold, indicating that hibernation in this species depends on body condition. These observations suggest that Syrian hamsters undergo pre-hibernation remodelling and that Tb and body mass can be useful physiological markers to monitor the remodelling process during the pre-hibernation period. PMID:27152216

  4. CONSTITUTION AND CONSTITUTIONALISM CONTEMPORARY ISSUE

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    Marius ANDREESCU

    2017-05-01

    Full Text Available In a democratic society, the judicial legitimacy of the state and its power, of its institutions, but also the social and political grounds are generated and determined by the Constitution, defined as expressively as possible as being: “The fundamental political and judicial settlement of a people” (I. Deleanu. The supremacy of the Constitution has as main effect the conformity of the entire system of law with the constitutional norms. Guaranteeing the compliance with this principle, essential for the state of law, is first of all an attribution of the Constitutional Court, but also an obligation of the legislative power to receive, through the adopted normative acts, in content and in form, the constitutional norms. Altering the fundamental law of a state represents a political and judicial act extremely complex with major meanings and implications for the socio-political and national systems, but also for each individual. This is why such measure should be very well justified, to answer certain socio-political and legal needs well shaped and mainly to match the principles and rules specific to a democratic constitutional and state system, by insuring its stability and functionality. These are a few aspects of the Romanian contemporary constitutionalism that this study shall critically analyse in order to differentiate between the constitutional ideal and reality.

  5. Constitutive Models

    DEFF Research Database (Denmark)

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

    2011-01-01

    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...

  6. [Body mass index and other anthropometric parameters of the physical state in relation with age and individual-typological specific of women constitution].

    Science.gov (United States)

    Nikityuk, D B; Nikolenko, V N; Klochkova, S V; Minnibaev, T Sh

    2015-01-01

    The physical state of body construction of 651 practically health women 20-55 years old were studied by using a complex of anthropometric and bioelectric methods (conditional norm, slavonians, inhabitants of Moscow region). The leptosome constitutional group was established in 152 cases (23.3%), mesosome group was exposes in 259 cases (39.8%), megalosome group was revealed in 189 cases (29.0%) and indeterminate group was fixed in 78 cases (8.0%). Women of mesoplastic somatotype were established in 26.9%, sthenoplastic somatotype--in 16.7%, picnic somatotype--in 13.7%, subathletic somatorype--in 11.5%, euriplastic somatotype--in 12.3%, athletic somatotype--in 5.2% and asthenic somatotype--in 1.7%. Sizes and weight parameters were depending on type of women body construction. Norm of body mass index for asthenic women was fixed as 16.9; for sthenoplastic somatotype--20.3; for athletic somatotype--23.1; for subathletic somatotype--24.2; for mesoplastic somatotype--24.6; for euriplastic somatotype--24.7; for picnic somatotype--26.2. The length of women body was varied from 158.2 +/- 0.5 (152.0-165.0) cm for sthenoplastic somatotype and 159.6 +/- 0.4 (152.0- 164.8) cm for mesoplastic somatotype to 169.4 +/- 1.7 (162.2-187.4) cm for athletic somatotype. Body weight was also in correspondence with type of constitution. It was 47.8 +/- 0.6 (44.2-54.6) kg for asthenic somatotype, 50.6 +/- 0.4 (42.6-54.2) kg for sthenoplastic somatotype, 62.2 +/- 0.2 (56.3-64.9) kg for mesoplastic somatotype, 68.6 +/- 0.7 (64.5-82.7) kg for picnic somatotype, 66.2 +/- 1.0 (62.0-76.5) kg for athletic somatotype, 68.2 +/- 1.0 (63.4-76.5) kg for subathletic somatotype and 75.0 +/- 1.0 (68.4-92.5) kg for euriplastic somatotype. Mass of bone component was minimal for women of picnic somatotype (6.4 +/- 0.1 kg) as well as asthenic somatotype (7.3 +/- 0.3 kg) and maximal for subathletic (9.3 +/- 0.1 kg) and euriplastic (9.4 +/- 0.1 kg) somatotypes. Skeletal muscles mass was varied from 18.7 +/- 0

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

    Science.gov (United States)

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

    2014-01-01

    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. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

  8. ASSESSMENT OF INTERRELATION OF INDEXES OF THE CONSTITUTION, CONTENT OF BODY COMPONENTS AND PHYSICAL READINESS OF SCHOOLCHILDREN IN THE AGE 13-14 YEARS

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    Andrey Anatolyevich Kylosov

    2016-02-01

    Results of research showed that essential gender distinctions exist and female persons decrease in body weight. Our research hasn’t revealed significant interrelations between content of body components and physical readiness of the adolescents. Data on essential interrelation of an index of Rorer with indicators of content of body components of schoolchildren in the age 13-14 years were obtained.

  9. The constitutive sofa cushion

    DEFF Research Database (Denmark)

    Hanghøj, Sara

    2009-01-01

    body, space and artefact, thereby revealing the materialization process. Based on results of the analysis, ANT (Actor-Network- Theory) is used in order to discuss how The Danish Folk High School's conception of simplicity as an aesthetic and gendered ideal in the formal education of female handcraft...... 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...

  10. Constitutional changes and the dilemmas of constitutionalism

    OpenAIRE

    Bačić, Arsen

    2009-01-01

    The need to develop constitutional mechanisms whose aim is to resolve fundamental relations in society demands the widest possible inclusion of all of society’s active participants in the discussion on the need to adopt or revise the Constitution. The opening of every new round of constitutional changes is of great importance because it always unlocks certain new and important questions. The answers to those questions should be offered by state authority (policy) and civil society including s...

  11. utilizing constitutional values in constitutional comparison

    African Journals Online (AJOL)

    Administrator

    a distinct set of commonalities, principles, standards and values that have gained currency in constitutional dialogue all over the world. Perhaps the best proof of this ripeness of constitutionalism is to be found in the signs that new, postmodern thinking about the state, the law and the sustainability of the established tenets of.

  12. UNDERSTANDING INFORMAL CONSTITUTIONAL CHANGE

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    Stephen M. Griffin

    2016-01-01

    Full Text Available Amid much recent American work on the problem of informal constitutional change, this article stakes out a distinctive position. I argue that theories of constitutional change in the US must address the question of the relationship between the “small c” and “big C” Constitution and treat seriously the possibility of conflict between them. I stress the unavoidable role the text of the Constitution and structural doctrines of federalism and separation of powers play in this relationship and thus in constitutional change, both formal and informal. I therefore counsel against theories that rely solely on a practice-based approach or analogies between “small c” constitutional developments and British or Commonwealth traditions of the “unwritten” constitution and constitutional “conventions.” The alternative I advocate is to approach constitutional change from a historicist perspective that focuses attention on state building and the creation of new institutional capacities. This approach will allow us to make progress by highlighting that there can be multiple constitutional orders in a given historical era, thus accounting for the conflictual nature of contemporary constitutional development in the US.

  13. Utilizing constitutional values in constitutional comparison

    Directory of Open Access Journals (Sweden)

    F Venter

    2001-12-01

    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

  14. CLASSICS On the Constitution of Bodies

    Indian Academy of Sciences (India)

    IAS Admin

    English Grammar!), his concepts of atomic theory are the most celebrated. It gave the needed push to accelerate the correct understanding of the nature of ... satisfactory; but to show that we have hitherto made no use of it, and that the consequence of the neglect, has been a very obscure view of chemical agency, which is ...

  15. Interpreting the Constitution.

    Science.gov (United States)

    Brennan, William J., Jr.

    1987-01-01

    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. The Constitution by Cell

    Science.gov (United States)

    Greenhut, Stephanie; Jones, Megan

    2010-01-01

    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…

  17. Global environmental constitutionalism

    OpenAIRE

    Bosselmann, Klaus

    2015-01-01

    This article supports the perspective that environmental constitutionalism is a global and foundational subject. Considering the novelty and thin base of this only emerging field of inquiry, it aims for making some suggestions for formulating the purpose and scope of environmental constitutionalism in a global range. Moreover, considering that the very nature of environmental rights is more fundamental than classic human rights, the mindset and methodology applied to the studies of constituti...

  18. CONSTITUTIONAL FOUNDATIONS OF JURISDICTION

    Directory of Open Access Journals (Sweden)

    Alexandre Jamal Batista

    2016-06-01

    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.

  19. The Constitution of Partnering

    DEFF Research Database (Denmark)

    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...

  20. Communicative Constitution of Organizations

    DEFF Research Database (Denmark)

    Schoeneborn, Dennis; Vasquez, Consuelo

    2017-01-01

    The notion of the communicative constitution of organizations (CCO) is at the center of a growing theoretical development within organizational communication studies. CCO scholarship is based on the idea that organization emerges in and is sustained and transformed by communication. This entry...

  1. Sexuality and the Constitution.

    Science.gov (United States)

    Copelon, Rhonda

    1987-01-01

    Argues for abortion rights and protection of intimate decisions and relationships. Describes the role and position of women in eighteenth century American society as a means of exposing the fallacy of the anti-abortion movement's insistence on adherence to constitutional text. Discusses the recent attempts to overturn the Roe v. Wade ruling. (PS)

  2. What constitutes information integrity?

    Directory of Open Access Journals (Sweden)

    S. Flowerday

    2007-12-01

    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.'

  3. What constitutes information integrity?

    Directory of Open Access Journals (Sweden)

    S. Flowerday

    2008-01-01

    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.'

  4. The constitutional view

    Directory of Open Access Journals (Sweden)

    Roberto Horácio Sá Pereira

    2016-05-01

    Full Text Available http://dx.doi.org/10.5007/1808-1711.2016v20n2p165   This brief paper is devoted to criticizing the widespread reading of Kant’s first Critique, according to which reference to subject-independent objects is “constituted” by higherorder cognitive abilities (concepts. Let us call this the “constitutional view”. In this paper, I argue that the constitutional reading confuses the un-Kantian problem of how we come to represent objects (which I call the intentionality thesis, with the quite different problem of how we cognize (erkennen (which I call the “cognition thesis” that we do represent objects, that is, things that exist independently of the subject.

  5. The Constitutional Court and the Imperative of its Reform

    Directory of Open Access Journals (Sweden)

    Claudia Gilia

    2012-12-01

    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.

  6. CONSTITUTIONAL INTERPRETATION OF ROMANIA: POST MODERNITY

    Directory of Open Access Journals (Sweden)

    P. RATHNASWAMY

    2017-06-01

    Full Text Available Austria had in 1920 Constitutional Court followed by Italy in 1946, Germany in 1949, Romania in 1989, South Africa in 1991, and Ethiopia in 1995. Each Constitution has its provisions on the constitutional interpretation. Romania has its own provisions and it is considered here its legality and the best possible measures and recommendations for future. Judicial power is vested in judiciary to interpret constitution, laws, and actions of other organs of government. Judicial review is the function resulted upon judicial power. Political body joins through the appointment of its members in the judicial review and it limits the independence of judiciary. It also reduces the values of separation of powers. Challenges and opportunities of growth and development do influence the spirit of separation of powers and judicial independence. The principle of inherent judicial power in judiciary inducts upon the constitutional interpretation. Thus, the principles of constitutional interpretation are varying in Romania and other similar constitutional courts of Germany, Ethiopia, and Italy but not in South Africa.

  7. The Bicentennial and State Constitutions.

    Science.gov (United States)

    Clay, Henry

    1988-01-01

    Illustrates how the Bicentennial of the U.S. Constitution provides an opportunity to teach about the broader concept of constitutionalism through study of the state constitutions. Presents an argument for teaching about state constitutions, their role in the federal system, and the values they convey. (LS)

  8. Constitution, 5 May 1989.

    Science.gov (United States)

    1989-01-01

    This document contains provisions of Cambodia's Constitution of May 5, 1989. Article 7 gives men and women equal rights in marriage and the family, calls for monogamous marriages, and affords social protection to mothers and children. Article 8 guides parent-child relationships. The 14th article defines state property, and the 15th gives citizens full rights to own, use, and inherit land. The use of agricultural and forested land can only be changed with permission. Article 22 assigns educational responsibilities to the state, including free elementary education and a gradual expansion of higher education. Adult literacy classes are also promoted. Article 26 guarantees free medical consultations, and article 27 gives women a 90-day paid maternity leave. Breast-feeding women are also given special privileges. Article 33 guarantees the right to pay equity and to social security benefits. Article 36 grants the freedom to travel, the inviolability of homes, and privacy in correspondence of all types.

  9. Constitution, 5 October 1988.

    Science.gov (United States)

    1989-01-01

    This document contains major provisions of the constitution adopted by Brazil on 5 October 1988. This constitution seeks to promote the welfare of all citizens without discrimination. The equality of all citizens is guaranteed, and the equal rights of women are specifically mentioned. Property rights are also guaranteed and defined. Female inmates are granted the right to remain with their children while breast feeding. Workers are guaranteed a minimum wage, a family allowance for dependents, maternity/paternity leave, specific incentives to protect the labor market for women, retirement benefits, free day care for preschool-age children, pay equity, and equal rights between tenured and sporadically employed workers. Agrarian reform provisions are given, including the authority to expropriate land. Social and economic policies to promote health are called for, and public health services are to be decentralized, to be integrated, and to foster community participation. Pension plan and social assistance provisions are outlined as are duties of the state in regard to education. The amount of money to be dedicated to education is set out, and a national educational plan is called for to achieve such goals as the eradication of illiteracy, the universalization of school attendance, the improvement of instruction, and the provision of vocational training. Specific measures are set out to protect and preserve the environment. Family policy deals with issues of marriage, the definition of a family, divorce, the right to family planning services, and the deterrence of domestic violence. Social protection provisions cover mothers and children, handicapped persons, and protection of minors. Finally, the customs and rights of Indians are protected, with special provisions given to protect land tenure and to protect the rights of Indians in water resource development and prospecting and mining activities.

  10. Constitutive models in LAME.

    Energy Technology Data Exchange (ETDEWEB)

    Hammerand, Daniel Carl; Scherzinger, William Mark

    2007-09-01

    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

  11. VALUATION IN THE CONSTITUTIONAL ERA

    African Journals Online (AJOL)

    Brimer

    16 ..... stem from the pre-constitutional era, and the constitutional framework and its legitimate reform efforts. A decision on what is just ...... Carroll L Alice's Adventures in Wonderland (Digital Scanning Scituate MA. 2007). Dagan 1999 Va L Rev.

  12. State provision of constitutional goods

    OpenAIRE

    Espinosa , Romain

    2016-01-01

    International audience; This paper investigates the impact of constitutional rights on the level of public expenditure in a large sample of countries. To do so, we construct a panel of 73 countries from 1960 to 2011. We first investigate factors that drive constitutional changes regarding constitutional rights. To address potential endogeneity concerns in the choice of constitutional rules, we rely on an instrumental variable within estimation (country and time fixed effects) to estimate the ...

  13. Start Of The French Constitutionalism: Constitution Of 1791

    Directory of Open Access Journals (Sweden)

    Sergey V. Bochkarev

    2014-12-01

    Full Text Available In the present article author analyzes questions of French constitutionalism origin. Author notes that in France, over the past two centuries, a state of law, which is based on the principles of popular sovereignty has been formed; observance of human rights and freedoms by the state; parliamentary democracy; supremacy of constitution in relation to all other laws and regulations; separation of powers and institute of authorities responsibility as an organizational framework for the legal state; independence of the judiciary; compliance with commitments taken by the State during international relations. These principles were laid down in the constitutional history of the country. In the present article an attempt to explore the beginning of the French constitutionalism through the prism of the Constitution of 1791 was made. Author makes concludes that in the Constitution of 1791 the fundamental principles of constitutional law were laid, some of which are reflected in the Constitution of the Fifth Republic in France and continue to operate. Constitution of the Fifth Republic proclaimed commitment to "human rights and principles of national sovereignty as defined by the Declaration of 1789, confirmed and complemented by the Preamble to the Constitution of 1946, and despite many disputes, Constitutional Council reaffirmed inviolability of the equality before the law principle, which exists in the Declaration.

  14. Ontoteleological Constitution of Entrepreneurship

    Directory of Open Access Journals (Sweden)

    Diego Luiz Teixeira Boava

    2017-06-01

    Full Text Available Entrepreneurship is a pluri-disciplinary phenomenon, object of research in several areas of knowledge. However, studies on this theme present approaches that start to consider entrepreneurship as a field of private knowledge in the phase of epistemological construction. In this context, the aim of this investigation is to contribute to the discussions on the theme, through studies on the ontoteleological constitution of entrepreneurship, in propaedeutic character, deflagrating new approaches. Thus, there is a presentation concerning the study of entrepreneurship, which may emphasize its ontical and ontological aspects. In addition, the reason why it is complex to define entrepreneurship is investigated. Subjects regarding the philosophy of entrepreneurship are introduced, seeking to present the bases for an ontoteleological approach to the phenomenon. Such an approach assumes that the finality of the entrepreneurial act relates to the main principles and transformations required into the organization. Finally, it is concluded that man is an entrepreneurial being, the meta-entrepreneur, and his entrepreneurial actions are not determined by external factors, but rather by the condition of his potentiality.

  15. The diffusion of constitutional rights

    NARCIS (Netherlands)

    Goderis, B.V.G.; Versteeg, M.

    Constitutions are commonly regarded as uniquely national products, shaped by domestic ideals and politics. This paper develops and empirically investigates a novel hypothesis, which is that constitutions are also shaped by transnational influence, or “diffusion.” Constitutional rights can diffuse

  16. Constitution, 1989. [Selected provisions].

    Science.gov (United States)

    1989-01-01

    Chapter XII of the Hungarian Constitution, 1989, details the Fundamental Rights and Duties of Citizens. Everyone lawfully within the territory of Hungary has the right to liberty of movement and the freedom to choose his or her residence, except when restricted by law, including the right to leave his or her residence or county. The Republic of Hungary grants asylum to foreign citizens who were persecuted for racial, religious ethnic, linguistic, or political reasons. Men and women shall equally enjoy all civil, political, economic, social and political rights. Mothers are entitled to special care and protection before and after childbirth; women and juveniles are protected at work by special regulations. Every child has the right to special care an assistance from his or her family, the State, and society, for appropriate physical, spiritual, and moral development. Parents shall decide the kind of education their children receive. Hungary grants equal rights to all person within its territories, without regard to race, color, sex, language, religion, political, or other opinion, national, and social origin, property, birth and other status. Prejudicial discrimination shall be severely punished. Everyone has the right to work, to the free choice of employment and profession and to equal pay for equal work. Citizens have the right to social security, including social services necessary in old age, sickness, disability, widowhood, orphanhood an unemployment through no fault of their own. Hungary guarantees the right to culture for its citizens and realized this right by free and compulsory elementary education, by secondary and higher education which is accessible to all on the basis of capacity, and by the financial support of those receiving an education.

  17. Dilemmas on the European Constitution

    Directory of Open Access Journals (Sweden)

    Zvonko Posavec

    2005-01-01

    Full Text Available In this paper, the author discusses the dilemmas associated with the role of the European Constitution in the further development of the Union. Analysing the implications of the rejection of the European Constitution by the referenda in France and the Netherlands, the author sets forth arguments why such decisions should be neither overrated nor underrated. Aiming to broaden the basis for understanding the European constitutional crisis, the author further discusses the categories of state, constitution and nation. Scrutiny into these categories, he argues, is a crucial prerequisite for understanding the sources of dilemmas regarding the European Constitution and for further development of the EU political system

  18. Constitutional judges (guarantee of the Constitution and responsibility

    Directory of Open Access Journals (Sweden)

    Francisco Javier Ansuátegui Roig

    2012-06-01

    Full Text Available My aim in this paper is to propose a reflection on the position and the importance that the constitutional judge has in the legal systems of contemporary constitutionalism. The figure of the judge responsible of protecting the Constitution is a key institution, without which we cannot understand the laws of constitutional democracies, their current lines of development, and the guarantee of rights and freedoms that constitute the normative core of these systems. Moreover, the reflection on the exercise of the powers of the judge, its scope and its justification is an important part of contemporary legal discussion, still relevant, albeit not exclusively - in the field of legal philosophy. The object of attention of my reflection is the judge who has the power of judicial review, in a scheme of defense of the Constitution, regardless the specific ways of this defense.

  19. Loading method of core constituting elements

    International Nuclear Information System (INIS)

    Kasai, Shigeo

    1976-01-01

    Purpose: To provide a remote-controlled replacing method for core constituting elements in a liquid-metal cooling fast breeder, wherein particularly, the core constituting elements are prevented from being loaded on the core position other than as designated. Constitution: The method comprises a first step which determines a position of a suitable neutron shielding body in order to measure a reference level of complete insertion of the core constituting elements, a second step which inserts a gripper for a fuel exchanger, a third step which decides stroke dimensions of the complete insertion, and a fourth step which discriminates the core constituting elements to begin handling of fuel rods. The method further comprises a fifth step which determines a loading position of fuel rod, and a sixth step which inserts and loads fuel rods into the core. The method still further comprises a seventh step which compares and judges the dimension of loading stroke and the dimension of complete inserting stroke so that when coincided, loading is completed, and when not coincided, loading is not completed and then the cycle of the fourth step is repeated. (Kawakami, Y.)

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

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2015-01-01

    This chapter deals with a core topic in constitutional law, that of the conflict between constitutions and will of the demos. Aristotle in Book IV of the Politics had already anticipated the possible conflict between these two forms of Politeia (constitutions), when defining the types of democracy...... and 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...

  1. Essential Medicines in National Constitutions

    Science.gov (United States)

    Toebes, Brigit; Hogerzeil, Hans

    2016-01-01

    Abstract A constitutional guarantee of access to essential medicines has been identified as an important indicator of government commitment to the progressive realization of the right to the highest attainable standard of health. The objective of this study was to evaluate provisions on access to essential medicines in national constitutions, to identify comprehensive examples of constitutional text on medicines that can be used as a model for other countries, and to evaluate the evolution of constitutional medicines-related rights since 2008. Relevant articles were selected from an inventory of constitutional texts from WHO member states. References to states’ legal obligations under international human rights law were evaluated. Twenty-two constitutions worldwide now oblige governments to protect and/or to fulfill accessibility of, availability of, and/or quality of medicines. Since 2008, state responsibilities to fulfill access to essential medicines have expanded in five constitutions, been maintained in four constitutions, and have regressed in one constitution. Government commitments to essential medicines are an important foundation of health system equity and are included increasingly in state constitutions. PMID:27781006

  2. Constitution of terrestrial planets

    International Nuclear Information System (INIS)

    Waenke, H.

    1981-01-01

    Reliable estimates of the bulk composition are restricted to the Earth, the Moon and the eucrite parent asteroid. The last, the parent body of the eucrite-diogenite family of meteorites, seems to have an almost chondritic composition except for a considerable depletion of all moderately volatile (Na, K, Rb, F, etc.) and highly volatile (Cl, Br, Cd, Pb, etc.) elements. The moon is also depleted in moderate volatile and volatile elements compared to carbonaceous chondrites of type 1 (C1) and to the Earth. Again normalized to C1 and Si the Earth's mantle and the Moon are slightly enriched in refractory lithophile elements and in magnesium. The striking depletion of the Earth's mantle for the elements V, Cr and Mn can be explained by their partial removal into the core. Apart from their contents of metallic iron, all siderophile elements, moderately volatile and volatile elements, Earth and Moon are chemically very similar. It might well be that, with these exceptions and that of a varying degree of oxidation, all the inner planets have a similar chemistry. The chemical composition of the Earth's mantle, yields important information about the accretion history of the Earth and that of the inner planets. (author)

  3. Constitutional Issues--Watergate and the Constitution. Teaching with Documents.

    Science.gov (United States)

    National Archives and Records Administration, Washington, DC.

    When U.S. President Richard Nixon resigned in 1974 in the wake of the Watergate scandal, it was only the second time that impeachment of a president had been considered. Although the U.S. Constitution has provisions for a person removed from office to be indicted, there are no guidelines in the Constitution about a President who has resigned. The…

  4. Constitutions compared : An introduction to comparative constitutional law

    NARCIS (Netherlands)

    Heringa, Aalt Willem

    2016-01-01

    This book provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. The subjects covered are the origins

  5. La Constitution économique parmi les Constitutions européennes

    OpenAIRE

    Kaarlo Tuori

    2011-01-01

    In the European context, the place of the revolutionary notions of constitutive power, demos and constitutional moment is occupied by the evolutionary concept of constitutionalisation. Economic constitution is merely one aspect in multi-dimensional European constitution (alisation). My tentative proposal is to distinguish between the following dimensions of constitution : economic constitution ; juridical constitution ; political constitution ; social constitution ; and security constitution....

  6. National constitutional courts in the European Constitutional Democracy

    DEFF Research Database (Denmark)

    Komárek, Jan

    2014-01-01

    This article critically assesses the transformation of national constitutional courts’ place in the law and politics of the EU and its member states. This process eliminates the difference between constitutional and ordinary national courts, which is crucial for the institutional implementation...... the EU and its member states, understood together as the European Constitutional Democracy—the central notion developed in this article in order to support an argument that should speak to both EU lawyers and national constitutionalists....... of the discourse theory of law and democracy. It also disrupts the symbiotic relationship between national constitutional democracies established after World War II and European integration. The article argues that maintaining the special place of national constitutional courts is in the vital interest of both...

  7. The Constitution and American Radicalism.

    Science.gov (United States)

    Lobel, Jules

    1987-01-01

    Discusses the history of the following movements' attitudes towards the Constitution: (1) abolition; (2) feminism; (3) trade unions; (4) socialism and communism; and (5) civil rights and anti-war. Maintains that the tensions in these movements' towards the Constitution represent basic contradictions in the document itself. (PS)

  8. The Constitution and Its Critics

    Science.gov (United States)

    Main, Thomas J.

    2011-01-01

    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…

  9. Constitutive Effects of Performance Indicators

    DEFF Research Database (Denmark)

    Dahler-Larsen, Peter

    2014-01-01

    that 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....

  10. Constitutive rules, language, and ontology

    NARCIS (Netherlands)

    Hindriks, Frank

    It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional

  11. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...

  12. Technical risks as a constitutional problem

    International Nuclear Information System (INIS)

    Murswiek, D.

    1991-01-01

    Between the constitutional duty to protect, and the limits of protecting powers lies a domain where governmental bodies are empowered, but not obligated, to control and plan technical development and risks. Thus there is political responsibility for the way technical matters are handled, and a constitutional perspetive for accepting technical risks. As long as there has been general consent for technical progress, politicians were able to let the progress process take its course. Now they are asked to intervene. The transformation of living conditions through technical innovation has a greater significance for the individual and the State as a whole than most of the other matters of political decision-making. It would be irresponsible therefore to leave technical development to its own dynamics, and not continuously assess impacts of new technologies, weight up possible advantages and disadvantages, and change the course if necessary. (orig./HWCH) [de

  13. The Constitution's Prescription for Freedom.

    Science.gov (United States)

    Peach, Lucinda

    1986-01-01

    Examines how the framers of the Constitution came to choose our system of government, how that system was designed to function, and how the separation of powers has served to maintain our democracy despite attempts to violate it. (JDH)

  14. Constitutive Modelling in Geomechanics Introduction

    CERN Document Server

    Puzrin, Alexander M

    2012-01-01

    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....

  15. The merits of global constitutionalism

    Directory of Open Access Journals (Sweden)

    Anne Peters

    2017-12-01

    Full Text Available Global constitutionalism is an agenda that identifies and advocates for the application of constitutionalist principles in the international legal sphere. Global constitutionalization is the gradual emergence of constitutionalist features in international law. Critics of global constitutionalism doubt the empirical reality of constitutionalization, call into question the analytic value of constitutionalism as an academic approach, and fear that the discourse is normatively dangerous because it is anti-pluralist, artificially creates a false legitimacy, and promises an unrealistic end of politics. This article addresses these objections. I argue that global constitutionalization is likely to compensate for globalization induced constitutionalist deficits on the national level, that a constitutionalist reading of international law can serve as a hermeneutic device, and that the constitutionalist vocabulary uncovers legitimacy deficits of international law and suggests remedies. Global constitutionalism, therefore, has a responsibilizing and much-needed critical potential.

  16. A survey on constitutional justice

    Directory of Open Access Journals (Sweden)

    Kheirollah Parvin

    2015-05-01

    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.

  17. Cleanup liability and the Constitution

    International Nuclear Information System (INIS)

    Friedland, D.M.; Hagen, P.E.

    1992-01-01

    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

  18. CONSTITUTIONALISM

    African Journals Online (AJOL)

    eliasn

    Mao Zedong's statement seems to hold true in the contemporary world as well. In democratic countries, it is the democratically elected officials who are allowed to govern or control the military, although technical affairs are left to the military personnel. Instead, if full autonomy or sovereignty is granted to the military leaders,.

  19. Constitutional Verbosity and Social Trust

    DEFF Research Database (Denmark)

    Bjørnskov, Christian; Voigt, Stefan

    2014-01-01

    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. Cross......-country estimates suggest that national trust levels are indeed robustly and negatively associated with the length of countries’ constitutions....

  20. Global Survey of National Constitutions

    Science.gov (United States)

    Perehudoff, Katrina

    2017-01-01

    Abstract General Comment No. 22, issued in 2016 by the Committee on Economic, Social and Cultural Rights (CESCR), clarifies states’ legal duties to respect, protect, and fulfill the right to sexual and reproductive health (SRH). Our study analyzes domestic constitutions around the world to investigate whether and to what extent the right to sexual and reproductive health is respected, protected, and fulfilled; to what extent these provisions are inclusive and non-discriminatory; and to what degree the interlinkages between this and other human rights are acknowledged. Of the 195 constitutions accessed, 27 enshrine sexual and/or reproductive health, and seven adopt restrictive approaches to this right. In the 27 constitutions, provisions most frequently enshrine respect of one’s sexual health and family planning decisions, the protection of sexual health, and the provision of reproductive health care and family planning services (fulfillment). Most of the 27 constitutions fail to adequately respect reproductive health rights; to protect reproductive health, family planning, and abortion services from third-party interference; and to fulfill all dimensions of sexual health and access to abortion. Three of the 27 constitutions enshrine a universal right to SRH, and additional constitutions protect specific vulnerable groups (such as women, children) and/or restrict the scope of rights holders to couples. Among the 27 constitutions, nine explicitly link the right to sexual and reproductive health to the rights to education, science, and/or to make autonomous decisions about sexuality and reproduction. Our results can serve as a baseline measure to track constitutional reforms in pursuit of the realization of sexual and reproductive health and rights, and as building blocks for future lawmakers committed to realizing these rights through domestic legal reform. PMID:29302182

  1. The President of the Republic in the constitutional order of Serbia: Ten years of the Constitution of 2006

    Directory of Open Access Journals (Sweden)

    Đorđević Aleksandar S.

    2016-01-01

    Full Text Available It is undoubted that the President of the Republic of Serbia represents the most controversial issue debating in constitutional theory and practice. We can find completely opposite attitudes toward the constitutional status of the President of the Republic: on one hand, the prevailing opinion that the President of the Republic has an active role in the executive branch of the government, but on the other hand, the opinion that the President of the Republic is a figurehead and has only a moderating role. If we remain focused only on normative analysis, there is no doubt that we will be brought to a conclusion that the constitution-maker insisted on the moderating role of the President of the Republic making him an independent constitutional body providing the balance in the system of government. In the constitutional practice, in the previous ten years, we have been in a position to see two totally different 'stiles of presidency'. None of them is in accordance with the 'constitutional picture' of the institution. From 2007 to 2012 president Tadić was a central constitutional figure. He tended to concentrate all constitutional powers in his hands using the position of the leader of the strongest political party. With coming into power president Nikolic, who gave up the function of the president of the party, constitutional and political power moved almost completely to the president of the Government. The president of the Republic acts sometimes as he has less power than the Constitution gives him.

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

    Directory of Open Access Journals (Sweden)

    John Law

    2007-05-01

    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

  3. Constitutional compatibility of energy systems

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1983-01-01

    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) [de

  4. Environmental liability in constitutional law

    Directory of Open Access Journals (Sweden)

    Larissa Gabrielle Braga e Silva

    2016-04-01

    Full Text Available This article is scope to undertake a study of the Brazilian constitutional treatment given to environmental liability institute. This institute enters the constitutional law of special and unique way in the Constitution of the Federative Republic of Brazil in 1988, stamped on Article 225, third paragraph. The Federal Constitution gives broad protection to the environment and inserts it into the list of social rights and assigns it still status of fundamental right. With regard to environmental liability, the Constitution welcomes the normative content of Article 14, first paragraph, of the Act establishing the National Environmental Policy, Law 6.938 / 81, and includes the environmental objective accountability. The study called State Environmental Law is the new and necessary law paradigm that conjunctiva presents proposal of economic, social, cultural and environmental rights and advocates the idea of a broad existential minimum, not merely physical or biological. Finally, the liability was highlighted in its objective application in their individual and collective achievements. The literature review was the methodology used, whose deductive method to corroborate the findings made by this study. It is concluded that environmental liability is an institute that is associated with the consolidation of a Social and Environmental rule of law and that this is a challenge that everyone, without distinction, is presented.

  5. [Multifaceted body. I. The bodies of medicine].

    Science.gov (United States)

    Saraga, M; Bourquin, C; Wykretowicz, H; Stiefel, F

    2015-02-11

    The human body is the object upon which medicine is acting, but also lived reality, image, symbol, representation and the object of elaboration and theory. All these elements which constitute the body influence the way medicine is treating it. In this series of three articles, we address the human body from various perspectives: medical (1), phenomenological (2), psychosomatic and socio-anthropological (3). This first article discusses four distinct types of representation of the body within medicine, each related to a specific epistemology and shaping a distinct kind of clinical legitimacy: the body-object of anatomy, the body-machine of physiology, the cybernetic body of biology, the statistical body of epidemiology.

  6. Constitutionalism and Development in Nigeria: The 1999 Constitution

    African Journals Online (AJOL)

    Fr. Ikenga

    The Nigeria nation has experienced many Constitutional changes since Sir. Frederick Lugard in 1914 to the .... Exclusive for the Federal Government and Concurrent for both Federal and Regional. Residual matters were also left for .... Mechanism for stability in the polity and change of government e. Adoption to economic ...

  7. Time and constitution of sense

    Directory of Open Access Journals (Sweden)

    Pedro Gerardo Acosta

    2014-06-01

    Full Text Available This article proposes a reflection over our time-consciousness under the Phenomenology of Edmund Husserl. The idea is make a release the key role of the sense constitution like the fundament and development of the ongoing intentionality, a shape that make the possibility to catch sight of the sense of every life situation like conscience experience that displays itself over the time, and open the world of the Phenomenon World, constituted in the flux and flow of our live experience. The immanent time in which the things served in a lived-present inevitably displays to its own immediate-past of retentions, then of commemorations, constituting and enabling, not just the sense of ever present, but the sense of our own past like memory and our future like expectative. This reflection is based and supporter over the text “Phenomenology Lesson of the Internal Time-Consiusness” (Husserl, 2002.

  8. Immigration, naturalization and the Constitution.

    Science.gov (United States)

    Vecoli, R J

    1987-03-01

    This essay focuses upon major decisions made by the US government affecting aliens and the constitutional bases for them. These include: 1) the admission and exclusion of aliens, 2) the deportation of aliens, 3) the rights of aliens within the US, and 4) naturalization and denaturalization. The recourse to the extra-constitutional doctrine of sovereignty by the Supreme Court was the source of the plenary power of the Congress over immigration, thus denying the authority of the judiciary to extend the guarantees of due process of law and the equal protection of the law to aliens. The courts in the last 2 decades have assumed a more activist posture with respect to the rights of aliens, extending a greater degree of constitutional protection to the security of acquired citizenship and to the rights of due process and equal protection of foreigners, even to undocumented aliens.

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

    Directory of Open Access Journals (Sweden)

    Miroslav Kopecký

    2008-01-01

    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

  10. Constitutional Analysis of Intellectual Property

    Directory of Open Access Journals (Sweden)

    AJ van der Walt

    2014-04-01

    Full Text Available This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1 of the Bill of Rights. This is done by examining the Constitutional Court’s dicta relating to the meaning of deprivation and how these inform the meaning of property in the constitutional context. The methodology that the Constitutional Court has formulated to assess if state interference complies with the provisions of section 25 is explained to show the type of state regulation that has been found legitimate. We then consider how this understanding of constitutional property and the state’s legitimate exercise of its inherent police power interact in the setting of intellectual property by contrasting the various policy objectives underlying the different statutory regimes governing intellectual property. This theoretical analysis is then applied to two contemporary examples of feasible state interference with existing intellectual property interests, namely the proposed plain packaging measures which severely restrict the use of tobacco trade marks, and a fair dealing exception allowing the use of copyright works for the purpose of parody. These examples serve to illustrate the context and manner in which intellectual property interests may come before the Court and the necessary differentiation with which these interests should be treated. The appropriate judicial assessment of the true impact that state action could have on vested property interests is explained and contrasted with the balancing exercise that is employed at the earlier stage of policy making. This discussion is concluded by highlighting some of the interpretational issues that will arise and how some constitutional values could be curtailed in the absence of legislative intervention.

  11. Towards a global climate constitution

    NARCIS (Netherlands)

    Weikard, H.P.

    2011-01-01

    In this paper my concern is the study of the incentives of individual countries to sign an international climate agreement that sets the terms of a climate constitution, that is, it establishes emission rights and rules for trading these rights to combat the climate problem effectively and

  12. The Constitutive Power of Twitter

    DEFF Research Database (Denmark)

    Albu, Oana Brindusa; Etter, Michael Andreas

    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...

  13. Unconstitutional constitutional amendments in Ethiopia: the practice ...

    African Journals Online (AJOL)

    Such constitutional provisions serve to confine the power to amend the constitution within the prescribed legal requirements as well as help to control arbitrary changes to the constitution, which consequently promotes constitutionalism within the country. The FDRE Constitution has been amended twice within these twenty ...

  14. Valuation In The Constitutional Era

    Directory of Open Access Journals (Sweden)

    Elmien du Plessis

    2015-12-01

    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.

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

    Science.gov (United States)

    1993-12-01

    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.

  16. Constitutional collisions of criminal law

    Directory of Open Access Journals (Sweden)

    Sergey M. Inshakov

    2016-12-01

    Full Text Available Objective to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state. Methods formallogical systematic comparativelegal. Results the article analyzes the embodiment of the principle of citizensrsquo equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right other criminal and legal conflicts are considered associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis the means of overcoming collisions between the norms of constitutional and criminal law are formulated. Scientific novelty in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizensrsquo equality under the law relating to the President of the Russian Federation the conflicts are identified between the norms of constitutional and criminal law regulating the issue of legal liability of senior officials of the state ways of overcoming conflicts are suggested. Practical significance the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officialsrsquo criminal liability.

  17. Nuclear energy as reflected in Constitutional Law

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    1981-01-01

    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) [de

  18. 75 FR 57835 - Constitution Day and Citizenship Day, Constitution Week, 2010

    Science.gov (United States)

    2010-09-22

    ... Part II The President Proclamation 8562--Constitution Day and Citizenship Day, Constitution Week... Constitution Day and Citizenship Day, Constitution Week, 2010 By the President of the United States of America... journey. On Constitution Day and Citizenship Day, and during Constitution Week, we commemorate the legacy...

  19. The EU and constitutional change: a research proposal

    NARCIS (Netherlands)

    Eijsbouts, W.T.; Beukers, T.W.

    2010-01-01

    The first punctual question arising is how, in its (single) constitutional being, a body such as the Union combines its constituent roots in the original founding authorities (the states) with those, autonomous, in its own institutions. These are the ECJ for interpretation; the political

  20. 32 CFR 536.42 - Constitutional torts.

    Science.gov (United States)

    2010-07-01

    ... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.42 Constitutional torts. A claim for violation of the U.S. Constitution does not constitute a state tort and is not cognizable under... 32 National Defense 3 2010-07-01 2010-07-01 true Constitutional torts. 536.42 Section 536.42...

  1. A Communicatively Constituted Online Crisis

    DEFF Research Database (Denmark)

    Valentini, Chiara; Romenti, Stefania; Kruckeberg, Dean

    2017-01-01

    into 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......This chapter presents a theoretical proposition that could serve as foundation to explain how people become aware, develop an understanding, and create meanings about specific critical situations through social media conversations and how, eventually, these transform critical situations...... in social media....

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

    Directory of Open Access Journals (Sweden)

    LWH Ackermann

    2000-05-01

    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

  3. Essence and constitution in Zubiri

    Directory of Open Access Journals (Sweden)

    Alfonso Gómez Fernández

    2015-03-01

    Full Text Available The aim of this article is to expound Zubiri’s concept of essence and to begin a critical discussion and evaluation of his proposal. Before explaining what essence is, it is necessary to observe that, for our author, not all things have an essence: only «reality-things» but not «meaning-things» form part of the «essentiable domain». This distinction between «reality-things» and «meaning-things» supposes a new conception of nature. (Nature is not the opposite of the artificial, as the Greek term physis is.«Reality-things» form a constitutional and «closed» system of non-causal and non-«external» characteristics or traits. These «foundational characteristics» of constitution, then, are precisely the essence. The article discusses critically the assumptions of this doctrine (reality, ontological pluralism, foundation and its possible limits in the light of contemporary science. It can be a useful theory for the philosophy of language.

  4. Unborn children as constitutional persons.

    Science.gov (United States)

    Roden, Gregory J

    2010-01-01

    In Roe v. Wade, the state of Texas argued that "the fetus is a 'person' within the language and meaning of the Fourteenth Amendment." To which Justice Harry Blackmun responded, "If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment." However, Justice Blackmun then came to the conclusion "that the word 'person,' as used in the Fourteenth Amendment, does not include the unborn." In this article, it is argued that unborn children are indeed "persons" within the language and meaning of the Fourteenth and Fifth Amendments. As there is no constitutional text explicitly holding unborn children to be, or not to be, "persons," this argument will be based on the "historical understanding and practice, the structure of the Constitution, and thejurisprudence of [the Supreme] Court." Specifically, it is argued that the Constitution does not confer upon the federal government a specifically enumerated power to grant or deny "personhood" under the Fourteenth Amendment. Rather, the power to recognize or deny unborn children as the holders of rights and duties has been historically exercised by the states. The Roe opinion and other Supreme Court cases implicitly recognize this function of state sovereignty. The states did exercise this power and held unborn children to be persons under the property, tort, and criminal law of the several states at the time Roe was decided. As an effect of the unanimity of the states in holding unborn children to be persons under criminal, tort, and property law, the text of the Equal Protection Clause of the Fourteenth Amendment compels federal protection of unborn persons. Furthermore, to the extent Justice Blackmun examined the substantive law in these disciplines, his findings are clearly erroneous and as a whole amount to judicial error. Moreover, as a matter of procedure, according to the due process standards recognized in

  5. Constitution of the Communication Field

    Directory of Open Access Journals (Sweden)

    José Luiz Braga

    2011-04-01

    Full Text Available The article seeks to clarify key points to characterize the field of communication studies – its possible formation as a discipline of knowledge, the question of interdisciplinarity; perspectives related to the objects of study, emphasizing the angle of “social interaction” and the theme of “media”; the problem of sharing the study of communication phenomena with other humanities and social sciences, the question of the constitution of the field, in its internal diversity, and the relationship between the phenomenon and sociocultural contexts. Each of these aspects is addressed in two stages – as perceived in the first article appeared, in 2001, and notes included now, seeking to clarify further perceptions occurring in the period.

  6. CONSTITUTIONAL LANDMARKS OF POLITICAL PLURALISM

    Directory of Open Access Journals (Sweden)

    ERHARD NICULESCU

    2013-05-01

    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.

  7. A Constitution for Danish Libraries.

    Science.gov (United States)

    Nielsen, O. Perch

    This overview of the history of legislation governing the Danish library system from 1920 to the present: describes the various kinds of libraries in Denmark, explores the current controversies surrounding the roles of several supervisory library bodies, and details recent recommendations of the Danish Library Commission. (FM)

  8. Sasang Constitutional Medicine as a Holistic Tailored Medicine

    Directory of Open Access Journals (Sweden)

    Jong Yeol Kim

    2009-01-01

    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.

  9. SHORT DIGRESSION IN THE HISTORY REFERRING TO THE CONTROL OF CONSTITUTIONALITY IN ROMANIA

    Directory of Open Access Journals (Sweden)

    Alexandra OANŢĂ (NACU

    2016-10-01

    Full Text Available This short excursion in the history of the control over the constitutionality of laws in Romania, shows us that, in the period prior to 1912, in Romania, there used to be an incipient and accidental form of control of constitutionality, exercised by the Court of Cassation. Between 1912 and 1923, it was exercised by the judges from all the courts, regardless their degree, while the Constitutions from 1923 and 1938 were stipulating that only the Court of Cassation and Justice, in joint sections, had the competence to judge the constitutionality of laws. The socialist constitutions stipulated the political control over the constitutionality of laws, exercised by the Grand National Assembly, and, in 1991, the Romanian constituent legislator implemented, for the first time in Romania, the institution of the control over the constitutionality of laws, exercised by an independent and specialised jurisdictional body, appointed by the Constitutional Court.

  10. Analysis on constitution of American college republicans

    Directory of Open Access Journals (Sweden)

    Minghua Su

    2017-02-01

    Full Text Available This paper, based on internet survey and comparative analysis, according to the firsthand materials, comprehensively and systematically probes the formation of the constitution form and structure, and analyzes its contents of Constitution of American College Republicans among 15 colleges respectively, which includes the illustration of constitution, membership, personnel, meeting, financial amendment, etc. Finally, this essay analyzes the characteristics of constitution of college republicans and its advantages.

  11. 118 CONSTITUTIONALISM AND GOOD GOVERNANCE IN NIGERIA

    African Journals Online (AJOL)

    Fr. Ikenga

    This paper attempts to analyse the constitutional development of Nigeria with a view to really determining at what point it can be said that Nigeria had a constitution. The various determinants of constitutionalism are to be x-rayed and juxtaposed with the activities of the government particularly the fourth and fifth republics.

  12. How Does the Constitution Secure Rights?

    Science.gov (United States)

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

    Third in a series designed to help prepare the nation for a thoughtful observance of the Constitutional bicentennial, this publication presents six essays addressing the issue of human rights and the Constitution. "How the Constitution Protects Our Rights: A Look at the Seminal Years" (Robert A. Rutland) focuses on James Madison's role…

  13. Teaching about Democratic Constitutionalism. ERIC Digest.

    Science.gov (United States)

    Patrick, John J.

    There are more than 100 democracies in the world today. All but three of them--Great Britain, Israel, and New Zealand --have written constitutions. This digest examines the importance of constitutions and constitutionalism and the teaching of these concepts through the use of comparisons. The primary objectives of civic education for democratic…

  14. State Constitutional Law: Teaching and Scholarship.

    Science.gov (United States)

    Williams, Robert F.

    1991-01-01

    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…

  15. Theoretical Issues of the Constitutional Regulation Mechanism

    Science.gov (United States)

    Zhussupova, Guldaray B.; Zhailyaubayev, Rassul T.; Ukin, Symbat K.; Shunayeva, Sylu M.; Nurmagambetov, Rachit G.

    2016-01-01

    The purpose of this research is to define the concept of "constitutional regulation mechanism." The definition of the concept of "constitutional regulation mechanism" will give jurists and legislators a theoretical framework for developing legal sciences, such as the constitutional law and the theory of state and law. The…

  16. The Constitution of the Republic of Estonia

    Index Scriptorium Estoniae

    2009-01-01

    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

  17. The Constitution of the Republic of Estonia

    Index Scriptorium Estoniae

    2005-01-01

    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

  18. CONSTITUTIONAL COMPLAINT DAN CONSTITUTIONAL QUESTION DAN PERLINDUNGAN HAK-HAK KONSTITUSIONAL WARGA NEGARA

    OpenAIRE

    Hamdan Zoelva

    2012-01-01

    The 1945 Constitution gives limitative authority to the Constitutional Court only to review of laws against the constitution, adjudicate dispute over state institution whose authorities are mandate by constitution, adjudicate dispute on the result of general election, dissolution of political parties and obliged to decide upon DPR’s opinion in the case of the impeachment of the President. In practice, many of the constitutional issues can not be resolved by the Constitutional Court because it...

  19. Constitutional Complaint Dan Constitutional Question Dan Perlindungan Hak-hak Konstitusional Warga Negara

    OpenAIRE

    Zoelva, Hamdan

    2012-01-01

    The 1945 Constitution gives limitative authority to the Constitutional Court only to review of laws against the constitution, adjudicate dispute over state institution whose authorities are mandate by constitution, adjudicate dispute on the result of general election, dissolution of political parties and obliged to decide upon DPR's opinion in the case of the impeachment of the President. In practice, many of the constitutional issues can not be resolved by the Constitutional Court because it...

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

    Directory of Open Access Journals (Sweden)

    Junghee Yoo

    2012-01-01

    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.

  1. Change of position of constitutional judiciary

    Directory of Open Access Journals (Sweden)

    Orlović Slobodan P.

    2013-01-01

    Full Text Available Constitutional judiciary is the youngest branch of authority in the horizontal level of state power. Constitutional judiciary has, during its existence - during two centuries as an ordinary court and during one century as a special authority, changed its position, role and importance. Those characteristics of constitutional judiciary had an increasing way - the position became better, in political and law sense, its role has expanded and the importance has increased. Today, constitutional judiciary is an inevitable subject of constitutional regimes in huge number of states (between them are almost all federations but, in the same time, constitutional judiciary is an authority which is at least limited by the constitution. The constitution is "soft" to the constitutional judiciary because the judiciary interpreted the constitution in accordance to its political and law attitudes, hidden by the guise of protection. Different separation of power, a rise of executive power, requests for better protections of fundamental human rights, a changed role of state and executive power, altogether, have influenced to change of position of constitutional judiciary.

  2. 76 FR 58705 - Constitution Day and Citizenship Day, Constitution Week, 2011

    Science.gov (United States)

    2011-09-21

    ... Day and Citizenship Day, Constitution Week, 2011 Proclamation 8715--National Employer Support of the... Constitution Day and Citizenship Day, Constitution Week, 2011 By the President of the United States of America... country stands for. Every year, thousands of candidates for citizenship commemorate Constitution Day and...

  3. Constitutional and Non-Constitutional Governments...Similarities and Differences throughout History. Resource Packet.

    Science.gov (United States)

    Pallasch, Brian Thomas

    This civic education resource packet is designed to provide teachers, community leaders, and other civic educators with an understanding of the differences between constitutional and non-constitutional governments. Six papers discussing the topic are included: "The Differences bewteen Constitutional and Non-Constitutional Governments" (John…

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

    Science.gov (United States)

    Williams, Robert F.

    1993-01-01

    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)

  5. Constitutional Amendment and Political Constitutionalism: The Potential Mitigation of Critiques on Judicial Review

    Directory of Open Access Journals (Sweden)

    Jairo Néia Lima

    2016-12-01

    Full Text Available The criticisms toward judicial review from Richard Bellamy and Jeremy Waldron’s political constitutionalism approach demonstrate that they do not exclude constitutional courts entirely, as they accept mechanisms of legislative responses, except constitutional amendments. This paper concludes that the high number of constitutional amendments in Brazil does not mitigate judicial review critiques. The extensive structure of the Brazilian Constitution imposes frequent changes, which do not modify its essence. Furthermore, the possibility of judicial review over constitutional amendments represents that constitutional court could overrule legislative response.

  6. Childrens' Rights in the South African Constitution

    Directory of Open Access Journals (Sweden)

    JA Robinson

    2003-10-01

    Full Text Available Children were in many respects defenceless victims of discriminatory practices in ‘apartheid South Africa’. In fact, discrimination on the basis of gender, race and other inequalities were inscribed in the social fabric of the previous constitutional dispensation. The constitutional dispensation that came into effect on the 27th April 1994 was therefore designed to innovate social, political and legal structures that would be radically different from those of the country’s past history.In this contribution the impact of the Constitution upon the rights of children are considered. In order to fathom the impact. a general overview of constitutional principles and provisions necessary for the comprehension of the rights of children is provided. Thereafter the rights of children expressly mentioned in the Constitution will be addressed. Attention is also paid to the equal protection and non-discrimination provisions of the Constitution, albeit only indirectly.

  7. "Not our constitution". Assessing the United Nations' assistance to the recent Somali constitution-making process.

    OpenAIRE

    Jørgensen, Hilde

    2013-01-01

    The UN increasingly provides assistance to constitution-making in war-torn countries as an element of larger peacebuilding operations. The underlying assumption is that constitution-making, if conducted in the right way, may contribute positively to peace in several ways. First, constitution-making can contribute to reconciliation by providing a platform for people to come together and agree on a common future for their state. Second, constitution-making can provide legitimacy to constitution...

  8. The Jurisdiction of The Constitutional Court In Controlling The Constitutionality of Criminal Judgments: Kosovo Case

    OpenAIRE

    BRAHA, Florentina Shala; BYTYQI, Vilard; VUNIQI, Dardan; Berisha, Fadil

    2016-01-01

    This paper will deal with individual requests that are submitted at the Constitutional Court in order to assess the constitutionality of criminal judicial decisions. The right to submit issues for assessing the constitutionality of criminal court decisions is a constitutionally guaranteed right. Many individuals who are dissatisfied with the decisions of the judicial instances use their right to oppose such a decision even at the Constitutional Court.Not all the cases submitted to the Court a...

  9. Autonomous Province of Vojvodina between the Constitution and the decision of the Constitutional court

    Directory of Open Access Journals (Sweden)

    Čiplić Svetozar

    2014-01-01

    Full Text Available The author deals individual assessments Constitutional court of the Competent in Law, as well as its different interpretation of constitutional and legal provisions. The author is of the opinion that the Constitutional Court amended the constitution and the law guaranteed the position of the Autonomous Province of Vojvodina and that the 'conservative interpretation of' diminished the rights of citizens by the constitution itself by.

  10. Complexities of Constitutional Change in the Philippines

    OpenAIRE

    Saunders, Cheryl; Yusingco, Michael Henry

    2018-01-01

    President Rodrigo Duterte assumed office in July 2016, His party, PDP-Laban, had campaigned under the slogan: “No to Drugs, Yes to Federalism”. Duterte thus is committed to shepherding the Philippines towards a federal form of government; an undertaking that would require an extensive overhaul of the country’s constitution. The future of constitutional change under Duterte in any event is uncertain for a series of constitutional and political reasons. Critically, some of the most pressing of ...

  11. Testing of constitutive models in LAME.

    Energy Technology Data Exchange (ETDEWEB)

    Hammerand, Daniel Carl; Scherzinger, William Mark

    2007-09-01

    Constitutive models for computational solid mechanics codes are in LAME--the Library of Advanced Materials for Engineering. These models describe complex material behavior and are used in our finite deformation solid mechanics codes. To ensure the correct implementation of these models, regression tests have been created for constitutive models in LAME. A selection of these tests is documented here. Constitutive models are an important part of any solid mechanics code. If an analysis code is meant to provide accurate results, the constitutive models that describe the material behavior need to be implemented correctly. Ensuring the correct implementation of constitutive models is the goal of a testing procedure that is used with the Library of Advanced Materials for Engineering (LAME) (see [1] and [2]). A test suite for constitutive models can serve three purposes. First, the test problems provide the constitutive model developer a means to test the model implementation. This is an activity that is always done by any responsible constitutive model developer. Retaining the test problem in a repository where the problem can be run periodically is an excellent means of ensuring that the model continues to behave correctly. A second purpose of a test suite for constitutive models is that it gives application code developers confidence that the constitutive models work correctly. This is extremely important since any analyst that uses an application code for an engineering analysis will associate a constitutive model in LAME with the application code, not LAME. Therefore, ensuring the correct implementation of constitutive models is essential for application code teams. A third purpose of a constitutive model test suite is that it provides analysts with example problems that they can look at to understand the behavior of a specific model. Since the choice of a constitutive model, and the properties that are used in that model, have an enormous effect on the results of an

  12. National Constitutional Avenues for Further EU Integration

    NARCIS (Netherlands)

    Besselink, L.F.M.; Claes, M.; Imamovic, Š.; Reestman, J.H.

    2014-01-01

    This study investigates national constitutional limits to further EU integration and explores ways to overcome them. It includes an in-depth examination of the constitutional systems of 12 Member States (Croatia, the Czech Republic, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, the

  13. Constitutional provisions regarding juristic persons | Pienaar ...

    African Journals Online (AJOL)

    The interim Constitution of 1993 and the final Constitution of 1996 contain specific provisions applicable to juristic persons. Juristic persons are also entitled to the fundamental rights contained in the Bill of Rights to the extent that these rights are applicable to them. It must be kept in mind that juristic persons have peculiar ...

  14. Constitutional Government: The Soul of Modern Democracy.

    Science.gov (United States)

    Mansfield, Harvey C., Jr.

    1987-01-01

    Discusses the dilemma faced by constitutionalism today: limited, constitutional government requires that people and society be independent and distrustful of the state, but if the people are too independent and capable of ruling, they may wish to extend their powers and attempt to rule over others. (PS)

  15. Distinguishing Limitation on Constitutional Rights from Their ...

    African Journals Online (AJOL)

    Suspension of and limitation on fundamental rights and freedoms are justified violations of constitutional rights. Temporary suspension of some fundamental rights and freedoms can be made on the ground of a state of emergency. Since most constitutional rights are not absolute, they can be limited on basis of national ...

  16. Constitution of traditional chinese medicine and related factors in women of childbearing age

    Directory of Open Access Journals (Sweden)

    Qiao-Yu Jiang

    2018-04-01

    education, and dietary education, especially during the women who do not have a medical condition and those who have related factors found in this study. Keywords: Body constitution, Chinese traditional medicine, Preconception care, Risk factors, Women

  17. Closing in on the constitution of consciousness

    Science.gov (United States)

    Miller, Steven M.

    2014-01-01

    The science of consciousness is a nascent and thriving field of research that is founded on identifying the minimally sufficient neural correlates of consciousness. However, I have argued that it is the neural constitution of consciousness that science seeks to understand and that there are no evident strategies for distinguishing the correlates and constitution of (phenomenal) consciousness. Here I review this correlation/constitution distinction problem and challenge the existing foundations of consciousness science. I present the main analyses from a longer paper in press on this issue, focusing on recording, inhibition, stimulation, and combined inhibition/stimulation strategies, including proposal of the Jenga analogy to illustrate why identifying the minimally sufficient neural correlates of consciousness should not be considered the ultimate target of consciousness science. Thereafter I suggest that while combined inhibition and stimulation strategies might identify some constitutive neural activities—indeed minimally sufficient constitutive neural activities—such strategies fail to identify the whole neural constitution of consciousness and thus the correlation/constitution distinction problem is not fully solved. Various clarifications, potential objections and related scientific and philosophical issues are also discussed and I conclude by proposing new foundational claims for consciousness science. PMID:25452738

  18. MINISTERIAL LIABILITY IN THE ROMANIAN CONSTITUTIONAL SYSTEM

    Directory of Open Access Journals (Sweden)

    NICOLAE PAVEL

    2013-05-01

    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.

  19. Competition And Antitrust Law In Ecuadorian Constitution

    Directory of Open Access Journals (Sweden)

    Marcelo Marín Sevilla

    2013-01-01

    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. The constitutional control system in Colombia

    Directory of Open Access Journals (Sweden)

    Luis Javier Moreno Ortiz

    2010-12-01

    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.

  1. Dynamic constitutional frameworks for DNA biomimetic recognition.

    Science.gov (United States)

    Catana, Romina; Barboiu, Mihail; Moleavin, Ioana; Clima, Lilia; Rotaru, Alexandru; Ursu, Elena-Laura; Pinteala, Mariana

    2015-02-07

    Linear and cross-linked dynamic constitutional frameworks generated from reversibly interacting linear PEG/core constituents and cationic sites shed light on the dominant coiling versus linear DNA binding behaviours, closer to the histone DNA binding wrapping mechanism.

  2. Constitutive equation of concrete: Mesomechanical isotropic model

    Czech Academy of Sciences Publication Activity Database

    Kafka, Vratislav; Vokoun, David

    2005-01-01

    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

  3. Social rights constitutionalism: an antagonistic endorsement

    OpenAIRE

    Christodoulidis, Emilios

    2017-01-01

    The article discusses how we might understand solidarity as the organizing concept behind the institutionalization of social rights. I argue that writing solidarity into social rights constitutionalism carries productive tension into constitutional thinking because it disturbs the smooth passage from civil to political and finally to social rights. Marshall's influential argument that social rights are continuous to civil and political rights has become both the grounding assumption in consti...

  4. Constitutional rights and hypnotically elicited testimony.

    Science.gov (United States)

    Newman, A W; Thompson, J W

    1999-01-01

    Despite the former popularity of hypnosis as a way of "improving" eyewitness memory, many courts almost always regard the use of this testimony to be inadmissible, whereas others allow it only when strict procedural guidelines have been followed. Although the U.S. Supreme Court recognized a defendant's constitutional right to admit his own hypnotically elicited testimony, others have recognized a constitutional basis to exclude hypnotically elicited testimony in most other circumstances.

  5. On the constitutionality of dose limiting values

    International Nuclear Information System (INIS)

    Goetz, V.

    1976-01-01

    The fundamental right according to Art. 2 par. 2 sentence 1 of the German Constitution is relevant for the set-up and application of radiation protection law. Resulting from Art. 2 par. 2 sentence 1 of the Constitution it is a general obligation of the state to protect life (Federal Constitutional Court, judgment of 25th Feb., 1975, BVerfGE 39.1) and physical soundness. The subjective basic right of everybody to defend against official encroachments his personal integrity corresponds to the right of the individual within the framework of the official obligation for protection from the state (to ward off danger). The term of danger, as to the degree of its determination, corresponds to that of the encroachment. To speak of danger in a legal sense, the causal connection between a certain source of danger and certain damage must be ascertained and proved. Topical controversies as to the admissibility of activity discharges of low doses range in the field of risk reduction and thus in the field of the duty of the state to take precautionary steps against risks (Art. 2 par. 2 sentence 1 of the Constitution). The constitution, however, does not contain any basic right that every risk has to be avoided. On the other hand, the necessity of cautions valuation of radiation risks can be derived from the Constitution. The fixation of dose limits and their application in connection with general radiation protection principles (paragraph 28 E of the Radiation Protection Ordinance) do not contain any 'interference' with the basic right in the sense of Art. 2 par. 2 sentence 3 of the Constitution. Neither from aspects of the principle of the legal state nor from Art. 80 par. 1 of the Constitution can the use of the legal form of the Ordinance be doubted. (orig./HP) [de

  6. Interpretative decisions in the practice of the Constitutional Court of Serbia

    Directory of Open Access Journals (Sweden)

    Rajić Nataša

    2014-01-01

    Full Text Available The relationship between the Constitutional Court and Parliament is marked by envolving process. The desired balance between these two state bodies was gradually disturbed by the Constitutional Court. Consequently, the substrate of the constitutional function originally designed as a function of 'negative legislator' is also changed in that process. Interpretative decision is one of the model of the activity of the Constitutional Court which makes questionable the position of the Parliament as a state body which regulates social relations in original form. Interpretative decision is an specific form of rejected decisions that contains binding instruction regading the interpretation of the norm, as a condition. This interpretation is given by Constitutional Court in order to make the norm in accordance with the Constitution. By the analysis of the practice of the Constitutional Court of Serbia, the paper has a task to determine wheter, to what extend and in what form the interpretative decisions occur in the work of the Court as well as to determine is there a clear constitutional base for establishing the jurisdiction of their adoption in our legal system.

  7. A constitutive theory of reacting electrolyte mixtures

    Science.gov (United States)

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

    2013-11-01

    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).

  8. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    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.

  9. Nuclear energy and the constitutional state

    International Nuclear Information System (INIS)

    Saladin, P.

    1984-01-01

    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) [de

  10. Constitutive modeling of salt behavior: State of the technology

    International Nuclear Information System (INIS)

    Munson, D.E.; Wawersik, W.R.

    1992-01-01

    The modern investigation of the thermomechanical behavior of salt started in the mid-1930's and, for what appears to be a very narrow discipline, ''salt mechanics'' has acquired considerable technical depth and sophistication. The last three decades have been especially productive in constitutive model development and laboratory investigations of time-dependent creep behavior. This has been largely due ot anticipated use of domal or bedded salt deposits as sites for radioactive waste repositories and to expanded need for hydrocarbon and feedback storage caverns. Salt is an interesting material, in that it is ''metal-like''; and, therefore, constitutive modeling can draw upon a large body of metal deformation information to arrive at appropriate models of behavior. Testing apparatus and methods have centered on either uniaxial or triaxial compression to obtain steady state and transient creep responses. Flow and fracture potentials have been defined. Validation attempts of the models against field data, although limited, have proved promising. The objective here is to summarize the state-of-the-technology of the constitutive modeling of salt behavior or ''salt mechanics.''

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

    Directory of Open Access Journals (Sweden)

    Kenstavičienė Kristina

    2015-12-01

    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

  12. The Trials and Tribulations of Constitutionalism and the Constitution Making Process in Zimbabwe

    OpenAIRE

    Mapuva, Jephias

    2015-01-01

    Constitutionalism in Zimbabwe has been characterised by controversy with citizens getting a raw deal. The colonial era was characterised by deprivation of basic rights and civil liberties. A plethora of constitutions were established to try and create a semblance of black representativity. The post-colonial era was informed by governance structures provided by the Lancaster House Constitutional document which was a surrender document that brought the protracted liberation struggle to an end. ...

  13. Extended constitutive laws for lamellar phases

    Directory of Open Access Journals (Sweden)

    Chi-Deuk Yoo

    2013-10-01

    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.

  14. A survey of unified constitutive theories

    Science.gov (United States)

    Chan, K. S.; Lindholm, U. S.; Bodner, S. R.; Walker, K. P.

    1985-01-01

    The state of the art of time temperature dependent elastic viscoplastic constitutive theories which are based on the unified approach werre assessed. This class of constitutive theories is characterized by the use of kinetic equations and internal variables with appropriate evolutionary equations for treating all aspects of inelastic deformation including plasticity, creep, and stress relaxation. More than 10 such unified theories which are shown to satisfy the uniqueness and stability criteria imposed by Drucker's postulate and Ponter's inequalities are identified. The theories are compared for the types of flow law, kinetic equation, evolutionary equation of the internal variables, and treatment of temperature dependence. The similarities and differences of these theories are outlined in terms of mathematical formulations and illustrated by comparisons of theoretical calculations with experimental results which include monotonic stress-strain curves, cyclic hysteresis loops, creep and stress relaxation rates, and thermomechanical loops. Numerical methods used for integrating these stiff time temperature dependent constitutive equations are reviewed.

  15. The co-constitution of the self and the world: action and proprioceptive coupling

    OpenAIRE

    Gapenne, Olivier

    2014-01-01

    This article proposes a theoretical reflection on the conditions for the constitution of a distinction between the self and the world by a cognitive system. The main hypothesis is the following: proprioception, as a sensory system that is habitually dedicated essentially to experience of the body, is conceived here as a coupling which is necessary for the dual and concomitant constitution of a bodily self and of a distal perceptual field. After recalling the singular characteristics of propri...

  16. A Federal Constitution for the European Union

    DEFF Research Database (Denmark)

    Sweeney, Richard J.

    2003-01-01

    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...... within and across member statesthat severely weaken the Union, conceivably contributing to eventual collapse. Insisting onharmonization of commercial codes does not have the destructive potential of attemptingcompletely to harmonize defense and foreign policies; it may, however, lead to needlessconflict...

  17. Catholic Modernity and the Italian Constitution

    DEFF Research Database (Denmark)

    Thomassen, Bjørn; Forlenza, Rosario

    2016-01-01

    project for the new Constitution had a considerable impact on modern Italian culture and politics and on the building of a modern mass democracy and welfare state. During the crucial historical juncture that followed the collapse of Fascism, Catholic politicians and intellectuals sought to interpret......This article analyzes the Catholic contribution to the Italian republican and democratic Constitution of 1948. The focus is on the specific way in which the Italian citizen became symbolically coded as a ‘person’ and not as an ‘individual’, inspired by Catholic social philosophy. The Catholic...

  18. Researching the body – the body in research

    DEFF Research Database (Denmark)

    Sløk-Andersen, Beate

    2017-01-01

    This paper reflects on themes relevant to scholars doing ethnographic work in empirical settings highly focused on bodily practice. Reflections are presented on what type of material the use of the body in ethnographic fieldwork can lead to and what considerations and restrains it entails, includes...... norms are constituted through and in the body of military subjects....

  19. generalized constitutive model for stabilized quick clay

    African Journals Online (AJOL)

    QUICK CLAY. PANCRAS MUGISHAGWE BUJULU AND GUSTAV GRIMSTAD. ABSTRACT. An experimentally-based two yield surface constitutive model for cemented quick clay has been ... Clay Model, the Koiter Rule and two Mapping Rules. .... models, where a mobilization formulation is used, this is independent of q.

  20. The Anatomy of a Constitutional Tort.

    Science.gov (United States)

    Horner, Jeffrey J.

    1988-01-01

    Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

  1. generalized constitutive model for stabilized quick clay

    African Journals Online (AJOL)

    An experimentally-based two yield surface constitutive model for cemented quick clay has been developed at NTNU, Norway, to reproduce the mechanical behavior of the stabilized quick clay in the triaxial p'-q stress space. The model takes into account the actual mechanical properties of the stabilized material, such as ...

  2. Constitution 200: A Bicentennial Collection of Essays.

    Science.gov (United States)

    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…

  3. Ethnicity and constitutionalism in contemporary Ethiopia

    NARCIS (Netherlands)

    Abbink, G.J.

    1997-01-01

    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

  4. Between availability and entitlement: The Constitution, Grootboom ...

    African Journals Online (AJOL)

    Between availability and entitlement: The Constitution, Grootboom and the right to food. Danie Brand. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians ...

  5. Optimizing culture medium for debittering constitutive enzyme ...

    African Journals Online (AJOL)

    STORAGESEVER

    2010-08-02

    Aug 2, 2010 ... The objective of this study was to investigate nutrient requirements for extracellular constitutive naringinase production by Aspergillus oryzae JMU316. The one-factor-at-a-time method was used to determine the impact of different carbon and nitrogen sources on naringinase production. Naringin exhibited ...

  6. Crushed-salt constitutive model update

    Energy Technology Data Exchange (ETDEWEB)

    Callahan, G.D.; Loken, M.C.; Mellegard, K.D. [RE/SPEC Inc., Rapid City, SD (United States); Hansen, F.D. [Sandia National Labs., Albuquerque, NM (United States)

    1998-01-01

    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.

  7. Constitutive behavior of reconsolidating crushed salt

    Energy Technology Data Exchange (ETDEWEB)

    Callahan, G.D.; Mellegard, K.D. [RE/SPEC, Inc., Rapid City, SD (United States); Hansen, F.D. [Sandia National Labs., Carlsbad, NM (United States)

    1998-02-01

    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.

  8. A hypoplastic constitutive model for clays

    Czech Academy of Sciences Publication Activity Database

    Mašín, David

    2005-01-01

    Roč. 29, č. 4 (2005), s. 311-336 ISSN 0363-9061 Institutional research plan: CEZ:AV0Z20710524 Keywords : clay * constitutive model * hypoplasticity Subject RIV: JM - Building Engineering Impact factor: 0.590, year: 2005

  9. Constitutive equations for two-phase flows

    International Nuclear Information System (INIS)

    Boure, J.A.

    1974-12-01

    The mathematical model of a system of fluids consists of several kinds of equations complemented by boundary and initial conditions. The first kind equations result from the application to the system, of the fundamental conservation laws (mass, momentum, energy). The second kind equations characterize the fluid itself, i.e. its intrinsic properties and in particular its mechanical and thermodynamical behavior. They are the mathematical model of the particular fluid under consideration, the laws they expressed are so called the constitutive equations of the fluid. In practice the constitutive equations cannot be fully stated without reference to the conservation laws. Two classes of model have been distinguished: mixture model and two-fluid models. In mixture models, the mixture is considered as a single fluid. Besides the usual friction factor and heat transfer correlations, a single constitutive law is necessary. In diffusion models, the mixture equation of state is replaced by the phasic equations of state and by three consitutive laws, for phase change mass transfer, drift velocity and thermal non-equilibrium respectively. In the two-fluid models, the two phases are considered separately; two phasic equations of state, two friction factor correlations, two heat transfer correlations and four constitutive laws are included [fr

  10. Optimizing culture medium for debittering constitutive enzyme ...

    African Journals Online (AJOL)

    The objective of this study was to investigate nutrient requirements for extracellular constitutive naringinase production by Aspergillus oryzae JMU316. The one-factor-at-a-time method was used to determine the impact of different carbon and nitrogen sources on naringinase production. Naringin exhibited the highest ...

  11. Constitutive modelling of sandvik 1RK91

    NARCIS (Netherlands)

    Datta, K.; Datta, K.; Hommes, M.; Post, J.; Geijselaers, Hubertus J.M.; Huetink, Han; Beyer, J.; Onate, E; Owen, D.R.J

    2003-01-01

    A physically based constitutive equation is being developed for the maraging stainless steel Sandvik 1RK91. The steel is used to make precision parts. These parts are formed through multistage forming operations and heat treatments from cold rolled and annealed sheets. The specific alloy is designed

  12. POSITION AND STRATEGIC LEITMOTIVS IN CONSTITUTIONAL ...

    African Journals Online (AJOL)

    Information Technology

    novel rigorously interrogating issues of identity and difference. A resoluteness not to repeat the injustices of ... to mind in this regard are National Coalition for Gay and Lesbian Equality v Minister of Justice43 (the ... Lesbian and Gay Equality Project v Minister of Home Affairs,48 the Constitutional. Court judgment in which the ...

  13. globalisation, the development of constitutionalism and the ...

    African Journals Online (AJOL)

    Dr Tanya du Plessis

    is important because labour law systems differ among countries. There may be ... international law and each country's courts will apply its own rules if the court is ..... evidence about the Mozambican constitution or the protection of human rights in that country. What is significant is that the court was prepared to assume.

  14. Great Constitutional Ideas: Justice, Equality, and Property.

    Science.gov (United States)

    Starr, Isidore

    1987-01-01

    Examines the ideas of justice, equality, and property as they are represented in the Declaration of Independence, the U.S. Constitution and the Bill of Rights. Discusses how these ideas affect the way public schools operate and the lessons educators teach or don't teach about our society. Includes ideas for classroom activities. (JDH)

  15. Constitutive laws, tensorial invariance and chocolate cake

    Science.gov (United States)

    Rundle, John B.; Passman, S. L.

    1982-04-01

    Although constitutive modeling is a well-established branch of mathematics which has found wide industrial application, geophysicists often do not take full advantage of its known results. We present a synopsis of the theory of constitutive modeling, couched in terms of the ‘simple material’, which has been extensively studied and is complex enough to include most of the correct models proposed to describe the behavior of geological materials. Critical in the development of the theory are various invariance requirements, the principal ones being coordinate invariance, peer group invariance (isotropy), and frame-indifference. Each places distinet restrictions on constitutive equations. A noncomprehensive list of properly invariant and commonly used constitutive equations is given. To exemplify use of the equations, we consider two problems in detail: steady extension, which models the commonly performed constant strain rate triaxial test, and simple shearing. We note that each test is so restricted kinematically that only the most trivial aspects of material behavior are manifested in these tests, no matter how complex the material. Furthermore, the results of one test do not generally determine the results of the other.

  16. Crushed-salt constitutive model update

    International Nuclear Information System (INIS)

    Callahan, G.D.; Loken, M.C.; Mellegard, K.D.; Hansen, F.D.

    1998-01-01

    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

  17. Does the Constitution Protect the Despised?

    Science.gov (United States)

    Roe, Richard L; And Others

    1984-01-01

    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)

  18. income tax assignment under the ethiopian constitution

    African Journals Online (AJOL)

    eliasn

    Constitution from an income tax point of view. And finally, the article ends with some concluding remarks. 1. Theories of Fiscal Federalism In Income Tax Assignment. Few countries pursue the course of decentralization on grounds of its perceived economic efficiency or equity. Political, social, cultural or historical forces are.

  19. Constitutive and ligand-induced TCR degradation

    DEFF Research Database (Denmark)

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

    2004-01-01

    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...

  20. Constitutional protection against discrimination of homosexuals.

    Science.gov (United States)

    Waaldijk, K

    A brief review of equality for homosexuals prior to 1983 is presented followed by the introduction and explanation of the relevant section of the revised edition of the Dutch Constitution (enacted in 1983). The possible impact of this section on the abolishment of discrimination based on sex and sexual orientation is discussed.

  1. Notes: Constitutionalism | Bazezew | Mizan Law Review

    African Journals Online (AJOL)

    Mizan Law Review. Journal Home · ABOUT · Advanced Search · Current Issue · Archives · Journal Home > Vol 3, No 2 (2009) >. Log in or Register to get access to full text downloads. Username, Password, Remember me, or Register. Notes: Constitutionalism. M Bazezew. Abstract. (No abstract). Full Text: EMAIL FREE ...

  2. 1 HUMAN DIGNITY - OUR SUPREME CONSTITUTIONAL VALUE ...

    African Journals Online (AJOL)

    Administrator

    There can be little doubt that, as far as constitutional interpretation and statutory interpretation in general is concerned, South Africa is undergoing a transformation from a formal, positivistic vision of law to a substantive, natural law vision of law.4 And the single most significant factor in this transformation is the existence of ...

  3. Language question and the constitutional challenges of ...

    African Journals Online (AJOL)

    to the analogy of the Tower of Babel_ a linguistic confusion. This paper puts multilingualism in its proper perspective as a blessing, which must be accorded a full constitutional recognition, rather than a curse; an asset, rather than a liability. While making Nigeria a focal point of reference, especially the language component ...

  4. Constitutional Provisions And Administrative Disciplinary Powers ...

    African Journals Online (AJOL)

    The Medical and Dental Practitioners Disciplinary Tribunal is empowered to deal with all cases of professional discipline under the Medical and Dental Practitioners Act. This process of administrative adjudication is examined against the background of constitutional provision that affects the exercise of the powers of the ...

  5. The parameters of constitutional conflict after Melloni

    NARCIS (Netherlands)

    Besselink, L.F.M.

    2014-01-01

    The judgment of the Court of Justice of the EU in Melloni makes clear that primacy of EU law is not about citizens’ rights: even the core of their constitutional rights under national law has to be set aside in favour of the "primacy, unity and effectiveness" of EU law. Melloni extends the duty to

  6. The Constitution of a Transnational Policy Field

    DEFF Research Database (Denmark)

    Højbjerg, Erik; Frankel, Christian

    is dependent on an inter-organizational coordination between the EU and ESO. Applying the analytical concept of a `policy field' the analysis shows how the completion of the internal market fundamentally challenges institutionalized conceptions of the role of politics in constituting markets.Keywords: Internal...... market, policy field, technical standards, transnationalization, new approach harmonization, private product policy...

  7. LEGAL AND CONSTITUTIONAL EVALUATION OF THE NIGERIAN ...

    African Journals Online (AJOL)

    sets such as stocks, bonds, real estate, or other financial in- struments funded by foreign exchange assets. These assets can include: balance of payments ...... national agency or programme with the funds meant for the three tiers of government which is dealt with in section 162(3) of the 1999 Constitution. It is important to ...

  8. Culture (and religion) in constitutional adjudication | Rautenbach ...

    African Journals Online (AJOL)

    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, ...

  9. Rapping the 27 Amendments to the Constitution

    Science.gov (United States)

    Knaresborough, Adam

    2009-01-01

    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…

  10. Constitutive behavior of reconsolidating crushed salt

    International Nuclear Information System (INIS)

    Callahan, G.D.; Mellegard, K.D.; Hansen, F.D.

    1998-02-01

    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

  11. School Choice and State Constitutions' Religion Clauses

    Science.gov (United States)

    Komer, Richard D.

    2009-01-01

    After the U.S. Supreme Court's decision in "Zelman v. Simmons-Harris," only state religion clauses represent a potential constitutional bar to the inclusion of religious options in properly designed school choice programs. The two most significant are compelled support clauses and Blaine Amendments. Both are frequently misinterpreted by state…

  12. religious freedom in South African constitutional jurisprudence

    African Journals Online (AJOL)

    Irma Kroeze

    does not combine easily, and if we ignore the effect of language on understanding we will no ... the ways in which the South African Constitutional Court has dealt with the question of religious freedom as an .... recognises both the dependence of politics on social and economic conditions and the dependence of these ...

  13. The U.S. Constitution in Today's World.

    Science.gov (United States)

    Patrick, John J.

    A comparative study of constitutions and governments in world history is a key to deeper understanding of the U.S. Constitution. While many countries have constitutions, the United States is among a minority of nations in today's world that has a constitutional government. Many nations' constitutions truly guarantee few protections of individual…

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

    Science.gov (United States)

    2012-09-18

    ... Day and Citizenship Day, Constitution Week, 2012 #0; #0; #0; Presidential Documents #0; #0; #0;#0... Citizenship Day, Constitution Week, 2012 By the President of the United States of America A Proclamation Today... the candidates for citizenship who will commemorate this day by joining our American family. For more...

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

    Directory of Open Access Journals (Sweden)

    Makbule Çeço

    2014-07-01

    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. The Franco-German constitutional divide: reflections on national and constitutional identity

    NARCIS (Netherlands)

    Reestman, J.H.

    2009-01-01

    German Constitutional Court decision of 30 June 2009 on the compatibility of the Lisbon Treaty with the German Constitution - ‘Identity’ key word of the Lissabon-Urteil - The national identity clause in the current Union Treaty - Nation: people and state; diachronic and synchronic identity -

  17. Parameters of constitutional development: The fiscal compact in between EU and member state constitutions

    NARCIS (Netherlands)

    Besselink, L.F.M.; Rossi, L.S.; Casolari, F.

    2014-01-01

    The answer to the questions whether the Lisbon Treaty is a quasi-constitutional framework to be revised, and whether the crisis is a matter for amending or just completing the Lisbon Treaty, depends on our understanding of what constitutional change is and entails. In this chapter, the boundaries of

  18. Bone mineral density comparison of adolescents with constitutional thinness and anorexia nervosa.

    Science.gov (United States)

    Pehlivantürk Kızılkan, Melis; Akgül, Sinem; Derman, Orhan; Kanbur, Nuray

    2018-04-19

    The negative impact of anorexia nervosa (AN) on bone health is well defined. However, there are very few studies evaluating the effect of constitutional thinness on bone health, especially in the adolescent period and in the male gender. The aim of this study is to compare the bone mineral density (BMD) measurements of adolescents with AN and with constitutional thinness. Between April 2013 and March 2014, 40 adolescents with AN and 36 adolescents with constitutional thinness participated in the study. The femoral neck and lumbar spine BMD were measured by dual energy X-ray absorptiometry (DXA). Mean lumbar z and BMD scores of adolescents with constitutional thinness were significantly lower than in adolescents with AN, whereas the mean femoral z and BMD scores were not significantly different. When males were compared separately, lumbar z and BMD values of the constitutionally thin group were found to be significantly lower than in the AN group. This difference was not significant for females. The difference between the male and female results of our study suggested two hypotheses. The significantly lower BMD values in constitutionally thin boys are attributed to their longer duration of low body mass index (BMI). Although the duration of low BMI is also longer for constitutionally thin girls, similar BMD values of AN and constitutionally thin female groups are attributed to the additional negative impact of estrogen deficiency on the bone health of girls with AN.

  19. CAN THE MUSLIM WORLD BORROW FROM INDONESIAN CONSTITUTIONAL REFORM? A Comparative Constitutional Approach

    Directory of Open Access Journals (Sweden)

    Nadirsyah Hosen

    2007-06-01

    Full Text Available This paper attempts to analytically examine the possibility of constitutional borrowing for the Muslim world regardless the differences in history, system, culture, language, and cha­racteristics. It discusses this issue by looking at the arguments put forth by the oppo­nents of comparative cons­titutional interpre­tation and their counter arguments. It will consider materials from Canada, USA, South Africa, Singapore, Malaysia, and Hungary, taking the position that constitutional borrowing can be justified. The paper argues that the 1999-2002 Indonesian constitutional reform should be taken into account by other Muslim countries in undertaking their constitutional reform. The substantive approach of the Shari‘ah that has been used in Indonesia has shown that Muslim world can reform its constitutions without the “assistance” of Western foreign policy. Indo­nesian constitutional reform has demonstrated that Islamic constitutionalism comes from within Islamic teaching and the Islamic community itself; it is a home grown product.

  20. Mechanism of constitution liquid film migration

    Energy Technology Data Exchange (ETDEWEB)

    Zuo, Hongjun [Univ. of Alabama, Birmingham, AL (United States)

    1999-06-01

    Liquid film migration (LFM) in liquid phase sintering classically involves a large metastable liquid volume adjacent to solid, and migration occurs at an isolated solid-liquid (S-L) interface. Constitutional liquid film migration (CLFM), discovered in alloy 718, has major characteristics similar to those of LFM, except that the metastable liquid is from the constitutional liquation of precipitates on the grain boundary. The similarity between LFM and CLFM has led to the theory that coherency lattice strain responsible for LFM is also responsible for CLFM. The coherency strain hypothesis was tested in this study by evaluating whether the Hillert model of LFM would also apply for CLFM. Experimental results of CLFM in alloy 718 showed that migration velocity followed the trend predicted by the Hillert model. This indicates that the coherency strain hypothesis of LFM also applies for CLFM and that the coherency lattice strain responsible for LFM is also the driving force for CLFM.

  1. Laboratory investigation of constitutive property scaling behavior

    International Nuclear Information System (INIS)

    Tidwell, V.C.

    1994-01-01

    Because many constitutive rock properties must be measured at one scale but applied at another, scaling behavior is an issue facing many applied disciplines, including the petroleum industry. A research program has been established to investigate and a quantify scaling behavior through systematic physical experimentation, with the aim of developing and testing models that describe scaling behavior in a quantitative manner. Scaling of constitutive rock properties is investigated through physical experimentation involving the collection of gas-permeability data measured over a range of discrete scales. The approach is to systematically isolate those factors that influence property scaling and investigate their relative contributions to overall scaling behavior. Two blocks of rock, each exhibiting differing heterogeneity structure. have recently been examined. The two samples were found to yield different scaling behavior, as exhibited by changes in the distribution functions and semi-variograms. Simple models have been fit to the measured scaling behavior that are of similar functional form but of different magnitude

  2. Constitutional problems in the handling of plutonium

    International Nuclear Information System (INIS)

    Witt, S. de.

    1989-01-01

    Reprocessing and final storage involve two different systems of nuclear energy utilization: with or without the use of plutonium. There is a choice available between these two systems. The paper discusss the constitutional implications of this choice. The permission of the use of plutonium as nuclear fuel by the Atomic Energy Law is irreconcilable with the Basic Law, i.e. the Constitution. If the corresponding provisions of the Atomic Energy Law are repealed, then only the plutonium-related branch will be revoked and not the legal permission of nuclear energy as a whole. The fact is not ignored that the Atomic Energy law does not permit the construction and operation of a plant or the handling of plutonium if this were to violate a basic right. However, the plutonium-related branch of nculear energy utilization inevitably results in such basic right violations; hence the Atomic Energy law is unconstitutional in this respect. (orig./HSCH) [de

  3. The Constitution of a Transnational Policy Field

    DEFF Research Database (Denmark)

    Højbjerg, Erik; Frankel, Christian

    The EU internal market has predominantly been studied in terms of changes in delegation of authority and division of labor between EU institutions and member states. However, this EU internal focus ignores that already in 1987 the completion of the internal market was substantially left...... outside EU political and administrative control - in the constitution of the internal market. Second, the delegation raises important analytical questions concerning the identification of the institutional locus of European integration, when the realization of the political goals with the internal market...... is dependent on an inter-organizational coordination between the EU and ESO. Applying the analytical concept of a `policy field' the analysis shows how the completion of the internal market fundamentally challenges institutionalized conceptions of the role of politics in constituting markets.Keywords: Internal...

  4. A Federal Constitution for the European Union

    DEFF Research Database (Denmark)

    Sweeney, Richard J.

    2003-01-01

    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...... within and across member statesthat severely weaken the Union, conceivably contributing to eventual collapse. Insisting onharmonization of commercial codes does not have the destructive potential of attemptingcompletely to harmonize defense and foreign policies; it may, however, lead to needlessconflict......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...

  5. Constitutive relations for multiphase flow modeling

    Energy Technology Data Exchange (ETDEWEB)

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

    1998-01-01

    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)

  6. National simple: Constitutionality Analysis of Exclusions Sectorial

    OpenAIRE

    Mendes, Guilherme Adolfo dos Santos

    2016-01-01

     The Constitution defines the favored legal treatment for small businesses without making any explicit exception, including and especially for tax obligations. Nevertheless, all the laws, which have introduced tax benefits guided by this higher provision, have discriminated small companies due to the economic sector of activity. Known as “National Simple” and introduced by the Complementary Law No. 123/06, the current legislation did not extend its benefits to small production units of a numb...

  7. A constitutive law for degrading bioresorbable polymers.

    Science.gov (United States)

    Samami, Hassan; Pan, Jingzhe

    2016-06-01

    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. Copyright © 2016 Elsevier Ltd. All rights reserved.

  8. The Causes of Failure of the European Constitution From the Perspective of the Constitution-Making Process

    OpenAIRE

    Robert Podolnjak

    2006-01-01

    The basic argument of the article is that the main causes of failure of the European Constitution stem from an inadequate preparation and implementation of a complex procedure of constitution-making for a federation of countries on a continental scale. This process includes the issues of temporal aspects of constitutionmaking, the subject of constitution-making, the text of the constitution, the strategy of constitutional ratifi cation and the constitution-makers themselves. The principal cau...

  9. Global Survey of National Constitutions: Mapping Constitutional Commitments to Sexual and Reproductive Health and Rights.

    Science.gov (United States)

    Pizzarossa, Lucía Berro; Perehudoff, Katrina

    2017-12-01

    General Comment No. 22, issued in 2016 by the Committee on Economic, Social and Cultural Rights (CESCR), clarifies states' legal duties to respect, protect, and fulfill the right to sexual and reproductive health (SRH). Our study analyzes domestic constitutions around the world to investigate whether and to what extent the right to sexual and reproductive health is respected, protected, and fulfilled; to what extent these provisions are inclusive and non-discriminatory; and to what degree the interlinkages between this and other human rights are acknowledged. Of the 195 constitutions accessed, 27 enshrine sexual and/or reproductive health, and seven adopt restrictive approaches to this right. In the 27 constitutions, provisions most frequently enshrine respect of one's sexual health and family planning decisions, the protection of sexual health, and the provision of reproductive health care and family planning services (fulfillment). Most of the 27 constitutions fail to adequately respect reproductive health rights; to protect reproductive health, family planning, and abortion services from third-party interference; and to fulfill all dimensions of sexual health and access to abortion. Three of the 27 constitutions enshrine a universal right to SRH, and additional constitutions protect specific vulnerable groups (such as women, children) and/or restrict the scope of rights holders to couples. Among the 27 constitutions, nine explicitly link the right to sexual and reproductive health to the rights to education, science, and/or to make autonomous decisions about sexuality and reproduction. Our results can serve as a baseline measure to track constitutional reforms in pursuit of the realization of sexual and reproductive health and rights, and as building blocks for future lawmakers committed to realizing these rights through domestic legal reform.

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

    International Nuclear Information System (INIS)

    Anon.

    1984-01-01

    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) [de

  11. The Spanish Constitutional Rights Court and its interpretation of the Term 'Feminism

    Directory of Open Access Journals (Sweden)

    Alejandra Germán Doldán

    2015-10-01

    Full Text Available The Constitutional Tribunal, the highest judicial court involved in the interpretation of the Spanish Constitution, has issued numerous judgments of high technical value in order to advance gender equality. Its decisions had widely developed, as a guarantee, the prohibition of gender discrimination included in Article 14 of the Spanish Constitution. However, these decisions had not always employed theoretically accurate concepts or adequately refined conceptual models This article is a critical examination of the body of case law produced by the Constitutional Tribunal regarding the definition and interpretation of the terms feminism and feminist. The purpose is to determine whether the content given by the Tribunal to these terms matches the theoretical construct derived from the consolidated sociology of gender research or if, contrariwise, it reproduces the ideas and concepts of the patriarchal society that provides the context where these decisions were produced

  12. Europe’s Constitutional Law in Times of Crisis: A Human Rights Perspective

    Directory of Open Access Journals (Sweden)

    Giorgio Baruchello

    2016-03-01

    Full Text Available In this paper, we aim to survey representative constitutional amendments in the European Union’s area, whether attempted or accomplished, as well as significant adjudications by constitutional bodies, since the outset of the ongoing international economic crisis, 2008-2015. We assess these legal phenomena in light of human rights jurisprudence. Pivotal reference in our work is the recently released 7th volume of the Annuaire international des droits de l’homme, edited by G. Katrougalos, M. Figueiredo and P. Pararas under the aegis of the International Association of Constitutional Law. Have European constitutions continued to function qua civil commons in the crisis years? That, at the deepest level of value scrutiny, is the question that our joint survey and analysis aim to answer.

  13. Habermas on European Constitution and European Identity

    Directory of Open Access Journals (Sweden)

    Éva Biró-Kaszás

    2010-12-01

    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.

  14. The Constitutional Deficiencies of the German 'Rechtsgutslehre'

    Directory of Open Access Journals (Sweden)

    Carl-Friedrich Stuckenberg

    2013-01-01

    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: http://ssrn.com/abstract=2200870

  15. A constitutive law for dense granular flows.

    Science.gov (United States)

    Jop, Pierre; Forterre, Yoël; Pouliquen, Olivier

    2006-06-08

    A continuum description of granular flows would be of considerable help in predicting natural geophysical hazards or in designing industrial processes. However, the constitutive equations for dry granular flows, which govern how the material moves under shear, are still a matter of debate. One difficulty is that grains can behave like a solid (in a sand pile), a liquid (when poured from a silo) or a gas (when strongly agitated). For the two extreme regimes, constitutive equations have been proposed based on kinetic theory for collisional rapid flows, and soil mechanics for slow plastic flows. However, the intermediate dense regime, where the granular material flows like a liquid, still lacks a unified view and has motivated many studies over the past decade. The main characteristics of granular liquids are: a yield criterion (a critical shear stress below which flow is not possible) and a complex dependence on shear rate when flowing. In this sense, granular matter shares similarities with classical visco-plastic fluids such as Bingham fluids. Here we propose a new constitutive relation for dense granular flows, inspired by this analogy and recent numerical and experimental work. We then test our three-dimensional (3D) model through experiments on granular flows on a pile between rough sidewalls, in which a complex 3D flow pattern develops. We show that, without any fitting parameter, the model gives quantitative predictions for the flow shape and velocity profiles. Our results support the idea that a simple visco-plastic approach can quantitatively capture granular flow properties, and could serve as a basic tool for modelling more complex flows in geophysical or industrial applications.

  16. Body Hair

    Science.gov (United States)

    ... girlshealth.gov/ Home Body Puberty Body hair Body hair Even before you get your first period , you ... removing pubic hair Ways to get rid of hair top Removing body hair can cause skin irritation, ...

  17. Constitutionalism and good governance in Nigeria (1999-2014 ...

    African Journals Online (AJOL)

    While the country, at present, has a written constitution which in reality, was derived from a military decree, there has been constant debate as to whether what the country has is really a constitution and whether the subsequent civilian regimes are constitutional governments. This paper attempts to analyse the constitutional ...

  18. An Integrated Theory of Constitutionalism in World Society

    DEFF Research Database (Denmark)

    Kjær, Poul F.

    both been regarded a indicating a triumph as well as a failure of constitutionalism. This article circumvents this standoff by questioning the very foundation of constitutional theory in the public/private and the national/transnational distinctions. It is argued that the object of constitutions...... for compatibility between orders through constitutionalisation and the idea of constitutionalism as a way of approaching the future....

  19. Ubuntu versus the core values of the South African Constitution ...

    African Journals Online (AJOL)

    At the dawn of South Africa's new era of constitutionalism the Constitutional Court introduced “African law and legal thinking” and ubuntu to South African jurisprudence as part of the Constitution's source of democratic values. Whereas the Constitutional Court averred on the one hand that African law sustains firmly ...

  20. 1 CHILDREN'S RIGHTS IN THE SOUTH-AFRICAN CONSTITUTION ...

    African Journals Online (AJOL)

    Administrator

    1994-04-27

    Apr 27, 1994 ... In order to fathom the impact of the Constitution upon the rights of children, a general overview of constitutional principles and provisions necessary for the comprehension of the rights of children in the Constitution will be given. .... terms of section 8(2) entitles a court to read constitutional rights into the.

  1. Numerically abnormal chromosome constitutions in humans

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1993-12-31

    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.

  2. Evaluation of constitutive models for crushed salt

    Energy Technology Data Exchange (ETDEWEB)

    Callahan, G.D.; Loken, M.C. [RE/SPEC, Inc., Rapid City, SD (United States); Hurtado, L.D.; Hansen, F.D.

    1996-05-01

    Three constitutive models are recommended as candidates for describing the deformation of crushed salt. These models are generalized to three-dimensional states of stress to include the effects of mean and deviatoric stress and modified to include effects of temperature, grain size, and moisture content. A database including hydrostatic consolidation and shear consolidation tests conducted on Waste Isolation Pilot Plant (WIPP) and southeastern New Mexico salt is used to determine material parameters for the models. To evaluate the capability of the models, parameter values obtained from fitting the complete database are used to predict the individual tests. Finite element calculations of a WIPP shaft with emplaced crushed salt demonstrate the model predictions.

  3. Validation of constitutive equations for steel

    International Nuclear Information System (INIS)

    Valentin, T.; Magain, P.; Quik, M.; Labibes, K.; Albertini, C.

    1997-01-01

    High strain rate mechanical properties are a major concern for each steel manufacturer, especially with respect to thin sheet steel used in the automotive branch. We began to study this topic by starting a project with the following goals: acquiring reliable experimental data, understanding in depth the energy absorption in thin sheet steel and finding the right constitutive material equation. The first part of the project has been presented in. In this paper we present data computation and comparison with the existing material model theories to exploit the experimental data. (orig.)

  4. Ritual Slaughter in the Modern Constitutional State

    DEFF Research Database (Denmark)

    Afsah, Ebrahim

    In this proposed presentation I intend to give a historical overview of the political and constitutional debates in selected European countries – including Germany, France, Great Britain, Holland and Scandinavia – from the nineteenth century to the present day, paying special attention to the shi....... Similar in nature if not necessarily in intensity to questions of forced and/or underage marriage, male circumcision and female genital mutilation, the commitment of the secular state to animal welfare cannot summarily be rejected by demands for religious freedom....

  5. Civil and Constitutional Rights of Adjudicated Youth.

    Science.gov (United States)

    Landess, Jacqueline

    2016-01-01

    Mental health clinicians serving child and adolescent patients are frequently asked to evaluate youth who have been arrested for various offenses or who are otherwise involved with the juvenile justice system. To help orient clinicians and other stakeholders involved with such cases, this article describes the evolution of the juvenile justice system and summarizes the history and current status of the civil and constitutional rights of youth involved in the adjudicatory process. This article also points out key areas in which due process rights are still evolving, particularly in the case of status offenders. Copyright © 2016 Elsevier Inc. All rights reserved.

  6. The EU and Constitutionalism in Egypt

    DEFF Research Database (Denmark)

    Seeberg, Peter

    2013-01-01

    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...... of the unrest in Egypt followed by an analysis of the European-Egyptian relationship over the last two years divided in three parts: Egypt and the ENP-UfM complex, the Muslim Brotherhood and the Egyptian political transformation process seen in a European perspective and finally the migration issue...

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

    DEFF Research Database (Denmark)

    Gáspár-Szilágyi, Szilárd

    2013-01-01

    “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...... 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...

  8. Engineering and the constitution. Technik und Verfassung

    Energy Technology Data Exchange (ETDEWEB)

    Herzog, R.

    1988-01-01

    We can see at every turn how instruments once used for the good of mankind become blunt right before our very eyes. They still serve their purpose, but each further step brings about less additional benefit ('residual benefit'). This is a fundamental problem rather than a detail problem, as it is the self-concept, reliability and stability of our public order that is at risk. 'Constitution' in this sense is more than just the legal basis of the state; as used by the author it refers to the laws governing a society's life. (orig./HSCH).

  9. The Scottish Constitutional Tradition: A Very British Radicalism?

    Directory of Open Access Journals (Sweden)

    Bulmer W. Elliot

    2015-11-01

    Full Text Available This paper discusses recent developments in Scottish nationalist constitutional thought during the period of 2002 to 2014, showing how the Scottish constitutional conversation has diverged from, but continues to be influenced by, the UK-wide constitutional conversation at Westminster. It presents Scottish nationalist constitutional thought as a ‘very British radicalism’, which is characterised by certain constitutional forms and ideas that are radical in a British context (such as popular sovereignty, proportional representation, a written constitution, and a commitment to covenantal socio-economic and environmental provisions while at the same time retaining a persistent ‘Britishness’ in terms of specific institutional proposals and ambivalence towards the principles of constitutional government. Finally, I will discuss possible designs of a future constitutional settlement in Scotland and the United Kingdom. Notably, I will explore how far the Scottish constitutional tradition might impact on the constitutional shape of the United Kingdom.

  10. Ide Mengakomodasi Constitutional Complain sebagai Kewenangan Baru Mahkamah Konstitusi Indonesia

    OpenAIRE

    Taruna, Bayu Lesmana

    2010-01-01

    Constitutional Courts presence in the Indonesian state administration system in, order to reform state affairs which menutut law enforcement in a fair and democratic about the constitution. In general, society or justitiabellen who feel their human rights have been violated by the law expect to benefit by the existence of the Constitutional Court. Further development of the Constitutional Court has managed to provide protection for the constitutional rights of citizens from any violation of l...

  11. The Eurozone Crisis: A Constitutional Analysis

    Directory of Open Access Journals (Sweden)

    Anna Sting

    2015-08-01

    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.

  12. National simple: Constitutionality Analysis of Exclusions Sectorial

    Directory of Open Access Journals (Sweden)

    Guilherme Adolfo dos Santos Mendes

    2016-06-01

    Full Text Available The Constitution defines the favored legal treatment for small businesses without making any explicit exception, including and especially for tax obligations. Nevertheless, all the laws, which have introduced tax benefits guided by this higher provision, have discriminated small companies due to the economic sector of activity. Known as “National Simple” and introduced by the Complementary Law No. 123/06, the current legislation did not extend its benefits to small production units of a number of industries, such as the automotive industry, the passenger transport industry, the energy industry and the industry of manufacture of weapons, beverages and tobacco products. By demonstrating the mistakes of the arguments in favor of such exclusions, the article holds up that none of these provisions meets constitutional standards. Furthermore, based on a critical analysis of the Positive Law, it is shown that the hidden desire behind the exclusions was to keep the economic sectors of high profitability under control of big corporations to the detriment of smaller initiatives.

  13. HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW

    Directory of Open Access Journals (Sweden)

    Cass R. Sunstein

    2017-02-01

    Full Text Available Human beings often see coherence and planned design when neither exists. This is so in movies, literature, history, economics, and psychoanalysis – and constitutional law. Contrary to the repeated claims of George Lucas, its principal author, the Star Wars series was hardly planned in advance; it involved a great deal of improvisation and surprise, even to Lucas himself. Serendipity and happenstance, sometimes in the forms of eruptions of new thinking, play a pervasive and overlooked role in the creative imagination, certainly in single authored works, and even more in multi-authored ones extending over time. Serendipity imposes serious demands on the search for coherence in art, literature, history, and law. That search leads many people (including Lucas to misdescribe the nature of their own creativity and authorship. The misdescription appears to respond to a serious human need for sense-making and pattern-finding, but it is a significant obstacle to understanding and critical reflection. Whether Jedi or Sith, many authors of constitutional law are a lot like the author of Star Wars, disguising the essential nature of their own creative processes.

  14. Constitutional moments in governing science and technology.

    Science.gov (United States)

    Jasanoff, Sheila

    2011-12-01

    Scholars in science and technology studies (STS) have recently been called upon to advise governments on the design of procedures for public engagement. Any such instrumental function should be carried out consistently with STS's interpretive and normative obligations as a social science discipline. This article illustrates how such threefold integration can be achieved by reviewing current US participatory politics against a 70-year backdrop of tacit constitutional developments in governing science and technology. Two broad cycles of constitutional adjustment are discerned: the first enlarging the scope of state action as well as public participation, with liberalized rules of access and sympathetic judicial review; the second cutting back on the role of the state, fostering the rise of an academic-industrial complex for technology transfer, and privatizing value debates through increasing delegation to professional ethicists. New rules for public engagement in the United Sates should take account of these historical developments and seek to counteract some of the anti-democratic tendencies observable in recent decades.

  15. Constitutive model for coupled inelasticity and damage

    International Nuclear Information System (INIS)

    Kawai, M.

    1995-01-01

    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)

  16. Preliminary Test for Constitutive Models of CAP

    International Nuclear Information System (INIS)

    Choo, Yeon Joon; Hong, Soon Joon; Hwang, Su Hyun; Lee, Keo Hyung; Kim, Min Ki; Lee, Byung Chul; Ha, Sang Jun; Choi, Hoon

    2010-01-01

    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

  17. Preliminary Test for Constitutive Models of CAP

    Energy Technology Data Exchange (ETDEWEB)

    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)

    2010-05-15

    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

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

    Directory of Open Access Journals (Sweden)

    Erika García Cobián Castro

    2013-12-01

    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.

  19. [Dermatoglyphic aspects of the human morphological constitution].

    Science.gov (United States)

    Negasheva, M A

    2007-01-01

    The relationship between dermatoglyphic and somatical features was investigated on the basis of the comprehensive anthropological study of 242 young men and 427 girls that included finger-printing and measurement of more than 40 body, head and face parameters, and the use of different statistical methods. The relationship of somatic and dermatoglyphic characteristics detected in young men show a tendency to nonrandom increase of many skeletal body dimension parameters and body perimeters along with complication of dermatoglyphic patterns changing from the arch to the whorl type. In girls, similar regularity was detected for skin folds measured under the scapula and at the shoulder back surface. Results of canonic analysis of the skeletal parameters show significant separation of the young men group into dermatoglyphic phenotypes: complication of the finger-print pattern increases with more massive distal epiphyses of the limb bones.

  20. Constituting objectivity: Transcendental perspectives on modern physics

    Science.gov (United States)

    Everett, Jonathan

    2012-05-01

    There is increasing interest in exploring Kantian approaches in the study of the history and philosophy of physics. The most well-known examples of this trend-Friedman's (2001), Ryckman's (2005) and DiSalle's (2006)-focus on Kantianism in the context of the development of the general theory of relativity. The edited collection Constituting Objectivity seeks to develop key Kantian insights-in the most part-in the context of later developments in physics: as well as discussing relativity the volume also provides Kantian interpretations of Bohr's development of quantum theory and continues to provide Kantian insight from later interpretations of quantum mechanics all the way through to considering noncommutative geometry and loop quantum gravity. The volume contains papers on a wide variety of subjects and offers an essential introduction to the breadth of Kantian trends in modern physics.

  1. The Causes of Failure of the European Constitution From the Perspective of the Constitution-Making Process

    Directory of Open Access Journals (Sweden)

    Robert Podolnjak

    2006-01-01

    Full Text Available The basic argument of the article is that the main causes of failure of the European Constitution stem from an inadequate preparation and implementation of a complex procedure of constitution-making for a federation of countries on a continental scale. This process includes the issues of temporal aspects of constitutionmaking, the subject of constitution-making, the text of the constitution, the strategy of constitutional ratifi cation and the constitution-makers themselves. The principal causes of failure of the European Constitution will be presented in the form of certain preliminary assumptions, which will then be examined in the light of certain comparative experiences of constitution-making in two federal systems – the American and the Swiss system. The primary mistakes of the European constitution-making are refl ected in the lack of an appropriate moment for making the constitution, in the vagueness of the document in terms of its constitutional or contractual quality, in the creation of a text of the Constitution which is completely incomprehensible to the average citizen, in the making of the Constitution without a vision or ambition, in the complete lack of any strategy of ratifi cation of the Constitution, in the insistence on the direct participation of the people in the adoption of the Constitution, which is legally and politically considered primarily an international treaty, and in badly managed media presentation and defence of the Constitution before the European public. The most important mistakes, crucial to the failure of the Constitution, are the ambivalent approach of the European constitutionmakers to the mode of ratifi cation of the Constitution, and their disregard of the constitution-making experience of other federal countries.

  2. Global Survey of National Constitutions : Mapping Constitutional Commitments to Sexual and Reproductive Health and Rights

    NARCIS (Netherlands)

    Berro Pizzarossa, Lucia; Perehudoff, Katrina

    2017-01-01

    General Comment No. 22, issued in 2016 by the Committee on Economic, Social and Cultural Rights (CESCR), clarifies states' legal duties to respect, protect, and fulfill the right to sexual and reproductive health (SRH). Our study analyzes domestic constitutions around the world to investigate

  3. The Balancing Act between the Constitutional Right to Strike and the Constitutional Right to Education

    Science.gov (United States)

    Deacon, H. J.

    2014-01-01

    While the South African Constitution enshrines both children's right to a basic education and teachers' right to strike, conflict between these two often occurs when the way in which teachers' unions conduct strike actions detracts from learners' education. This article identifies the parties affected by industrial action in the school context,…

  4. Energy metabolism and whole-exome sequencing-based analysis of Sasang constitution: a pilot study

    OpenAIRE

    Hyoung Kyu Kim; Heetak Lee; Ji Ho So; Seung Hun Jeong; Dae Yun Seo; Jong-Yeol Kim; Sanguk Kim; Jin Han

    2017-01-01

    Background: Traditional Korean Sasang constitutional (SC) medicine categorizes individuals into four constitutional types [Tae-eum (TE), So-eum (SE), Tae-yang (TY), or So-yang (SY)] based on biological and physiological characteristics. As these characteristics are closely related to the bioenergetics of the human body, we assessed the correlation between SC type and energy metabolism features. Methods: Forty healthy, young (22.3 ± 1.4 years) males volunteered to participate in this study....

  5. Foreign Body

    Science.gov (United States)

    ... SearchingPediatrics.com Pediatrics Common Questions, Quick Answers Foreign Body Donna D'Alessandro, M.D. Lindsay Huth, B. ... I call the doctor? What is a foreign body? A foreign body is when an object is ...

  6. Constitutive Theory Developed for Monolithic Ceramic Materials

    Science.gov (United States)

    Janosik, Lesley A.

    1998-01-01

    With the increasing use of advanced ceramic materials in high-temperature structural applications such as advanced heat engine components, the need arises to accurately predict thermomechanical behavior that is inherently time-dependent and that is hereditary in the sense that the current behavior depends not only on current conditions but also on the material's thermomechanical history. Most current analytical life prediction methods for both subcritical crack growth and creep models use elastic stress fields to predict the time-dependent reliability response of components subjected to elevated service temperatures. Inelastic response at high temperatures has been well documented in the materials science literature for these material systems, but this issue has been ignored by the engineering design community. From a design engineer's perspective, it is imperative to emphasize that accurate predictions of time-dependent reliability demand accurate stress field information. Ceramic materials exhibit different time-dependent behavior in tension and compression. Thus, inelastic deformation models for ceramics must be constructed in a fashion that admits both sensitivity to hydrostatic stress and differing behavior in tension and compression. A number of constitutive theories for materials that exhibit sensitivity to the hydrostatic component of stress have been proposed that characterize deformation using time-independent classical plasticity as a foundation. However, none of these theories allow different behavior in tension and compression. In addition, these theories are somewhat lacking in that they are unable to capture the creep, relaxation, and rate-sensitive phenomena exhibited by ceramic materials at high temperatures. The objective of this effort at the NASA Lewis Research Center has been to formulate a macroscopic continuum theory that captures these time-dependent phenomena. Specifically, the effort has focused on inelastic deformation behavior associated

  7. 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

    Directory of Open Access Journals (Sweden)

    František Langer

    2010-06-01

    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 ml.kg–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

  8. The constitutionality of mandatory seat belt use legislation.

    Science.gov (United States)

    1972-12-01

    A number of trends indicate that mandatory seat belt use legislation is to be expected within the near future. The constitutionality of such self-protective legislation has been the subject of recent speculation. Constitutional challenges may be expe...

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

    Czech Academy of Sciences Publication Activity Database

    Blahož, Josef

    2013-01-01

    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

  10. Keterbatasan Pengadilan untuk Melakukan Pengujian Konstitusional (Constitutional Review): Pengalaman Jepang

    OpenAIRE

    Isharyanto,

    2015-01-01

    The realm of political practice today , a mechanism for checking the legalnorms by the court to ensure the coherence of the legislation of the constitution becomes inevitable (judicial constitutional review ) . Learning the Japanese experience , that constitutionalism is the reconstruction of post-war Japan ystem ystem kenegaran of civil law -based rule by law be a constitutionalism which is based on the rule of law .

  11. Protection of the employee's constitutional rights and freedoms

    OpenAIRE

    Vanagėlienė, Renata

    2014-01-01

    PROTECTION OF THE EMPLOYEE'S CONSTITUTIONAL RIGHTS AND FREEDOMS SUMMARY The goal aimed at in the present thesis is on the basis of the Constitution, Labour Code and other legal acts regulating labour legislation, International agreements, Council Directives Resolutions of the Constitutional Code of the Republic of Lithuania to disclose the concept of constitutional rights and freedoms of an employee, to present a mechanism of their protection and to examine guarantees provided for in the Labo...

  12. Health care for Micronesians and constitutional rights.

    Science.gov (United States)

    Shek, Dina; Yamada, Seiji

    2011-11-01

    Under the Compacts of Free Association (COFA), people from the Freely Associated States--the Republic of Palau (ROP), the Republic of the Marshall Islands (RMI), and the Federated States of Micronesia (FSM)--have been migrating to the United States in increasing numbers. In 1996, Congress passed broad welfare reform (Personal Responsibility and Work Opportunity Reconciliation Act) which limited certain federal benefits previously available to COFA migrants, including Medicaid benefits. Prior to July 2010, the State of Hawai'i had continued to include COFA migrants under its state-funded Medicaid program. In the face of budget constraints, the State removed these people from its Medicaid rolls. A challenge on the legal basis of the denial of equal protection of the laws, ie, the Fourteenth Amendment to the US Constitution, was successful in reinstating health care to the COFA migrants in December 2010. From the health worker's perspective, regardless of various social justice arguments that may have been marshaled in favor of delivering health care to the people, it was an appeal to the judicial system that succeeded. From the attorney's perspective, the legal victories are potentially limited to the four walls of the courtroom without community involvement and related social justice movements. Together, the authors propose that in order to better address the issue of health care access for Micronesian peoples, we must work together, as health and legal advocates, to define a more robust vision of both systems that includes reconciliation and community engagement.

  13. Financial Accounting Constitution or its Referential Matrix

    Directory of Open Access Journals (Sweden)

    Niculae Feleaga

    2006-07-01

    Full Text Available Using a simplified approach it may be stated that the financial accounting theoretical framework is structured on three levels. At the first level, reference is made to the accounting objectives. These objectives are fundamental for the theoretical framework. At the second level, we find the accounting information characteristics and explicit mentions about the headings of financial statements. The mentioned characteristics of accounting information represent the basic issues for ensuring its utility. The headings represent the main categories of elements disclosed in the financial statements, like assets and liabilities – these two elements’ definitions brought radical changes both in the accounting thinking and practices. Overall, the second level’s components represent the basis for building the practice directives as a matter of recognition (identification and measurement (evaluation. Inside the third level, the recognition and measurement directives are being detailed, which will be further used by the accounting specialist in order to identify and apply the accounting standards. These two directives enclose postulates, principles and restrictions. Such specifications prove to be useful whenever precise answers must be given to relative financial information issues. Usually, it is accepted that the theoretical framework, also called the accounting framework is the standard-setting, metaphorically speaking is actually the constitution of financial accounting, or in other words, its reference matrix.

  14. Constitutive Laws for Geomaterials Lois constitutives pour les géomatériaux

    Directory of Open Access Journals (Sweden)

    Papamichos E.

    2006-12-01

    Full Text Available An abundance of constitutive laws exists to approximate the behavior of geomaterials under various stresses, boundary conditions and loading paths, pore pressures, temperatures and so on. The construction of constitutive laws is driven by two competing trends: the tendency for a unifying law describing the material behavior under the most general conditions, and the need for laws that can be used efficiently in practice. The latter incorporates both the possibility of calibration from available specimens and the user-friendliness of the law. For engineering purposes, the second tendency dominates and the engineer scientist has to evaluate the problem and select the most appropriate model to describe the dominant phenomena on hand. A review of various constitutive laws for geomaterials is presented with an emphasis on their application. Various examples of engineering problems and geomaterials with emphasis on petroleum applications are used to demonstrate that the law must be as simple as possible but not simpler. Il existe un nombre important de lois constitutives permettant d'approcher le comportement des géomatériaux sous diverses contraintes, conditions aux limites et divers chemins de chargement, pressions de pore, températures, etc. L'élaboration de lois constitutives suit deux tendances concurrentes : la tendance à élaborer une loi unifiée décrivant le comportement du matériau sous les conditions les plus générales, et le besoin de lois justifié par une utilisation efficace dans la pratique. La dernière tendance inclut à la fois la possibilité d'une calibration par des essais sur des échantillons disponibles, et la convivialité de la loi. À des fins d'ingénierie, la seconde tendance domine, l'ingénieur doit évaluer le problème et sélectionner le modèle le plus approprié pour décrire le phénomène dominant observé. Dans cet article, un examen des diverses lois constitutives pour les géomatériaux, et en

  15. CHAPTER FOUR LİBERTY AND TURKISH CONSTITUTIONS:

    OpenAIRE

    FENDOĞLU, Doç.Dr.Hasan Tahsin

    2014-01-01

    CHAPTER FOUR LIBERTY AND TURKISH CONSTITUTIONS: Doç.Dr.Hasan Tahsin FENDOĞLU ABSTRACT: Turkish Constitution of 1982 is the first and only Turkish Constitution that has a main purpose on strengthening the political power not the liberty or democr...

  16. Avoiding Mazibuko : water security and constitutional rights in ...

    African Journals Online (AJOL)

    The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The Constitutional Court ruled that the right of access to sufficient water does not require that the state provide ...

  17. The Practice of Informal Changes to the Ethiopian Constitution

    African Journals Online (AJOL)

    Nigussie Afesha

    A constitution outlines the major principles and the basic organization, structure, and process of a state.2 ... Publishing, p 96. 9 Ibid. 10 Bjørn Erik Rasch, (2008), Foundations of Constitutional Stability: Veto Points, Qualified ... changes in the life of the Constitution such as judicial interpretation, legislation, party practice and ...

  18. Human Rights under the Ethiopian Constitution: A Descriptive ...

    African Journals Online (AJOL)

    This article summarizes human rights under the Ethiopian Constitution (mainly surrounding Chapter 3 of Constitution and related constitutional provisions on human and democratic rights), and forwards some insights. It, inter alia, covers various aspects of the application and interpretation of human rights provisions, ...

  19. Reflections on the Establishment of Constitutional Government in Eastern Europe.

    Science.gov (United States)

    Varat, Jonathan D.

    Establishing constitutional government involves not simply the creation of a written document that purports to create the political structure of a nation and guarantee rights to its people, but "constitutionalism" in the sense of meaningful and effective adherence to constitutional norms of democratic organization and the protection of…

  20. Modernity, Rationality and Constitutional Law in Muslim-Majority Countries

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    constitutions played in institutionalising a new sort of dominion in the newly established states. Against this background, the paper discusses the relationship between constitutionalism and Shari’a law, presenting this as a clash between two competing normative visions that are conceptually difficult...... and constitutionalism as a cultural imposition, and as a new form of colonization....

  1. Jonathan's Constitutional Conference in Nigeria: A reflection and a ...

    African Journals Online (AJOL)

    The process of bringing forth a constitution is as crucial and important as the constitution itself. However, while this ideal has been institutionalized in many liberal democracies, it is yet to be fully embraced in many illiberal countries. In Nigeria, the focus of this discourse, the process of constitution-making is as old as the ...

  2. Continuum mechanics of single-substance bodies

    CERN Document Server

    Eringen, A Cemal

    1975-01-01

    Continuum Physics, Volume II: Continuum Mechanics of Single-Substance Bodies discusses the continuum mechanics of bodies constituted by a single substance, providing a thorough and precise presentation of exact theories that have evolved during the past years. This book consists of three parts-basic principles, constitutive equations for simple materials, and methods of solution. Part I of this publication is devoted to a discussion of basic principles irrespective of material geometry and constitution that are valid for all kinds of substances, including composites. The geometrical notions, k

  3. The Jefferson Meeting on the Constitution: The Constitution in the Community. A Guide to Organizing a Community Jefferson Meeting.

    Science.gov (United States)

    Jefferson Foundation, Washington, DC.

    Since its founding in 1983, The Jefferson Foundation has engaged increasing numbers of Americans in study and discussion of the U.S. Constitution. Through participation in Jefferson Meetings on the Constitution citizens will come to a fuller understanding of how the Constitution was made, why it designed the national government the way it did, and…

  4. Operações de gênero: o filme XXY (2007 e a produção do corpo e do sexo como “naturais”. Operações de gênero: o filme XXY (2007 e a produção do corpo e do sexo como “naturais” Gender operations: the film XXY (2007 and the constitution of the body and sex as “natural”.

    Directory of Open Access Journals (Sweden)

    Luciana Fogaça Monteiro

    2009-11-01

    domínio daquilo que Butler chamou de “corpos abjetos”. A idéia aqui é, através da história trazida pelo filme, entender como concepções amalgamadas de gênero usam seu bisturi para operam tanto corpos considerados “anormais” quanto os considerados “normais”, afetando a todos.

    Based on Foucault’s concept of the body as the surface of inscription of history, and on the work of Judith Butler, this article questions the way that binary and normative conceptions of gender operate in the constitution of a field of intelligibility for subjects and their bodies. We analyse the film XXY (2007 that tells the story of Alex, an intersexual adolescent. We use the main character's story to see how gender norms act to shape bodies and limit their pleasures. We argue that subjects and bodies that do not correspond to the normative ideal are seen as “abject bodies”, following Butler’s definition. The argument is that gender norms operate on all bodies: the normal and the abject.

  5. The spirit of the constitution. The institutionalized unsociability in Greece

    Directory of Open Access Journals (Sweden)

    Savvas MAVRIDIS

    2017-08-01

    Full Text Available With this article attempts a comparison of the Greek Constitution of 1975, the constitutions of Germany, USA, Switzerland, Austria, France, UK and Italy on the issue of property relations and general interest, in order to highlight those notified differences relating to these communities and resulted in specific social situations. While the constitutions of the other countries, which are among the most representative democracies of the Western world, are characterized by an increased institutionalization of sociability, the Greek constitution on the issue of general interest takes an antisocial and, at best, neutral attitude. The convergence of the Greek constitution on this issue with the other constitutions is considered a prerequisite for overcoming the crisis and, more generally, for social development. This little effort hopes to contribute to a more social future formulation of the Greek constitution and a corresponding behaviour of Greek society.

  6. Stability of non-linear constitutive formulations for viscoelastic fluids

    CERN Document Server

    Siginer, Dennis A

    2014-01-01

    Stability of Non-linear Constitutive Formulations for Viscoelastic Fluids provides a complete and up-to-date view of the field of constitutive equations for flowing viscoelastic fluids, in particular on their non-linear behavior, the stability of these constitutive equations that is their predictive power, and the impact of these constitutive equations on the dynamics of viscoelastic fluid flow in tubes. This book gives an overall view of the theories and attendant methodologies developed independently of thermodynamic considerations as well as those set within a thermodynamic framework to derive non-linear rheological constitutive equations for viscoelastic fluids. Developments in formulating Maxwell-like constitutive differential equations as well as single integral constitutive formulations are discussed in the light of Hadamard and dissipative type of instabilities.

  7. Feliform carnivores have a distinguished constitutive innate immune response

    Directory of Open Access Journals (Sweden)

    Sonja K. Heinrich

    2016-05-01

    Full Text Available Determining the immunological phenotype of endangered and threatened populations is important to identify those vulnerable to novel pathogens. Among mammals, members of the order Carnivora are particularly threatened by diseases. We therefore examined the constitutive innate immune system, the first line of protection against invading microbes, of six free-ranging carnivore species; the black-backed jackal (Canis mesomelas, the brown hyena (Hyena brunnea, the caracal (Caracal caracal, the cheetah (Acinonyx jubatus, the leopard (Panthera pardus and the lion (Panthera leo using a bacterial killing assay. The differences in immune responses amongst the six species were independent of their foraging behaviour, body mass or social organisation but reflected their phylogenetic relatedness. The bacterial killing capacity of black-backed jackals, a member of the suborder Caniformia, followed the pattern established for a wide variety of vertebrates. In contrast, the five representatives of the suborder Feliformia demonstrated a killing capacity at least an order of magnitude higher than any species reported previously, with a particularly high capacity in caracals and cheetahs. Our results suggest that the immunocompetence of threatened felids such as the cheetah has been underestimated and its assessment ought to consider both innate and adaptive components of the immune system.

  8. Predominant constitutive CFTR conductance in small airways

    Directory of Open Access Journals (Sweden)

    Lytle Christian

    2005-01-01

    Full Text Available Abstract Background The pathological hallmarks of chronic obstructive pulmonary disease (COPD are inflammation of the small airways (bronchiolitis and destruction of lung parenchyma (emphysema. These forms of disease arise from chronic prolonged infections, which are usually never present in the normal lung. Despite the fact that primary hygiene and defense of the airways presumably requires a well controlled fluid environment on the surface of the bronchiolar airway, very little is known of the fluid and electrolyte transport properties of airways of less than a few mm diameter. Methods We introduce a novel approach to examine some of these properties in a preparation of minimally traumatized porcine bronchioles of about 1 mm diameter by microperfusing the intact bronchiole. Results In bilateral isotonic NaCl Ringer solutions, the spontaneous transepithelial potential (TEP; lumen to bath of the bronchiole was small (mean ± sem: -3 ± 1 mV; n = 25, but when gluconate replaced luminal Cl-, the bionic Cl- diffusion potentials (-58 ± 3 mV; n = 25 were as large as -90 mV. TEP diffusion potentials from 2:1 NaCl dilution showed that epithelial Cl- permeability was at least 5 times greater than Na+ permeability. The anion selectivity sequence was similar to that of CFTR. The bionic TEP became more electronegative with stimulation by luminal forskolin (5 μM+IBMX (100 μM, ATP (100 μM, or adenosine (100 μM, but not by ionomycin. The TEP was partially inhibited by NPPB (100 μM, GlyH-101* (5–50 μM, and CFTRInh-172* (5 μM. RT-PCR gave identifying products for CFTR, α-, β-, and γ-ENaC and NKCC1. Antibodies to CFTR localized specifically to the epithelial cells lining the lumen of the small airways. Conclusion These results indicate that the small airway of the pig is characterized by a constitutively active Cl- conductance that is most likely due to CFTR.

  9. Constitution-specific features of perspiration and skin visco-elasticity in SCM.

    Science.gov (United States)

    Kim, Young-Min; Ku, Boncho; Jung, Chang Jin; Kim, Jaeuk U; Jeon, Young Ju; Kim, Keun Ho; Kim, Jong Yeol

    2014-01-15

    Human skin properties have been used as an important diagnostic component in traditional medicine as they change with health conditions. Sasang constitutional medicine (SCM) puts emphasis on the recognition of the constitution-specific skin features prior to the diagnostic decision of health. In this work, in search of skin-characteristics effectively reflecting SCM features, we compared several skin properties such as perspiration, visco-elasticity, elasticity, and elasticity hysteresis, in several candidate body parts. We conducted a clinical study in which a total of 111 healthy females aged 50 - 70 years participated with their Sasang constitution (SC) types determined objectively by the Sasang constitutional analytic tool. Perspiration on the skin surface was estimated by using a capacitance sensor to measure the amount of moisture on the palm, forehead, and philtrum before and after a heating stimulus. We acquired the visco-elasticity, elasticity, and elasticity hysteresis at the forearm by Dermalab's elasticity sensing device. An analysis of covariance (ANCOVA) was conducted to evaluate the effect of SC on the nine skin features acquired. The visco-elasticity of the forearm of the Soeum-in (SE) group was significantly lower than that of the Taeeum-in (TE) group (F = 68.867, p SCM literature; the visco-elasticity, elasticity hysteresis, perspiration on the forehead and philtrum. Our findings are based on a novel interpretation of the SCM literature and will contribute to developing the constitutional health status evaluation system in SCM.

  10. Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo

    Directory of Open Access Journals (Sweden)

    Florent Muçaj

    2016-07-01

    Full Text Available This paper aims at clarifying the report between the President and the Constitutional Court. If we take as a starting point the constitutional mandate of these two institutions it follows that their final mission is the same, i.e., the protection and safeguarding of the constitutional system. This paper, thus, will clarify the key points in which this report is expressed. Further, this paper examines the theoretical aspects of the report between the President and the Constitutional Court, starting from the debate over this issue between Karl Schmitt and Hans Kelsen. An important part of the paper will examine the Constitution of Kosovo, i.e., the contents of the constitutional norm and its application. The analysis focuses on the role such report between the two institutions has on the functioning of the constitutional system. In analyzing the case of Kosovo, this paper examines Constitutional Court cases in which the report between the President and the Constitutional Court has been an issue of review. Such cases assist us in clarifying the main theme of this paper. Therefore, the reader will be able to understand the key elements of the report between the President as a representative of the unity of the people on the one hand and the Constitutional Court as a guarantor of constitutionality on the other hand.

  11. Constitutional foundations of the property rights of citizens and organizations for real estate

    Directory of Open Access Journals (Sweden)

    Zarina Kamilevna Kondratenko

    2015-09-01

    of national defense and state security. Scientific novelty the article presents the study of the Russian constitutional court and the European court on human rights practices relatedto the issues of property rights of citizens and organizations on real estate. The author discusses the legal positions of the above judicial bodies in order to identify the legal challenges and gaps in the Russian legislation as well as to identify the areas for improvement of the civil legislation. Practical significance the research results can be used for the purposes of lawmaking to improve the standards of domestic constitutional and civil law. Certain provisions may be usedin judicial practice for the consideration and resolution of cases. Research proposals may also find application in the preparation of curricula textbooks and teaching courses on quotCivil lawquot quotLand lawquot quotProprietary rights for real estatequot. nbsp

  12. [The voice as an anthropologic marker system, its constitutional correlates and characteristics].

    Science.gov (United States)

    Hertrich, I; Ziegelmayer, G

    1988-06-01

    The nonverbal component of human speech contains some information about the speaker himself, which for example enables listeners to recognize speakers from their voice. Here it was examined to what extent the speaker's body size and shape are betrayed in his speech signal and thus can be recognized by listeners. Contrary to earlier constitutional studies only size and not shape correlates with acoustical parameters of speech; comparing listening experiments with acoustical analysis gives some evidence that the average sound spectrum is used by listeners for judging speaker's body size.

  13. Constitutional Decree No. 19 promulgating the Constitution of the Oriental Republic of Uruguay, 15 August 1984.

    Science.gov (United States)

    1988-01-01

    This Decree amends Section 44 of the Constitution of Uruguay to read as follows: "44. The State shall legislate on all matters related to public health and hygiene, and shall assure the improvement of the physical, moral, and social well-being of all the inhabitants of the country. All inhabitants shall have a duty to care for their own health and to have themselves treated in the event of disease. The State shall make available, without charge, means of prevention and medical care to indigent persons or to persons lacking sufficient resources." full text

  14. Constitution and common law in bioethics.

    Science.gov (United States)

    Santosuosso, A

    2001-10-01

    In recent years legal intervention in bioethical matters has increased notably following various paths: court decisions, parliamentary acts, codes of conduct and solemn declarations (i.e. European Bioethics Convention, 1997, or the UNESCO Genome Declaration, 1997). Body and liberty, as a question of fundamental legal rights, are constitutionalized along two paths. The former is vertical (a text created at central level is open to ratification and domestic implementation to finally become the rule in concrete cases). The latter is, above all, horizontal. It is characterized by the existence at world level of a number of centres and institutions, with the judiciary and judge-made law playing a major role. The most important new rights and freedoms in bioethics have been recognized in this ever-changing and troubled environment. The horizontal way has the great advantage of considering the differences as a resource and not as a limit. In the case law on bioethics a sort of jurisprudential model seems to be at work, that goes some way toward a judge-made law at a universal level. Cases such as Cruzan, Bland and Massimo held the fundamental concept of self-determination with surprising similarity. But we don't know if one of them has influenced the others, always supposing that the judges were aware of them. Today's first duty is to raise the consciousness of judges as to how common their problems are and how often their rulings are similar to each other's.

  15. Body Image

    Science.gov (United States)

    ... affect body image Pre-baby body Pregnancy and eating disorders Looking for information on mental health conditions? Visit ... Mental health section. Fact sheets Anorexia nervosa Binge eating disorder Bulimia nervosa Cosmetics and your health Depression during ...

  16. Territory in the Constitutional Standards of Unitary States

    Directory of Open Access Journals (Sweden)

    Marina V. Markhgeym

    2017-06-01

    Full Text Available The article is based on the analysis of the constitutions of seven European countries (Albania, Hungary, Greece, Spain, Malta, Poland, Sweden. The research allows to reveal general and specific approaches to consolidation of norms on territories in a state and give the characteristic of the corresponding constitutional norms. Given the authors ' comprehensive approach to the definition of the territory of the state declared constitutional norms were assessed from the perspective of the fundamental principles and constituent elements of the territory. Considering the specifics of the constitutional types of state territories authors suggest typical and variative models and determine the constitutions of unitary states, distinguished by their originality in the declared group of legal relations. The original constitutional language areas associated with the introduction at the state level, these types of areas that are not typical for other countries.

  17. THE CONSTITUTIONAL PRINCIPLE OF EQUALITY - LEGAL SIGNIFICANCE AND SOCIAL IMPLICATIONS -

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2017-12-01

    Full Text Available The equality in human rights and obligations, the equality of citizens before the law are fundamental categories of the theories on social democracy but also conditions of the lawful state, without which constitutional democracy cannot be conceived. In Romanian Constitution, this principle is consecrated in the form of equality of the citizens before the law and public authorities. There are also particular aspects of this principle consecrated in the Constitution. The constitutional principle of equality requires that equal treatment be applied to equal situations. This social and legal reality implies numerous interferences between the principle of equality and other constitutional principles. In this study, by using theoretical and jurisprudential arguments, we intend to demonstrate that, in relation to contemporary social reality, equality, as a constitutional principle, is a particular aspect of the principle of proportionality. The latter one expresses in essence the ideas of: fairness, justice, reasonableness and fair appropriateness of state decisions to the facts and legitimate aims proposed.

  18. Constitutional Crowdsourcing to Reconcile Demos with Aristos and Nomos

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2017-01-01

    After the failed Icelandic experience of constitutional crowdsourcing (2009-2012), some of the country’s legal community, parliamentarians and policymakers affirmed that the constitutional draft proposed by the constitutional council of 25 citizens and approved unanimously on 27 July 2011....... This paper first remarks on how revolutionary and innovative the constitutional crowdsourcing experience was. From Solon, Ephialtes and Cleisthenes that laid out the foundation of democratic Athens, to modern constitutions that have been penned by few people men, regardless of the political system in which...... it is framed, been liberal democracies or authoritarian states. Derrida stated there is a sort of “semantic indeterminacy” at the core of democracy and that constitutional crowdsourcing is a way to intervene in this indeterminacy. The Icelandic example enlightened that there is a way to mediate between...

  19. Constitutional Justice Procedure in Lithuania: a Search for Optimal Model

    OpenAIRE

    Pūraitė-Andrikienė, Dovilė

    2017-01-01

    The dissertation systematically analyzes the preconditions for optimising the existing constitutional justice model, i.e. whether the current model meets the expectations of Lithuanian society and the legal community, corresponds to the capabilities of the legal system, and is in line with the tendencies of constitutional justice in European states, identifies the problematic aspects of the existing constitutional justice model and brings forward proposals regarding how the legal regulation c...

  20. Study Guide for the United States Constitution and Teacher's Manual.

    Science.gov (United States)

    Hagemann, Frances L.

    Presented in this document are a student's study guide and an accompanying teacher's manual. The purpose of the study guide is to present information on (1) what the U.S. Constitution means, (2) how the U.S. government is organized, (3) why the Constitution is a living document, and (4) why the Constitution is a source of pride for U.S. citizens.…

  1. THE CONSTITUTIONAL CONCEPTS OF THE REFORM TREATY (THE LISBON TREATY

    Directory of Open Access Journals (Sweden)

    Emilian Ciongaru

    2017-12-01

    Full Text Available The Lisbon Treaty also known as the Reform Treaty provides only an amendment of the treaties considered as fundamental, namely the Treaty on the European Union and the Treaty on the functioning of the European Union and is the result of the constitutional process triggered by the Laeken Declaration adopted by the European Council. The Lisbon Treaty is still built on the content of the European Constitution from which they eliminated the most controversial provisions, first of all the title of Constitution that might produce concern and panic among the European Union population through the symbolic power it contained, and for Romania this new treaty was the first it signed in quality of a Union member state. Even if does not bear the name of European Constitution, the Lisbon Treaty is a European Constitution for the following reasons: first it is a Constitution because it gathers together most of the fundamental elements of the Constitutional Treaty, even if it does not have the structure or the name thereof, and second the treaties after the Lisbon reform have become small constitutions from the operational viewpoint, they develop the functions of a constitution, limit power and organize the operation of the organization.

  2. Constitutive Behavior and Damage Characterization of High Temperature Polymer Composites

    National Research Council Canada - National Science Library

    Daniel, Isaac

    2001-01-01

    The objective of this investigation was to characterize the constitutive behavior, physical aging, damage mechanisms and damage development in high temperature polymer matrix composites under various...

  3. THE CASE OF CHINESE CONSTITUTIONAL POLITY WITH CHINESE CHARACTERISTICS: CAN CHINA AND ERITREA DIALOGUE?

    Directory of Open Access Journals (Sweden)

    J.G. Mwangi

    2017-01-01

    Full Text Available This paper subsumes the mysticism of Chinese law by distinguishing it from other bodies of law, while also rendering it transcendental in the contemporary universal legal context. It is also an attempt to romanticize Chinese constitutional law, as afertile ground that can be used to re-thread the fabric of Eritrean constitutional order. The root of this research is nournished by an extravagance of ideas and desires, which if applied can make the ubiquity and plasticity of the rule of law flow across what is perceived to be “unyielding” borders. Eritrea has just turned twenty-five and despite a tangled post-independence period, the country has been successful in articulating and advancing the vision of the pre-independence generation. Today, Eritrea envisages rejuvenating its governance with a new constitution that not only talks to post-independence Eritreans, but also triggers sustainable development with substantive emphasis on the rule of law. Eritrean endeavours can easily open up to the seductive appeal of the rich conceptual enigma of Chinese constitutional polity, China being one of the countries with the oldest legal traditions in the world. It is axiomatic that Chinese constitution-centred governance, which is well adorned with Chinese characteristics, is pre-eminent, for it has influenced China since 1949 to aptly rise as the world’s second largest economy. This paper illustrates that Eritrean constitutional polity can be examined through a Chinese lens, to be calibrated in such a way as to exhibit Eritrean characteristics, and still govern by the rule of law.

  4. The place of skin and body modifications in the constitution of Ego

    OpenAIRE

    Franco Cian, Laura; Rivera Largacha, Silvia

    2012-01-01

    En la teoría de las relaciones objetales y en particular en la teoría de Esther Bick, la piel cumple una función definitiva dentro del proceso de constitución del Yo: con la noción de piel-como-continente se enfatiza la función de este órgano en permitir al infante integrar las partes de su personalidad. Para desarrollar esta función, resulta indispensable introyectar la función contenedora de la madre, pues de no realizarse tal introyección, el individuo deberá desarrollar métodos sustitutiv...

  5. Differentiating constitutional thinness from anorexia nervosa in DSM 5 era.

    Science.gov (United States)

    Estour, Bruno; Marouani, Nesrine; Sigaud, Torrance; Lang, François; Fakra, Eric; Ling, Yiin; Diamondé, Aurélie; Minnion, James S; Galusca, Bogdan; Germain, Natacha

    2017-10-01

    Constitutional thinness (CT) is an underweight state characterized by normal menstruations and no change in feeding behaviour. Thinness is the only resemblance between Anorexia Nervosa (AN) and CT. Removal of amenorrhea from the new DSM 5 definition of AN might result in misdiagnosis between these two populations. The objective of this study was to compare CT, AN and Control subjects in terms of biological, anthropometric, and psychological markers in order to better distinguish AN from CT subjects. Body composition, nutritional markers, pituitary hormones, bone markers and psychological scores were evaluated in three groups of young women: fifty-six CT, forty restrictive-type AN and fifty-four Control subjects. For every marker, a receiver Operator Characteristics (ROC) curve was calculated to evaluate the accuracy of differentiation between AN and CT groups. For most studied parameters, CT subjects were similar to Controls but dramatically different from AN subjects. DEBQ Restrained Eating subscale score was identified by ROC data analysis as the only psychological parameter tested to successfully differentiate AN from CT. Free-T3 and Leptin were shown to be powerful markers to differentiate AN and CT populations as they were highly specific and sensitive ones. The exclusive use of psychological testing criteria is not always sufficient to differentiate AN and CT patients. Minimally, additional testing of Free T3 levels, which is cheap and widely accessible for general practitioners, should be completed to avoid misdiagnosis which could result in the implementation of ineffective treatment plans and social stigmatization for CT women. Copyright © 2017 Elsevier Ltd. All rights reserved.

  6. Democratisation in Africa: The Role of Self-Enforcing Constitutional ...

    African Journals Online (AJOL)

    Drawing on economic ideas about contracts and institutions, this paper outlines a conceptual framework for thinking about the role of constitutional rules in achieving political stability. It also elucidates a critical requirement for sustainable democratic systems, namely that constitutional rules must become self-sustaining to ...

  7. Unquenched thirst: the need for a constitutionally recognized right to ...

    African Journals Online (AJOL)

    Journal of Sustainable Development Law and Policy (The) ... As demonstrated in South Africa, the codification of the right to water in its constitution has improved access to adequate water, sparked government concern and ... Is constitutional recognition of the right to water an adequate alternative to privatization of water?

  8. he Obligations on Government and Society in our Constitutional ...

    African Journals Online (AJOL)

    he Obligations on Government and Society in our Constitutional State to Respect and Support Independent Constitutional Structures. LWH Ackermann ... legislature and the executive, their substantive independence can easily be undermined by fiscal starvation and their ability to function properly impeded by bureaucratic ...

  9. Constitutional obligations of a person and a citizen

    Directory of Open Access Journals (Sweden)

    Alexey Yu. Ogurtsov

    2011-01-01

    Full Text Available The constitution of the Russian Federation does not contain the list of obligations, but theoretically each legal right is supposed to correspond to a legal obligation. Such conformity is achieved by means of attaching obligations not only by Constitution, but by the branch legislation either.

  10. Legal Pluralism, Sharia Courts and Constitutional Issues in Ethiopia ...

    African Journals Online (AJOL)

    ... identity groups as long as they are in conformity with constitutional and human rights standards. Another option is to adopt a hands-off approach whereby the norms and practices of cultural and/or religious groups are permitted to operate and are not necessarily required to meet constitutional and human rights standards.

  11. The nuclear fuels tax is in conformity with constitutional law

    International Nuclear Information System (INIS)

    Faehrmann, Ingo; Ringwald, Roman

    2012-01-01

    There are rulings by three courts of finance concerning the conformity of the nuclear fuels tax with German constitutional law. While the FG Hamburg and FG Munich were in some doubt, the FG Baden-Wuerttemberg was of the opinion that the nuclear fuels tax act is compatible with German constitutional law.

  12. New Zimbabwe Constitution and the Right to Health Campaign 2010

    International Development Research Centre (IDRC) Digital Library (Canada)

    In September 2008 the three main political parties in Zimbabwe signed a Global Political Agreement (GPA), undertaking to engage in the development of a new democratic constitution of over the next 24 months. This project will feed into that process by promoting the inclusion of right to health in the new constitution.

  13. New Zimbabwe Constitution and the Right to Health Campaign 2010

    International Development Research Centre (IDRC) Digital Library (Canada)

    New Zimbabwe Constitution and the Right to Health Campaign 2010. In September 2008 the three main political parties in Zimbabwe signed a Global Political Agreement (GPA), undertaking to engage in the development of a new democratic constitution of over the next 24 months. This project will feed into that process by ...

  14. New constitutive vectors: useful genetic engineering tools for biocatalysis.

    Science.gov (United States)

    Xu, Youqiang; Tao, Fei; Ma, Cuiqing; Xu, Ping

    2013-04-01

    Constitutive vectors are useful tools for genetic engineering. Two constitutive vectors with high levels of expression and broad host ranges were developed and used in a range of Pseudomonas hosts. The vectors showed superior characteristics compared to the inducible vectors as well as the potential to be used as improved genetic tools for biocatalysis.

  15. Constitution Building : a Handbook and Resource Website | IDRC ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Constitutions set the rules of the relationship between the state and its citizens. But if constitutions are to ... Branch (CIC-NCB). The Canadian International Council (CIC) aims to provide Canadians with a nonpartisan, nationwide institution for the advancement of research and dialogue on international affairs, and to support.

  16. Dialectical tensions in the values of the 1996 Constitution ...

    African Journals Online (AJOL)

    In his paper The Dialectics in the Values of the 1996 Constitution Jan Swanepoel discusses various value statements in the 1996 Constitution of the Republic of South Africa and focuses the attention on indications of a lack of coherence as far as these value statements are concerned. He does this against the background ...

  17. the emerging international constitutional order: the implications of ...

    African Journals Online (AJOL)

    Dr Tanya du Plessis

    (Zurich); Professor of International Constitutional Law, Universiteit van Amsterdam, The. Netherlands; Extraordinary ... public power between different international legal subjects on the concept of a. 'total' constitutional order ..... normative supremacy of human rights obligations - also in relation to obligations flowing from the ...

  18. The emerging international constitutional order: the implications of ...

    African Journals Online (AJOL)

    This vision of an international constitutional model is inspired by the intensification in the shift of public decision-making away from the nation state towards international actors of a regional (for example EU) or functional (for example WTO, UN) nature, and its eroding impact on the notion of a “total” constitutional order, ...

  19. Living Democracy: How Constitution High School Molds Better Citizens

    Science.gov (United States)

    Brasof, Marc

    2009-01-01

    Philadelphia's Constitution High School (CHS) is committed both to the theory of education for democracy, and to its practice, as reflected by a school constitution, student elections, town hall meetings, and active student participation in school government. As its name indicates, CHS is a theme-based high school that focuses on history,…

  20. The U.S. Constitution and Its Development.

    Science.gov (United States)

    Yale Univ., New Haven, CT. Law School.

    The report presents a collection of articles on constitutional issues from a 1976 social studies conference. It is intended to be used by teachers in planning and implementing curriculum materials on development of the U.S. Constitution. The booklet is divided into eight articles. The first article discusses interpretive problems in the formation…

  1. Constitutionalism and Republicanism in the American Founding: 1776-1787.

    Science.gov (United States)

    Dry, Murray

    1986-01-01

    Illustrates the development of constitutionalism and republicanism from 1776 to 1787. Discusses the Declaration of Independence, arguments leading up to the Revolution, framing of the Constitution based on compromise, and opposing views of the ratification debate, all of which reveal disagreements over the precise meaning of republicanism. (TRS)

  2. The South African constitutional court's use of foreign precedent in ...

    African Journals Online (AJOL)

    ... Court or whether it is a characteristic of a court which is confident enough that its independence will remain intact in spite of its looking elsewhere for answers. KEYWORDS: transjudicialism; foreign precedent, comparative judicialism, stare decisis; foreign case law; comparative constitutionalism; Constitutional Court.

  3. Sub-National Constitutions in Ethiopia: Towards Entrenching ...

    African Journals Online (AJOL)

    4 Thus this paper offers an overview of state constitutions in Ethiopia with a view to highlighting their significance in the public life of Ethiopians. It also provides an analysis of how we can deepen and entrench constitutionalism in the states of ...

  4. Legal and Constitutional Evaluation of the Nigerian Sovereign ...

    African Journals Online (AJOL)

    The central aim of this paper is to examine the constitutionality of Nigeria's sovereign wealth fund (SWF) which was established in August 2012, pursuant to the Nigeria Sovereign Investment Authority (Establishment etc) Act 2011 (the NSIA Act). The paper reviews and discusses how questions on the constitutionality of a ...

  5. Contemporary Perspectives on the Constitution and Separation of Powers.

    Science.gov (United States)

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

    A collection of essays designed to provide educators and other interested individuals with contemporary perspectives on the U.S. Constitution and separation of powers is presented. Separation of powers refers to one of the enduring principles of the U.S. constitutional system of government, in which governmental powers are subject to a division of…

  6. 42 CFR 23.28 - What events constitute default?

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false What events constitute default? 23.28 Section 23.28 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES PERSONNEL NATIONAL HEALTH... default? The following events will constitute defaults of the loan agreement: (a) Failure to make full...

  7. Constitutionalism and conflict in Ternate, North Maluku, Indonesia

    NARCIS (Netherlands)

    Hermkens, A.K.

    2010-01-01

    Allegedly the oldest in Indonesia, and to some even beyond, the constitution treasured in the Kedaton (traditional palace) of the Sultan of Ternate (North Maluku, Indonesia) constitutes a dividing line between North and South Ternate in terms of government, ethnicity, and, spirituality. Moreover, it

  8. the meaning of the provision of the 1996 constitution | Venter ...

    African Journals Online (AJOL)

    the meaning of the provision of the 1996 constitution. ... The introduction of this notion in South African law and its meaning in general is described. ... The weaknesses of this theory are exposed and it is argued that the force external to the Constitution that guarantees its primacy, is its practical legitimacy, i.e. sufficient ...

  9. Constitutional Review and Referendums in Kenya | Kersting | Africa ...

    African Journals Online (AJOL)

    The Committee of Experts presented a harmonised draft which again was converted by government. It included US-style presidentialism with a number of checks and balances. The subsequent referendum in 2010 was successful. The Kenya constitutional process gives important insight for constitutional engineering as well ...

  10. The viability and constitutionality of the South African National ...

    African Journals Online (AJOL)

    The inclusion of the personal details of sex offenders in a register without their permission and sometimes without their knowledge amounts to a violation amongst other rights of the right to privacy stipulated in section 14 of the Constitution of the Republic of South Africa, 1996. In this article the constitutionality of the South ...

  11. Mootness and the approach to costs awards in constitutional litigation

    African Journals Online (AJOL)

    Heleba, Siyambonga

    with a costs order. Until such time as it is appealed against and overturned, as it stands this decision presents a grave concern to some constitutional law principles relating to mootness and the approach to costs in constitutional litigation between the State and private litigants. Particularly, the decision threatens the hitherto ...

  12. Constitutive Modeling of Geomaterials Advances and New Applications

    CERN Document Server

    Zhang, Jian-Min; Zheng, Hong; Yao, Yangping

    2013-01-01

    The Second International Symposium on Constitutive Modeling of Geomaterials: Advances and New Applications (IS-Model 2012), is to be held in Beijing, China, during October 15-16, 2012. The symposium is organized by Tsinghua University, the International Association for Computer Methods and Advances in Geomechanics (IACMAG), the Committee of Numerical and Physical Modeling of Rock Mass, Chinese Society for Rock Mechanics and Engineering, and the Committee of Constitutive Relations and Strength Theory, China Institution of Soil Mechanics and Geotechnical Engineering, China Civil Engineering Society. This Symposium follows the first successful International Workshop on Constitutive Modeling held in Hong Kong, which was organized by Prof. JH Yin in 2007.   Constitutive modeling of geomaterials has been an active research area for a long period of time. Different approaches have been used in the development of various constitutive models. A number of models have been implemented in the numerical analyses of geote...

  13. Traditional Land Rights before the Indonesian Constitutional Court - Comment

    Directory of Open Access Journals (Sweden)

    Simon Butt

    2014-06-01

    Full Text Available In early 2013, the Indonesian Constitutional Court handed down its decision in the Traditional Forest Community case. In what has been heralded as a landmark decision, the Court upheld, as constitutional rights, the traditional rights of indigenous communities over forest resources upon which they had long depended. After introducing the Court and discussing aspects of its decision-making in constitutional review cases, this article demonstrates that the Traditional Forest Community case is in fact only the latest in a line of cases in which the Court has upheld traditional rights in the face of legislation that purport to allow the state to override them. In these cases, Court has provided important constitutional recognition to these traditional rights. However, its decisions do not appear to have cleared significant administrative stumbling blocks that remain in the way of communities seeking to enjoy the traditional rights to which they are now constitutionally entitled.

  14. New Constitutionalism for Biosiversity vs. Neoconstitutionalism of Risk

    Directory of Open Access Journals (Sweden)

    Michele Carducci

    2016-08-01

    Full Text Available http://dx.doi.org/10.5007/2177-7055.2016v37n73p255 Based on an “eco-systemic” democracy that seeks to preserve biodiversity through the recognition of the co-evolutionary link between nature and culture, the Andean Constitutionalism emerges as the expression of a counter-hegemonic constitutionalism committed to the construction of a new institutional framework through the inclusion of new participatory and intercultural mechanisms. Departing from western constitutional paradigms, this groundbreaking constitutionalism revisits the “Gaia hypothesis” and legitimizes a real “social contract” among the people and nature, and instead of considering it as an “object” of ownership, exploitation, or conservation, it regards nature as a legal “subject” and primary source of society itself and the Constitution as its “legal grantor and protector”.

  15. Cicero and the Mixed Constitution (res publica mixta

    Directory of Open Access Journals (Sweden)

    Mitja Sadek

    2009-12-01

    Full Text Available The story of the mixed constitution is the story of the most stable and just constitution. In theory, this is a combination of at least two of the three elementary forms of government (monarchy, aristocracy and democracy, with some advantages that elementary forms may lack. It originated with the deliberation of Greek philosophers, who wanted to draw up a constitution safeguarding against the permanent variation of elementary constitutional forms and against coups d’état. For both Plato and Aristotle, the mixed constitution was, above all, the reflection of a search for balance between the two extreme forms of government, direct (Athenian democracy on the one hand and the exclusion of the people from governing on the other. The Greek theory was applied by the historian Polybius to the traditional tripartite constitution of the Roman republic. In his view, the consuls were monarchic elements, the senate an aristocratic element, and the comitia a democratic one. Cicero’s introduction of the idea of the mixed constitution in De re publica can only be understood in the light of the author’s personal situation and contemporary political circumstances. His political engagement at a time when the republic was gradually transforming into a monarchy aimed at restoring the important role of the nobility, represented by the senate. For Cicero, the mixed constitution was mainly an instrument for restoring the lost balance between the consuls, the senate, and the comitia, a last chance to save the decaying republic. The concluding part of the article addresses Alois Riklin’s recent discussion of the modern reception of the mixed constitution idea, which advances the controversial thesis that the paradigm of power division, the foundation of modern representative democracy, originates directly from the mixed constitution.

  16. The Constitutional Debate: A One Man Show? Václav Klaus and the Constitutional Discourse in the Czech Republic

    Czech Academy of Sciences Publication Activity Database

    Rakušanová, Petra

    2007-01-01

    Roč. 8, č. 8 (2007), s. 342-373 ISSN 1570-5854 Grant - others:VW Stiftung(DE) 218036 Institutional research plan: CEZ:AV0Z70280505 Keywords : European Constitutional Treaty * European constitutional ratification * Czech Republic Subject RIV: AO - Sociology, Demography

  17. The brazilian constitution as third generation product: convergence and differences between the latin american constitutionalism and legal garantism theory

    Directory of Open Access Journals (Sweden)

    Luiz Henrique Urquhart Cademartori

    2015-12-01

    Full Text Available This article addresses the phenomenon of the latinamerican constitutionalism, its characteristics, critical issues and its challenges facing the European constitutional models, such as the legal garantism and neoconstitutionalism. That being said, this work compares the recent theoretical proposals within the Latin American constitutional theory with the European tradition. In this way, we delimit the aspects of main Latin American constitutionalism theory and contrast European constitutional theories, such as Ferrajoli’s legal garantism and representatives of neoconstitutionalism such as Dworkin, Alexy, Müller and Haberle. In this work, we seek to understand and explain the so-called "third generation constitutions”, in order to think properly of the Brazilian constitutionalism and the influence of the new legal institutions and procedural safeguards contained in our Constitution which give means to make possible fundamental and social rights. After that, we examine the affinities that Latin American constitutionalism has found in the legal garantism theory, which enables fundamental and social rights, and which has been largely accepted in countries similar to Brazil despite of its European origins.

  18. Constitutionalism in Education for Democracy: The Continuing Relevance of Arguments on Constitutional Government of the American Founding Era.

    Science.gov (United States)

    Patrick, John J.

    This paper contends that the issues of constitutional government debated during the founding of the United States should be in the core curriculum of any school that seeks to educate students to become responsible citizens of a constitutional democracy. For purposes of teaching students, the issues debated by founding-era political thinkers can be…

  19. Body punk

    DEFF Research Database (Denmark)

    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....

  20. Prospects of the Constitutional State of Indonesia: Ideas and Reality

    Directory of Open Access Journals (Sweden)

    Hamdan Zoelva

    2015-08-01

    Full Text Available Indonesia since its inception has asserted itself as a constitutional state. It may be inferred through the clear regulation related to powers and functions of each state institution in the form of checks and balances system, the protection of human rights, the clarity of the principles of democratic mechanism, as well as the guarantee of an independent judiciary. Although the constitution has been set in such a way, efforts to achieve a constitutional state is not an easy road. Nowadays, it seems that the trip of the Indonesian as a constitutional state was still hobbled. A variety of legal issues that disturb the sense of justice continues to emerge one after another. The outcomes of the research indicate that over the last decade, Indonesia has made many changes to realize the ideal of a constitutional state. As it turns out in practice, however, legal development was still far short from the expectations. The success of building a constitutional state can not be measured by the ability to produce legislation and to create or revitalize legal institutions. Moreover, the success of a constitutional state must also be measured by the implementation and law enforcement which able to create justice for all people. Therefore, the main focus of various studies of law and legal policy, must be oriented in the judicial institutions and law enforcement.

  1. Possibilities for a constitutional embodiment of environment protection

    International Nuclear Information System (INIS)

    Hattenberger, D.

    1991-03-01

    The main topic is the question of adequacy and desirability of a constitutional rule for the protection of the environment with regard to the specific Austrian situation and the extensive discussion about this topic in German. As variants are discussed a human right of environment, objective categories of constitutional rules (constitutional aims of state's policy) and procedural or organisational rules. It begins with an explanation of the general responsibility of states in the field of environment protection and a determination of the term 'environment '. In respect of a human right first already guaranteed rights are examined for their relevance in the field of conservation with regard to the change in the understanding of human rights. Then arguments pro and against a specific right to environment are mentioned and appraised. With regard to the counter-arguments a subjective right should not be incorporated. A revision of the present concept of human rights would be necessary. Similar arguments are mentioned against the constitution of an objective norm in respect of some judicial decisions of the Austrian Constitutional Court. The problem of the protection of the environment will not be solved with a constitutional rule. It would raise new problems, which would damage the constitution as a fundamental order of human living together. (author)

  2. The balancing act between the constitutional right to strike and the constitutional right to education

    Directory of Open Access Journals (Sweden)

    H J (Jaco Deacon

    2014-06-01

    Full Text Available While the South African Constitution enshrines both children's right to a basic education and teachers' right to strike, conflict between these two often occurs when the way in which teachers' unions conduct strike actions detracts from learners' education. This article identifies the parties affected by industrial action in the school context, and then proceeds to examine educators' right to strike as defined by the provisions of the Labour Relations Act. The unique implications of picketing in the education environment are then discussed, covering relevant questions such as where pickets may be held, the issue of picketing rules as well as unprotected pickets. Even though we are faced with a qualified right to strike as opposed to an unqualified right to education, the South African reality seems to be that striking teachers are handled with kid gloves. It is therefore concluded that the vast range of existing laws regulating protest action should be applied more effectively. One of the most important aspects should be the picketing rules, which should clearly determine whether picketing in fact contributes to resolution of the dispute, and how learners' interests and rights may best be actualised.

  3. Physical and mental health conditions of young college students with different Traditional Chinese Medicine constitutions in Zhejiang Province of China.

    Science.gov (United States)

    Lv, Heli; Zhu, Li; Chen, Zhiqiang; Jin, Huijuan; Jin, Lei

    2015-12-01

    To investigate Traditional Chinese Medicine (TCM) constitutions of youths in colleges, and their physical and mental health conditions of different TCM constitutions, so as to provide a theoretical basis for the TCM way to improve young people's physical and mental health. The Standard TCM Constitutions' Classification and Determination Questionnaire was used to measure the body health condition, and the Symptom Checklist 90 Questionnaire and the Questionnaire of the National Student Physical Health Standards were used to determine mental and physical health conditions respectively in 1421 young participants validly answering the questionnaires in Zhejiang Province. The participants had a mean age of 19.96 years (SD = 0.95 years) with the majority of females (55.10%). One fourth of the 1421 participants were the Ping-he constitution and others were the tendency constitutions. Participants with Pinghe module (which has characteristics of moderate posture, rosy, energetic and is a healthy condition in TCM) were healthier than those with tendency constitutions in physical and mental health, with 65.81 ± 7.83 (men) and 77.99 ± 7.24 (women) scores in the physical test and around 1.25 scores in the mental health test. College students with combined biased constitutions were more likely suffer force, sensitive, depression and anxiety. Most of college students have a tendency or biased constitution which could be more likely to suffer suboptimal health status and diseases. Youths in college themselves and health providers should pay more attention to their potential health issues and make proper healthcare plan according to their own TCM constitution.

  4. Soft-cuticle biomechanics: a constitutive model of anisotropy for caterpillar integument.

    Science.gov (United States)

    Lin, Huai-Ti; Dorfmann, A Luis; Trimmer, Barry A

    2009-02-07

    The mechanical properties of soft tissues are important for the control of motion in many invertebrates. Pressurized cylindrical animals such as worms have circumferential reinforcement of the body wall; however, no experimental characterization of comparable anisotropy has been reported for climbing larvae such as caterpillars. Using uniaxial, real-time fluorescence extensometry on millimeter scale cuticle specimens we have quantified differences in the mechanical properties of cuticle to circumferentially and longitudinally applied forces. Based on these results and the composite matrix-fiber structure of cuticle, a pseudo-elastic transversely isotropic constitutive material model was constructed with circumferential reinforcement realized as a Horgan-Saccomandi strain energy function. This model was then used numerically to describe the anisotropic material properties of Manduca cuticle. The constitutive material model will be used in a detailed finite-element analysis to improve our understanding of the mechanics of caterpillar crawling.

  5. A Mathematical Approach to Establishing Constitutive Models for Geomaterials

    Directory of Open Access Journals (Sweden)

    Guang-hua Yang

    2013-01-01

    Full Text Available The mathematical foundation of the traditional elastoplastic constitutive theory for geomaterials is presented from the mathematical point of view, that is, the expression of stress-strain relationship in principal stress/strain space being transformed to the expression in six-dimensional space. A new framework is then established according to the mathematical theory of vectors and tensors, which is applicable to establishing elastoplastic models both in strain space and in stress space. Traditional constitutive theories can be considered as its special cases. The framework also enables modification of traditional constitutive models.

  6. Constitutional and non-specific immunity to infection.

    Science.gov (United States)

    Rumyantsev, S N

    1998-04-01

    Most immunologists focus on elaborate non-specific and antigen-specific factors of reactive immunity produced by the vertebrate lymphoid system. Modern principles of immunogenic prophylaxis and therapy are based solely on the use of these agents. There is, however, a more effective system of specific resistance which is shared by all forms of life: hereditary constitutional immunity to infection and invasion. An explosive growth in knowledge of the constitutional immunogenic system has occurred during the past two decades. The author illustrates the nature and importance of constitutional immunity, using examples from genetics and molecular biology. Special attention is given to testing for genetic susceptibility to infection and genetic engineering of resistance.

  7. Competition is constitutional: Four fallacies in the argument that transmission access constitutes a taking

    Energy Technology Data Exchange (ETDEWEB)

    Schotland, S.D. [Gottlieb, Steen & Hamilton, Washington, DC (United States)

    1996-11-01

    New transmission regulations may cause a change in property value or property access, however, this alone does not constitute a regulatory taking. In an industry with a long history of regulation and some degree of shared transmission access, the utilities are going to be hard pressed to show that recent open access mandates are in violation of the Takings Clause of the Fifth Amendment. In a recent article, John Rowe and Paige Graening of the NEES Companies argued that transmission access is the twentieth century equivalent of {open_quotes}piracy{close_quotes} - forcing utilities to provide transmission access to third parties violates the Taking Clause of the Fifth Amendment. The authors stated that transmission access represents a permanent physical invasion of property - which is unconstitutional without {open_quotes}just compensation.{close_quotes} The same arguments have been raised by Michigan utilities in a pending court challenge to the retail wheeling experiment ordered by the Michigan Public Service Commission. Rowe and Graening complain that {open_quotes}under the Jolly Roger of open competition{close_quotes} regulators will limit utilities to {open_quotes}mere embedded costs,{close_quotes} thereby committing an act of {open_quotes}piracy.{close_quotes} Contrary to Rowe and Graening`s claim, the flag of competition is better represented by the Stars and Stripes, since orders to provide transmission access at the cost of service do not result in a regulatory taking. Four fallacies led NEES down the gangplank: (1) The authors argued that reductions in the value of an investment are necessarily takings. Regulatory impairment of property value is a fact of life. (2) Contrary to NEES, transmission access does not effect a permanent physical invasion of property. (3) NEES claimed that transmission access defeats reasonable investment expectations. (4) NEES relied on case law that affords utilities the opportunity to realize a profit.

  8. Signifying Bodies

    DEFF Research Database (Denmark)

    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...

  9. Constitutional Law: Right of Privacy--Possession of Marijuana

    Science.gov (United States)

    Rohrer, David E.

    1976-01-01

    The Alaska Supreme Court in Ravin v. State accepted the defendant's contention that the prohibition of possession of marihuana infringed on his constitutional right to privacy. The significance of the case is discussed. (LBH)

  10. The Teddy Bear Clinic Constitutional Court case: Sexual conduct ...

    African Journals Online (AJOL)

    The Teddy Bear Clinic Constitutional Court case: Sexual conduct between adolescent consenting children aged under 16 years decriminalised and a moratorium on the reporting duties of doctors and others.

  11. DyNAvectors: dynamic constitutional vectors for adaptive DNA transfection.

    Science.gov (United States)

    Clima, Lilia; Peptanariu, Dragos; Pinteala, Mariana; Salic, Adrian; Barboiu, Mihail

    2015-12-25

    Dynamic constitutional frameworks, based on squalene, PEG and PEI components, reversibly connected to core centers, allow the efficient identification of adaptive vectors for good DNA transfection efficiency and are well tolerated by mammalian cells.

  12. The Politics-Administration Dichotomy: Toward a Constitutional Perspective.

    NARCIS (Netherlands)

    Overeem, P.

    2012-01-01

    The politics-administration dichotomy is much mentioned and often criticized in the Public Administration literature. The Politics-Administration Dichotomy: Toward a Constitutional Perspective, Second Edition offers a book-length treatment of this classical notion. While public administration

  13. AASERT: Constitutive and Failure Behavior of Granular Materials

    National Research Council Canada - National Science Library

    Zhou, Min

    2000-01-01

    .... The objective of this research is to obtain material response data and constitutive characterization for these materials at strain rates of up to 105 S-1, to analyze the evolution of load-carrying...

  14. Mathematical modeling and the two-phase constitutive equations

    International Nuclear Information System (INIS)

    Boure, J.A.

    1975-01-01

    The problems raised by the mathematical modeling of two-phase flows are summarized. The models include several kinds of equations, which cannot be discussed independently, such as the balance equations and the constitutive equations. A review of the various two-phase one-dimensional models proposed to date, and of the constitutive equations they imply, is made. These models are either mixture models or two-fluid models. Due to their potentialities, the two-fluid models are discussed in more detail. To avoid contradictions, the form of the constitutive equations involved in two-fluid models must be sufficiently general. A special form of the two-fluid models, which has particular advantages, is proposed. It involves three mixture balance equations, three balance equations for slip and thermal non-equilibriums, and the necessary constitutive equations [fr

  15. Study on the creep constitutive equation of Hastelloy X, (1)

    International Nuclear Information System (INIS)

    Hada, Kazuhiko; Mutoh, Yasushi

    1983-01-01

    A creep constitutive equation of Hastelloy X was obtained from available experimental data. A sensitivity analysis of this creep constitutive equation was carried out. As the result, the following were revealed: (i) Variations in creep behavior with creep constitutive equation are not small. (ii) In a simpler stress change pattern, variations in creep behavior are similar to those in the corresponding fundamental creep characteristics (creep strain curve, stress relaxation curve, etc.). (iii) Cumulative creep damage estimated in accordance with ASME Boiler and Pressure Vessel Code Case N-47 from a stress history predicted by ''the standard creep constitutive equation'' which predicts the average behavior of creep strain curve data is not thought to be on the safe side on account of uncertainties in creep damage caused by variations in creep strain curve. (author)

  16. Constitutional Model and Rationality in Judicial Decisions from Proportionality Technique

    OpenAIRE

    Feio, Thiago Alves

    2016-01-01

    In the current legal systems, the content of the Constitutions consists of values that serve to limit state action. The department in charge of the control of this system is, usually, the Judiciary. This choice leads to two major problems, the tension between democracy and constitutionalism and the subjectivity that control. One of the solutions to subjectivity is weighting of principles through the proportionality technique, which aims to give rational decisions. This technique doesn’t elimi...

  17. A simple hysteretic constitutive model for unsaturated flow

    OpenAIRE

    Soldi, Mariangeles; Guarracino, Luis; Jougnot, Damien

    2017-01-01

    In this paper we present a constitutive model to describe unsaturated flow that considers the hysteresis phenomena. This constitutive model provides simple mathematical expressions for both saturation and hydraulic conductivity curves, and a relationship between permeability and porosity. The model is based on the assumption that the porous media can be represented by a bundle of capillary tubes with throats or "ink-bottles" and a fractal pore size distribution. Under these hypotheses, hyster...

  18. Association and exclusion: the paradox of liberal constitutionalism

    OpenAIRE

    H.N. Hirsch

    2011-01-01

    This paper argues that a central paradox of liberal constitutionalism can be found by closely examining the freedom of association.  Freedom of association includes the right not to associate; thus a regime of individual rights facilitates the creation of marginalized individuals and groups.  These groups then seek social recognition, which liberal constitutionalism cannot easily grant, unless the state itself becomes complicit in discriminatory action.  The existence and protection ...

  19. LEGAL SYSTEM IN BRAZILIAN CONSTITUTIONALISM: PERPLEXITIES REFERRING TO CIVIL LAW

    OpenAIRE

    Iribure Júnior, Hamilton da Cunha; Guimarães, Henrique Cassalho

    2017-01-01

    The contemporaneous constitutionalism outlines a new manner to conceive and interpret the legal system, considering the alignment of law with society and society with law in order to emancipate the individual in the factual level. This results in the repercussion of humanization purpose in the Constitution of Federative Republic of Brazil of 1988 in civil law, to the extent of approaching it under a new perspective. However, such relationship involves several aspects which cannot be neglected...

  20. A selection of constitutional perspectives on human kidney sales

    OpenAIRE

    Venter, Bonnie

    2013-01-01

    There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The specific focus of this article is to determine whether the payment of kidney donors could be regarded as constitutionally acceptable or not. To establish the constitutional acceptability of the reimbursement of kidney donors the following rights are analysed: the righ...

  1. Human Rights in Armed Conflicts and Constitutional Law

    OpenAIRE

    Antonios Maniatis

    2017-01-01

    The main purpose of this paper is to determine the impact of both International Humanitarian Law and anti-piracy International Law on Constitutional Law. International Law is endowed with a rich set of norms on the protection of private individuals in armed conflicts and copes with the diachronic crime of maritime piracy, which may be considered as a private war in the high seas. Constitutional Law has been traditionally geared at two generations of fundamental rights. The paper will aim at a...

  2. The classic: The chemical constitution of respiration ferment.

    Science.gov (United States)

    Warburg, Otto Heinrich

    2010-11-01

    This Classic Article is a reprint of the original work by Otto Heinrich Warburg, The Chemical Constitution of Respiration Ferment. An accompanying biographical sketch of Otto Heinrich Warburg, PhD, MD, is available at DOI 10.1007/s11999-010-1533-z . The Classic Article is from Warburg O. The chemical constitution of respiration ferment. Science. 1928;68:437-443. Reprinted with permission from AAAS.

  3. The Classic: The Chemical Constitution of Respiration Ferment

    OpenAIRE

    Warburg, Otto Heinrich

    2010-01-01

    This Classic Article is a reprint of the original work by Otto Heinrich Warburg, The Chemical Constitution of Respiration Ferment. An accompanying biographical sketch of Otto Heinrich Warburg, PhD, MD, is available at DOI 10.1007/s11999-010-1533-z. The Classic Article is from Warburg O. The chemical constitution of respiration ferment. Science. 1928;68:437–443. Reprinted with permission from AAAS.

  4. Relationships among Constitution, Stress, and Discomfort in the First Trimester

    Directory of Open Access Journals (Sweden)

    Hsiao-Ling Wang

    2012-01-01

    trimester of pregnancy. We adopted a descriptive and correlational research design and collected data from 261 pregnant women during their first trimester in southern Taiwan using structured questionnaires. Results showed that (1 stress was significantly and positively correlated with Yang-Xu, Yin-Xu, and Tan-Shi-Yu-Zhi constitutions, respectively; (2 Yin-Xu and Tan-Shi-Yu-Zhi constitutions had significant correlations with all symptoms of discomfort, while Yang-Xu had significant correlations with all symptoms of discomfort except for “running nose”; (3 Tan-Shi-Yu-Zhi constitution and stress were two indicators for “fatigue”; Tan-Shi-Yu-Zhi was the indicator for “nausea”; Yang-Xu and Yin-Xu were indicators for “frequent urination.” Our findings also indicate that stress level affects constitutional changes and that stress and constitutional change affect the incidence of discomfort. This research can help healthcare professionals observe these discomforts and provide individualized care for pregnant women, to nurture pregnant women into neutral-type constitution, minimize their levels of discomfort, and promote the health of the fetus and the mother.

  5. A continuum mechanics constitutive framework for transverse isotropic soft tissues

    Science.gov (United States)

    Garcia-Gonzalez, D.; Jérusalem, A.; Garzon-Hernandez, S.; Zaera, R.; Arias, A.

    2018-03-01

    In this work, a continuum constitutive framework for the mechanical modelling of soft tissues that incorporates strain rate and temperature dependencies as well as the transverse isotropy arising from fibres embedded into a soft matrix is developed. The constitutive formulation is based on a Helmholtz free energy function decoupled into the contribution of a viscous-hyperelastic matrix and the contribution of fibres introducing dispersion dependent transverse isotropy. The proposed framework considers finite deformation kinematics, is thermodynamically consistent and allows for the particularisation of the energy potentials and flow equations of each constitutive branch. In this regard, the approach developed herein provides the basis on which specific constitutive models can be potentially formulated for a wide variety of soft tissues. To illustrate this versatility, the constitutive framework is particularised here for animal and human white matter and skin, for which constitutive models are provided. In both cases, different energy functions are considered: Neo-Hookean, Gent and Ogden. Finally, the ability of the approach at capturing the experimental behaviour of the two soft tissues is confirmed.

  6. Dynamic compressive constitutive relation and shearing instability of metallic neodymium

    International Nuclear Information System (INIS)

    Wang Huanran; Cai Canyuan; Chen Danian; Ma Dongfang; Hou Yanjun; Wu Shanxing

    2011-01-01

    Highlights: → Dynamic constitutive relation of Nd was determined in first compression of SHPB. → Deformation of Nd in multi-compression of SHPB were recorded by high-speed camera. → Constitutive relation of Nd was adjusted in modeling large deformation of Nd. → Results of SDDM investigation of recovered Nd specimens showed shearing fracture. → Shearing instability of Nd was estimated with constitutive relation. - Abstract: Based on static tests on MTS and dynamic tests on split Hopkinson pressure bar (SHPB) during the first loading, this study determined the dynamic compressive constitutive relation of metallic Nd. Based on large deformations of metallic Nd specimens generated by the multi-compressive loadings during SHPB tests, and recorded by a high-speed camera, the results of numerical simulations for SHPB test processes were used to extend the determined constitutive relation from small strain to large strain. The shearing instability strain in dynamic compressive deformations of metallic Nd was estimated with the extended constitutive relation according to the criterion given by Batra and Wei, and was compared with the average strain of recovered specimens.

  7. An anisotropic tertiary creep damage constitutive model for anisotropic materials

    International Nuclear Information System (INIS)

    Stewart, Calvin M.; Gordon, Ali P.; Ma, Young Wha; Neu, Richard W.

    2011-01-01

    When an anisotropic material is subject to creep conditions and a complex state of stress, an anisotropic creep damage behavior is observed. Previous research has focused on the anisotropic creep damage behavior of isotropic materials but few constitutive models have been developed for anisotropic creeping solids. This paper describes the development of a new anisotropic tertiary creep damage constitutive model for anisotropic materials. An advanced tensorial damage formulation is implemented which includes both material orientation relative to loading and the degree of creep damage anisotropy in the model. A variation of the Norton-power law for secondary creep is implemented which includes the Hill's anisotropic analogy. Experiments are conducted on the directionally-solidified bucket material DS GTD-111. The constitutive model is implemented in a user programmable feature (UPF) in ANSYS FEA software. The ability of the constitutive model to regress to the Kachanov-Rabotnov isotropic tertiary creep damage model is demonstrated through comparison with uniaxial experiments. A parametric study of both material orientation and stress rotation are conducted. Results indicate that creep deformation is modeled accurately; however an improved damage evolution law may be necessary. - Highlights: → The deformation of anisotropic creeping solid is directionally dependent. → Few constitutive models have been developed to deal with anisotropic behavior. → A transversely-isotropic nickel base superalloy, DS GTD-111, is studied. → A vector constitutive model based on the Kachanov-Rabotnov formulation is developed. → The new model accurately models deformation at various orientations.

  8. Body Piercing

    Science.gov (United States)

    ... Health Medical Conditions Nutrition & Fitness Emotional Health Body Piercing Posted under Health Guides . Updated 1 August 2017. + ... medical reasons why I should not get a piercing? Yes. There are medical conditions (see the list ...

  9. Nuclear phase-out a part of the German Constitution? On the political grammar of constitutional changes

    International Nuclear Information System (INIS)

    Gaerditz, Klaus Ferdinand

    2016-01-01

    The study examines whether and to what extent the simple legal effected nuclear phase-out could be safeguarded in the Basic Law, which regulatory methods would be available, the advantages and disadvantages of these and how their effects would be assessed. In addition to political and practical consequences, this also includes considerations of democracy and constitutional theory in an overall consideration, which ultimately touches the question of the regulatory function of constitutional changes. [de

  10. Rate constitutive theories for ordered thermoviscoelastic fluids: polymers

    Science.gov (United States)

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

    2014-03-01

    This paper presents development of rate constitutive theories for compressible as well as in incompressible ordered thermoviscoelastic fluids, i.e., polymeric fluids in Eulerian description. The polymeric fluids in this paper are considered as ordered thermoviscoelastic fluids in which the stress rate of a desired order, i.e., the convected time derivative of a desired order ` m' of the chosen deviatoric Cauchy stress tensor, and the heat vector are functions of density, temperature, temperature gradient, convected time derivatives of the chosen strain tensor up to any desired order ` n' and the convected time derivative of up to orders ` m-1' of the chosen deviatoric Cauchy stress tensor. The development of the constitutive theories is presented in contravariant and covariant bases, as well as using Jaumann rates. The polymeric fluids described by these constitutive theories will be referred to as ordered thermoviscoelastic fluids due to the fact that the constitutive theories are dependent on the orders ` m' and ` n' of the convected time derivatives of the deviatoric Cauchy stress and conjugate strain tensors. The highest orders of the convected time derivative of the deviatoric Cauchy stress and strain tensors define the orders of the polymeric 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, i.e., 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

  11. Evaluation of potential crushed-salt constitutive models

    Energy Technology Data Exchange (ETDEWEB)

    Callahan, G.D.; Loken, M.C.; Sambeek, L.L. Van; Chen, R.; Pfeifle, T.W.; Nieland, J.D. [RE/SPEC Inc., Rapid City, SD (United States); Hansen, F.D. [Sandia National Labs., Albuquerque, NM (United States). Repository Isolation Systems Dept.

    1995-12-01

    Constitutive models describing the deformation of crushed salt are presented in this report. Ten constitutive models with potential to describe the phenomenological and micromechanical processes for crushed salt were selected from a literature search. Three of these ten constitutive models, termed Sjaardema-Krieg, Zeuch, and Spiers models, were adopted as candidate constitutive models. The candidate constitutive models were generalized in a consistent manner to three-dimensional states of stress and modified to include the effects of temperature, grain size, and moisture content. A database including hydrostatic consolidation and shear consolidation tests conducted on Waste Isolation Pilot Plant and southeastern New Mexico salt was used to determine material parameters for the candidate constitutive models. Nonlinear least-squares model fitting to data from the hydrostatic consolidation tests, the shear consolidation tests, and a combination of the shear and hydrostatic tests produces three sets of material parameter values for the candidate models. The change in material parameter values from test group to test group indicates the empirical nature of the models. To evaluate the predictive capability of the candidate models, 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 models to predict the test data, the Spiers model appeared to perform slightly better than the other two candidate models. The work reported here is a first-of-its kind evaluation of constitutive models for reconsolidation of crushed salt. Questions remain to be answered. Deficiencies in models and databases are identified and recommendations for future work are made. 85 refs.

  12. The Constitutionality of a Biological Father's Recognition as a Parent

    Directory of Open Access Journals (Sweden)

    A Louw

    2010-12-01

    Full Text Available Despite the increased recognition afforded to biological fathers as legal parents, the Children's Act 38 of 2005 still does not treat fathers on the same basis as mothers as far as the automatic allocation of parental responsibilities and rights is concerned. This article investigates the constitutionality of the differential treatment of fathers in this respect, given South Africa's international obligations, especially in terms of the United Nations Convention on the Rights of the Child, to ensure that both parents have common responsibilities for the upbringing of their child. After a brief consideration of the constitutionality of the mother's position as parent, the constitutionality of the father's position is investigated, firstly, with reference to Section 9 of the Constitution and the question of whether the differentiation between mothers and fathers as far as the allocation of parental responsibilities and rights is concerned, amounts to unfair discrimination. The inquiry also considers whether the differentiation between committed fathers (that is, those who have shown the necessary commitment in terms of Sections 20 and 21 of the Children's Act to acquire parental responsibilities and rights and uncommitted fathers may amount to discrimination on an unspecified ground. Since the limitation of the father's rights to equality may be justifiable, the outcomes of both inquiries are shown to be inconclusive. Finally, the legal position of the father is considered in relation to the child's constitutional rights – the rights to parental care and the right of the child to the paramountcy of its interests embodied in Section 28 of the Constitution. While there appears to be some justification for the limitation of the child's right to committed paternal care, it is submitted that an equalisation of the legal position of mothers and fathers as far as the automatic acquisition of parental responsibilities and rights is concerned, is not

  13. Evaluation for rheological constitutive relations, using the indentation technique

    Science.gov (United States)

    Fang, Lei

    1992-01-01

    A simple experimental method of determining the rheological constitutive relations is proposed. The method relies upon an analysis of the frictionless contact of a rigid spherical indenter and the rheological materials. The proposal addresses problems in two fields: rheological constitutive models and contact mechanics. It attempts to evaluate the rheological constitutive relations using an indentation technique. A systematic, optimization-based material parameter/function indentation model is proposed. The identification algorithm is based on a modified Marquardt-Levenberg method. A new integral constitutive equation for viscoelastic materials is derived. The derivation is carried out so that a damage function is included in the model in a relatively convenient form. Inclusion of damage effects makes this constitutive equation considerably more general than the widely accepted K-BKZ integral model. The single-step and double-step stress relaxation indentation experiments on asphalt materials were performed. The K-BKZ, Wagner, and nonlinear Volterra models were evaluated. It is demonstrated that the new integral constitutive model shows a very good agreement with the experimental data. The idea of damage function is introduced not only to have a better fit of data, but the damage (or irreversibility) is observed experimentally. Also, the creep indentation tests on composites were presented. A multiaxial theory of creep deformation for particle-strengthened metal matrix composites (Zhu-Weng Theory) was evaluated. The goal of the proposed research is to develop the indentation technique for use in basic mechanical studies. From the indentation test, material response is measured. The data are used in conjunction with the material parameter identification model to optimally back calculate the constitutive relations.

  14. [Study on the Distribution of Constitutions of Chinese Medicine in Patients with Osteonecrosis of Femoral Head].

    Science.gov (United States)

    Yu, Tong; Xie, Li-min; Zhang, Zhen-nan; Ke, Xun; Liu, Yang

    2016-06-01

    To observe the distribution of constitution types of Chinese medicine (CM) in patients with osteonecrosis of femoral head (ONFH). Totally 130 ONFH patients were recruited. Constitution types of CM were identified in all patients. Distribution features of constitution types of CM in ONFH patients were observed. The differences of distribution in gender, age, single or bilateral hips, course of disease, staging, cause, and region were also analyzed. Seventy patients were of complicated constitutions, while 60 patients were of single constitution. Among the 60 single constitution cases, yang-deficiency constitution [18 (13.9%)], damp-heat constitution [10 (7.7%)], blood-stasis constitution [7 (5.4%)], and qi-deficiency constitution [7 (5.4%)] were mainly distributed. Of the complicated constitutions, yang-deficiency dominated constitution occupied the top ratio [30 (23.1%)], followed by blood-stasis dominated constitution [15 (11.5%)], damp-heat dominated constitution [9 (6.9%)]. By putting them together, yang-deficiency constitution occupied the top constitution of CM [48 (36.9%)], followed by blood-stasis constitution [ 22 (16.9%)] and damp-heat constitution [19 (14.6%)]. The aforesaid three constitutions accounted for 68.5% of the total. There were no statistical distribution differences in gender, age, single or bilateral hips, course of disease, staging, or cause. Yang-deficiency constitution, damp-heat constitution, and blood-stasis constitution were liable constitutions of CM in ONFH patients.

  15. Body Disposal.

    Science.gov (United States)

    Sea, Jonghan; Beauregard, Eric

    2017-02-01

    This study explores the body disposal patterns in a sample of 54 Korean homicides that occurred between 2006 and 2012. Based on information collected by the police during their investigation, factors that could influence body disposal patterns were examined, such as homicide classification, intention, whether an accomplice was present, and offender mental disorder. Bivariate analyses showed that the majority of the victims who were disposed of were acquaintances of the offenders. Moreover, several offenders were more likely to dispose of the dead body "within hours" of killing the victim. Dead bodies were usually recovered in agricultural areas, forest/wooded areas, as well as residential areas. It was also noteworthy that, in 47 cases, the offender had knowledge of the geographic area where the body was dumped. In cases of "expressive" homicide, victims were more likely to be disposed of somewhere far away (e.g., over 40 km) from the crime scene, whereas "instrumental" homicide victims appeared to be disposed of somewhere closer (e.g., within 30 km) to the crime scene. Results are discussed in light of their practical implications for homicide investigations.

  16. Body Imaging

    Science.gov (United States)

    2001-01-01

    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.

  17. The "alternative" choice of constitutive exons throughout evolution.

    Directory of Open Access Journals (Sweden)

    Galit Lev-Maor

    2007-11-01

    Full Text Available Alternative cassette exons are known to originate from two processes-exonization of intronic sequences and exon shuffling. Herein, we suggest an additional mechanism by which constitutively spliced exons become alternative cassette exons during evolution. We compiled a dataset of orthologous exons from human and mouse that are constitutively spliced in one species but alternatively spliced in the other. Examination of these exons suggests that the common ancestors were constitutively spliced. We show that relaxation of the 5' splice site during evolution is one of the molecular mechanisms by which exons shift from constitutive to alternative splicing. This shift is associated with the fixation of exonic splicing regulatory sequences (ESRs that are essential for exon definition and control the inclusion level only after the transition to alternative splicing. The effect of each ESR on splicing and the combinatorial effects between two ESRs are conserved from fish to human. Our results uncover an evolutionary pathway that increases transcriptome diversity by shifting exons from constitutive to alternative splicing.

  18. CONSTITUTIONAL ORDER, NATIONAL DEFENSE AND CI IL MILITARY RELATIONS

    Directory of Open Access Journals (Sweden)

    Miguel Navarro Meza

    2017-12-01

    Full Text Available Since the beginning of its independent life, the several constitutions of Chile have included concepts related ith defence, sovereignty and national security. At the same time, those constitutional texts have recognized the existence of the armed organizations of the State, under the generic name of Public Force and have addressed their relation ith the political authorities, both ith the Executive and Congress. his has not been a permanent process. n the contrary, it has suffered upheavals and bac steps, but the general path has been clear and progressive. For one thing, the norms related to the armed forces have been, in comparative terms, more thoroughly developed than those referring to defence, sovereignty and national security. hen, from the 1833 Constitution, the basic elements of the relations bet een the political authorities and the military have evolved so as to ensure a genuine civilian control over the military, in line ith contemporary theories of civilDmilitary relations. he ay in hich the 1980 Constitution addresses national security and defence and its provisions that recognize the existence of the armed forces, their missions and roles and that regulate the ay in hich they relate to the political authorities, are the result of a progressive development starting ith the Provisional Constitution of 1811 up to present times, and they are completely in line ith current theories about civilDmilitary relations in democracy.

  19. Bee Venom Pharmacopuncture Responses According to Sasang Constitution and Gender

    Directory of Open Access Journals (Sweden)

    Kim Chaeweon

    2013-12-01

    Full Text Available Objectives: The current study was performed to compare the bee venom pharmacopuncture skin test reactions among groups with different sexes and Sasang constitutions. Methods: Between July 2012 and June 2013, all 76 patients who underwent bee venom pharmacopuncture skin tests and Sasang constitution diagnoses at Oriental Medicine Hospital of Sangji University were included in this study. The skin test was performed on the patient’s forearm intracutaneously with 0.05 ml of sweet bee venom (SBV on their first visit. If the patients showed a positive response, the test was discontinued. On the other hand, if the patient showed a negative response, the test was performed on the opposite forearm intracutaneously with 0.05 ml of bee venom pharmacopuncture 25% on the next day or the next visit. Three groups were made to compare the differences in the bee venom pharmacopuncture skin tests according to sexual difference and Sasang constitution: group A showed a positive response to SBV, group B showed a positive response to bee venom pharmacopuncture 25%, and group C showed a negative response on all bee venom pharmacopuncture skin tests. Fisher’s exact test was performed to evaluate the differences statistically. Results: The results of the bee venom pharmacopuncture skin tests showed no significant differences according to Sasang constitution (P = 0.300 or sexual difference (P = 0.163. Conclusion: No significant differences on the results of bee venom pharmacopuncture skin tests were observed according to two factors, Sasang constitution and the sexual difference.

  20. Gospel and constitutional imperatives: the right to life

    Directory of Open Access Journals (Sweden)

    S.P. Giles

    2011-06-01

    Full Text Available Gospel and constitutional imperatives: the right to life In the Republic of South Africa, Christians are called to live out gospel imperatives within the legal framework of the Constitution. Ethical issues about the right to life are considered from the perspectives of selected gospel and constitutional imperatives. Gospel imperatives impose themselves as a consequence of Christian discipleship. These are many and diverse, both explicit and implicit. Christian vocation, discipleship, witness and perseverance, are foundational and integral to the praxis of Christian daily living. These facets of Christian life are illustrated by the selected gospel imperatives, “Follow me” (Matt. 4:19 and synoptic parallels, “Love God, and your neighbour as yourself” (Matt. 22:34-40 and synoptic parallels, and “Take up your cross” (Matt. 10:38 and synoptic parallels. The central theoretical argument of this article is driven from a reformed ethical perspective. Gospel imperatives have priority over constitutional imperatives since gospel imperatives are of divine origin and constitutional imperatives of human origin. Acknowledgement of these priorities informs the Christian ethical perspective on the right to life and on abortion.

  1. Body parts

    Science.gov (United States)

    Ayiter, Elif

    2010-01-01

    In this project, the artist wishes to examine corporeality in the virtual realm, through the usage of the (non)-physical body of the avatar. An art installation created in the virtual world of Second Life, which is meant to be accessed with site specific avatars, will provide the creative platform whereby this investigation is undertaken. Thus, "body parts" seeks to challenge the residents of virtual environments into connecting with the virtual manifestations, i.e., avatars of others in an emotionally expressive/intimate manner.

  2. Probabilistic estimation of the constitutive parameters of polymers

    Directory of Open Access Journals (Sweden)

    Siviour C.R.

    2012-08-01

    Full Text Available The Mulliken-Boyce constitutive model predicts the dynamic response of crystalline polymers as a function of strain rate and temperature. This paper describes the Mulliken-Boyce model-based estimation of the constitutive parameters in a Bayesian probabilistic framework. Experimental data from dynamic mechanical analysis and dynamic compression of PVC samples over a wide range of strain rates are analyzed. Both experimental uncertainty and natural variations in the material properties are simultaneously considered as independent and joint distributions; the posterior probability distributions are shown and compared with prior estimates of the material constitutive parameters. Additionally, particular statistical distributions are shown to be effective at capturing the rate and temperature dependence of internal phase transitions in DMA data.

  3. Lodging of a constitutional complaint. Reason: 'Permitted risk philosophy'

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

    The complainants lodged a constitutional complaint 'against the Federal German Bundestag, for remaining inactive in matters of the licensing and operation of nuclear installations', and filed a petition for a temporary order. The Federal Constitutional Court dismissed the petition and inflicted a fee of 500 DM to be paid by each complainant. From the headnotes: The petition is inadmissible. It is left open whether the underlying constitutional complaint is inadmissible, or unjustified. The petition is dismissed because the complainants can seek relief by resorting to the general courts of law. They can appeal to the administrative courts in matters covered by section 7 Atomic Energy Act, and may there state their opposition against the 'permissible risk philosophy'. (orig./HSCH) [de

  4. Globalisation of the National Judiciary and the Dutch Constitution

    Directory of Open Access Journals (Sweden)

    Elaine Mak

    2013-03-01

    Full Text Available This article examines the changing practices of the Dutch highest courts, the Hoge Raad and the Afdeling bestuursrechtspraak van de Raad van State, under the influence of globalisation, and the constitutional implications of this development. The increasing intertwinement of legal systems and the increasing possibilities for judges to interact with courts in foreign jurisdictions have stimulated the consideration of foreign legislation and case law in judicial decision-making in individual cases. An empirical study clarifies how the Dutch judges perceive the usefulness of legal comparisons in this context and how foreign law is used in deliberations and judgments. The constitutional implications of the changing practices of the courts are analysed in light of three aspects of the constitutional normative framework for judicial decision-making: the democratic justification of judicial decisions; legal tradition and the nature of cases; and the effectiveness and efficiency of judicial decision-making.

  5. Constitutive representation of damage development and healing in WIPP salt

    International Nuclear Information System (INIS)

    Chan, K.S.; Bodner, S.R.; Fossum, A.F.; Munson, D.E.

    1994-01-01

    There has been considerable interest in characterizing and modeling the constitutive behavior of rock salt with particular reference to long-term creep and creep failure. The interest is motivated by the projected use of excavated rooms in salt rock formations as repositories for nuclear waste. It is presumed that closure of those rooms by creep ultimately would encapsulate the waste material, resulting in its effective isolation. A continuum mechanics approach for treating damage healing is formulated as part of a constitutive model for describing coupled creep, fracture, and healing in rock salt. Formulation of the healing term is, described and the constitutive model is evaluated against experimental data of rock salt from the Waste Isolation Pilot Plant (WIPP) site. The results indicate that healing anistropy in WIPP salt can be modeled with an appropriate power-conjugate equivalent stress, kinetic equation, and evolution equation for damage healing

  6. New constitutionalism and the social reproduction of caring institutions.

    Science.gov (United States)

    Gill, Stephen; Bakker, Isabella

    2006-01-01

    This essay analyzes neo-liberal economic agreements and legal and political frameworks or what has been called the "new constitutionalism," a governance framework that empowers market forces to reshape economic and social development worldwide. The article highlights some consequences of new constitutionalism for caring institutions specifically, and for what feminists call social reproduction more generally: the biological reproduction of the species; the reproduction of labor power; and the reproduction of social institutions and processes associated with the creation and maintenance of communities. New constitutional governance frameworks fundamentally reshape conditions under which the care of human beings takes place. Caring institutions once governed by enabling professions geared to universal care are now determined increasingly by market values and private forces, and driven directly by the profit motive. This is one of the reasons why neo-liberalism is increasingly contested in both the North and the global South.

  7. Constitutive mixed mode model for cracks in concrete

    DEFF Research Database (Denmark)

    Jacobsen, J.S.; Poulsen, P.N.; Olesen, J.F.

    2013-01-01

    The scope of the paper is to set up a constitutive mixed mode model for cracks in concrete. The model is formulated at macro level and includes the most important micro scale effects. An associated plasticity model inspired by the modified Cam clay model is established. The hardening parameters...... are based on the standard Mode I tensile softening response and the response for Mode I crushing. The roughness of the crack is included through a topographic description of the crack surface. The constitutive behavior is based on the integration of local contributions. The local mixed mode ratio...... is determined from the topographic information and the constitutive model is thereby purely mechanically based. Using the actual topographic description the model is validated against experimental results for mixed mode crack openings....

  8. Exploring patients' rights: what does the NHS Constitution tell us?

    Science.gov (United States)

    McHale, Jean V

    On 8 March 2012, the NHS published the latest version of its Constitution. In this article, the author explores the background of the debate regarding patients' rights and entitlements in the NHS. The author also discusses the provisions of the NHS Constitution, noting that it is largely a statement of existing principles, rather than a bold statement of rights. The paper suggests that, in some instances, its discussion of rights may suggest that patients have broader rights than may in fact be the case. The Constitution is currently under review, and the author recommends that the way forward for a society where the provision of care is likely to be more complex would be the introduction of a Patients' Rights Act.

  9. The cooperative identity in the cuban constitution. Currents challenges

    Directory of Open Access Journals (Sweden)

    Orestes Rodríguez Musa

    2013-12-01

    Full Text Available The work contribute with some valuations about the conception of the cooperative in the Cuban constitutionalism, with the purpose that the constitution can guide -like it corresponds- the legal implementation of the figure toward an integral perspective. To accomplish this goal, this article offers a characterization of the institution that illustrates about its identity. Then it analyzed the juridical dimension of the cooperative, pondering the different doctrinal postures that have tried to define its nature. Lastly, it argue that the current laws of the Cuban Constitution, influenced by a reduced conception of the institution, suffers some limitations that block the good use of the figure in a socioeconomic context in which it is called to transcend.

  10. Study on the creep constitutive equation of Hastelloy X, (1)

    International Nuclear Information System (INIS)

    Suzuki, Kazuhiko; Mutoh, Yasushi

    1983-01-01

    In order to carry out the structural design of high temperature pipings, intermediate heat exchangers and isolating valves for a multipurpose high temperature gas-cooled reactor, in which coolant temperature reaches 1000 deg C, the creep characteristics of Hastelloy X used as the heat resistant material must be clarified. In addition to usual creep rupture life and the time to reach a specified creep strain, the dependence of creep strain curves on time, temperature and stress must be determined and expressed with equations. Therefore, using the creep data of Hastelloy X given in the literatures, the creep constitutive equation was made. Since the creep strain curves under the same test condition were different according to heats, the sensitivity analysis of the creep constitutive equation was performed. The form of the creep constitutive equation was determined to be Garofalo type. The result of the sensitivity analysis is reported. (Kako, I.)

  11. Development of Creep Constitutive Equation for Low-Alloy Steel

    International Nuclear Information System (INIS)

    Jeong, Kwang J.; Lim, Joon; Hwang, Il S.; Kim, Hee D.; Pilch, Martin M.; Chu, Tze Y.

    2003-01-01

    High-temperature creep tests were performed with an SA533B1 low-alloy steel under both constant load and constant stress conditions. Using the measured minimum creep strain rates as a function of stress and temperature, least-square fittings were made into a Bailey-Norton-type power law equation. Based on the constant stress test results, a constitutive equation was developed for steady-state creep. The constitutive equation was then implemented in elastic-viscoplastic analysis of the lower head of a pressurized water reactor's reactor pressure vessel using a commercial FEM code named ABAQUS 5.8. The FEM model was validated using measured data from the lower head failure experiment conducted at the Sandia National Laboratories. The FEM model using the creep constitutive equation was shown to be capable of accurately predicting the lower head deformation behavior. Additional work, however, is needed to rationalize apparent inconsistency between the constant load data and constant stress data

  12. The review of constitutional norms concerning local public administration in the view of the European Commission for Democracy through Law (Venice Commission)

    OpenAIRE

    Apostolache, Mihai

    2015-01-01

    The proposals of the Commission to review the Constitution of Romania were subject to the analysis of experts from the European Commission for Democracy through Law (the Venice Commission), who expressed their opinion in a report adopted at the 98th plenary session of the European body. The article analyzes the recommendations of the Venice Commission regarding the proposed changes to the constitutional norms governing local public administration, comprising some general aspects concern...

  13. Bog bodies

    DEFF Research Database (Denmark)

    Lynnerup, Niels

    2015-01-01

    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 th...

  14. BODY CONDITION

    African Journals Online (AJOL)

    Andrew Taylor

    Table 1 Seasonal variation in body and kidney weight of adult mountain reedbuck culled at Sterkfontein. Values are ..... This leads to a decrease in nutritional quality of grazing for mountain reedbuck and a loss of condition. .... This would decrease the chances of starvation of those animals left, and allow them to build up ...

  15. Sacralising Bodies

    DEFF Research Database (Denmark)

    Kaur, Ravinder

    2010-01-01

    -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...

  16. Are there reliable constitutive laws for dynamic friction?

    Science.gov (United States)

    Woodhouse, Jim; Putelat, Thibaut; McKay, Andrew

    2015-09-28

    Structural vibration controlled by interfacial friction is widespread, ranging from friction dampers in gas turbines to the motion of violin strings. To predict, control or prevent such vibration, a constitutive description of frictional interactions is inevitably required. A variety of friction models are discussed to assess their scope and validity, in the light of constraints provided by different experimental observations. Three contrasting case studies are used to illustrate how predicted behaviour can be extremely sensitive to the choice of frictional constitutive model, and to explore possible experimental paths to discriminate between and calibrate dynamic friction models over the full parameter range needed for real applications. © 2015 The Author(s).

  17. Constitutive behaviour of mixed mode loaded adhesive layer

    DEFF Research Database (Denmark)

    Högberg, J.L.; Sørensen, Bent F.; Stigh, U.

    2007-01-01

    Mixed mode testing of adhesive layer is performed with the Mixed mode double Cantilever Bean? specimen. During the experiments, the specimens are loaded by transversal and/or shear forces; seven different mode mixities are tested. The J-integral is used to evaluate the energy dissipation...... in the failure process zone. The constitutive behaviour of the adhesive layer is obtained by a so called inverse method and fitting an existing mixed mode cohesive model, which uses a coupled formulation to describe a mode dependent constitutive behaviour. The cohesive parameters are determined by optimizing...

  18. Urban and Domestic Workers: The Federal Constitution and its Asymmetry

    Directory of Open Access Journals (Sweden)

    Miguel Ragone de Mattos

    2009-09-01

    Full Text Available The Brazilian Constitution established a lower level of protection rights to domestic servants, if compared with the rights given to regular workers. This asymmetry can be explained by particularities of this kind of job and the need to keep costs down, specially considering that domestic servants are not part of a capitalistic enterprise. However there are a series of nonrecognized rights to the domestic servants that can not be explained by its incompatibility or cost. Perhaps this group is the focus of the next step of constitutional change, reducing the asymmetry between the rights of the domestic workers and the regular ones.

  19. Concrete creep at transient temperature: constitutive law and mechanism

    International Nuclear Information System (INIS)

    Chern, J.C.; Bazant, Z.P.; Marchertas, A.H.

    1985-01-01

    A constitutive law which describes the transient thermal creep of concrete is presented. Moisture and temperature are two major parameters in this constitutive law. Aside from load, creep, cracking, and thermal (shrinkage) strains, stress-induced hygrothermal strains are also included in the analysis. The theory agrees with most types of test data which include basic creep, thermal expansion, shrinkage, swelling, creep at cyclic heating or drying, and creep at heating under compression or bending. Examples are given to demonstrate agreement between the theory and the experimental data. 15 refs., 6 figs

  20. [Study on the flavanone constitutes of Buddleja davidii].

    Science.gov (United States)

    Peng, Xue-Jing; Li, Chong

    2011-10-01

    To study the chemical constitutes of Buddleja davidii. The constitutes were isolated and purified by silica gel column chromatography, polyamide column chromatography and macroporous absorption resin and their structures were elucidated by spectroscopic analysis. Seven compounds including Apigenin (1), Apigenin-7-O-beta-D-glucoside (2), Acacetin (3), Acacetin-7-O-beta-D-glucoside(4), Acacetin-7-O-alpha-L-rhamnopyranosyl-(1-6)-beta-D-glucopyranoside (5), Luteolin (6), Luteolin-7-O-beta-D-glueoside (7). All these compounds are obtained from this plant for the first time.

  1. The constitutive representation of high-temperature creep damage

    Science.gov (United States)

    Chan, K. S.

    1988-01-01

    The elastic-viscoplastic constitutive equations of Bodner-Partom were applied to modeling creep damage in a high temperature Ni-alloy, B1900 + Hf. Both tertiary creep in bulk materials and creep crack growth in flawed materials were considered. In the latter case, the energy rate line integral was used for characterizing the crack driving force, and the rate of crack extension was computed using a local damage formulation that assumed fracture was controlled by cavitation occurring within the crack-tip process zone. The results of this investigation were used to assess the evolution equation for isotropic damage utilized in the Bodner-Partom constitutive equations.

  2. Constitution and magnetism of iron and its alloys

    CERN Document Server

    Pepperhoff, Werner

    2001-01-01

    Iron played an important role in the development of the industrial society and has not lost any of its significance since today. This book provides the foundations of understanding the physical nature of iron and its alloys. Basics and recent developments concerning its constitution and magnetism are presented as well as its thermal properties. The exceptional role of iron with its wide spectrum of most different technological and physical properties relies on its versatility, its polymorphism of its crystal structure and its magnetism. Therefore it is the aim of the book to link together the constitution and magnetism of iron.

  3. Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments

    Directory of Open Access Journals (Sweden)

    Lorenz Astrid

    2015-11-01

    Full Text Available The article analyses constitutional politics in the German Länder in the field of minors’ rights. Since this issue seems a purely legal matter dealt with at the federal, European and international level, we should expect similar, almost identically shaped policies at the Länder level. However, the analysis brings considerable variations of constitutional activities in this field to the fore: time, frequency, and contents of respective initiatives vary significantly in the period from 1999 to 2014. These variations were due to different party strategies, diverging party platforms and majority constellations in the Länder. The analysis also shows that the public arguments brought forward in favour of constitutional amendments refer only weakly and randomly to legal provisions and processes at other levels. The political debate supporting extended children's rights rather refers to general observations, to the specific regional context, and constitutional provisions in other Länder. At least with regard to this issue, the multi-level system did not systematically impact on constitutional politics in the Länder. It rather can be understood as an opportunity structure providing parties with multiple realms in which they can pursue their goals. Thus the study shows that federal and regional party strategies are key factors in explaining policy diffusion in multilevel systems.

  4. The co-constitution of the self and the world: action and proprioceptive coupling

    Science.gov (United States)

    Gapenne, Olivier

    2014-01-01

    This article proposes a theoretical reflection on the conditions for the constitution of a distinction between the self and the world by a cognitive system. The main hypothesis is the following: proprioception, as a sensory system that is habitually dedicated essentially to experience of the body, is conceived here as a coupling which is necessary for the dual and concomitant constitution of a bodily self and of a distal perceptual field. After recalling the singular characteristics of proprioceptive coupling, three lines of thought are developed. The first, which is notably inspired by research on sensory substitution, aims at emphasizing the indispensable role of action in the context of such perceptual learning. In a second part, this hypothesis is tested against opposing arguments. In particular, we shall discuss, in the context of what Braitenberg called a synthetic psychology, the emergence of oriented behaviors in simple robots that can be regulated by sensory regulations which are strictly external, since these robots do not have any form of “proprioception.” In the same vein, this part also provides the opportunity to discuss the argument concerning a bijective relation between action and proprioception; it has been argued by others that because of this strict bijection it is not possible for proprioception to be the basis for the constitution of an exteriority. The third part, which is more prospective, suggests that it is important to take the measure of the phylogenetic history of this exteriority, starting from unicellular organisms. Taking into account the literature which attests the existence of proprioception even amongst the most elementary living organisms, this leads us to propose that the coupling of proprioception to action is very primitive, and that the role we propose for it in the co-constitution of an exteriority and self is probably already at work in the simplest living organisms. PMID:24971073

  5. The co-constitution of the self and the world: action and proprioceptive coupling

    Directory of Open Access Journals (Sweden)

    Olivier eGapenne

    2014-06-01

    Full Text Available This article proposes a theoretical reflection on the conditions for the constitution of a distinction between the self and the world by a cognitive system. The main hypothesis is the following: proprioception, as a sensory system that is habitually dedicated essentially to experience of the body, is conceived here as a coupling which is necessary for the dual and concomitant constitution of a bodily self and of a distal perceptual field. After recalling the singular characteristics of proprioceptive coupling, three lines of thought are developed. The first, which is notably inspired by research on sensory substitution, aims at emphasizing the indispensable role of action in the context of such perceptual learning. In a second part, this hypothesis is put to the test of opposing arguments. In particular, we shall discuss, in the context of what Braitenberg called a synthetic psychology, the emergence of oriented behaviors in simple robots that can be regulated by sensory regulations which are strictly external, since these robots do not have any form of proprioception. In the same vein, this part also provides the opportunity to discuss the argument concerning a bijective relation between action and proprioception; it has been argued by others that because of this strict bijection it is not possible for proprioception to be the basis for the constitution of an exteriority. The third part, which is more prospective, suggests that it is important to take the measure of the phylogenetic history of this exteriority, starting from unicellular organisms. Taking into account the literature which attests the existence of proprioception even amongst the most elementary living organisms, this leads us to propose that the coupling of proprioception to action is very primitive, and that the role we propose for it in the co-constitution of an exteriority and self is probably already at work in the simplest living organisms.

  6. Using Constitutional Provisions to Advance Environmental Justice – Some Reflections on Sri Lanka

    Directory of Open Access Journals (Sweden)

    Camena Guneratne

    2015-09-01

    Full Text Available This paper examines the principle of environmental justice and its potential applicability to developing countries such as Sri Lanka. It first considers the interpretation and application of the principle in its country of origin, the United States, where it is used primarily to address problems of discrimination in the context of pollution. The paper takes the view that while such an interpretation of environmental justice is valid in this particular context, it cannot address issues of environment and development that arise in countries of the global South, which are grappling with development processes. These processes give rise to issues that may be subject to judicial determination, including sustainable development, protection of natural resources, human rights and social equity. The principle must therefore be re-interpreted to encompass all these dimensions. This paper argues that such an expansion and implementation of the principle of environmental justice in a context of environment and development in countries such as Sri Lanka, is most effective within a constitutional framework of human rights. Constitutions provide both the substantive and procedural foundation of rights, which are interpreted, enforced and given validity at the highest level of the judicial process. Even where environmental rights per se are not contained in a constitution, the existing rights can be, and have been, re-formulated to address issues of environment and development and related human rights. This paper analyses constitutional rights in Sri Lanka, which although limited in scope, has nevertheless formed the basis of a wide body of jurisprudence which brings new dimensions to the principle.

  7. BIOMETRIC INDICES OF CONSTITUTIONAL RISKS FOR DEVELOPMENT OF PARANOID SCHIZOPHRENIA IN MALE PATIENTS

    Directory of Open Access Journals (Sweden)

    Lebedeva Е.A

    2009-09-01

    Full Text Available 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 openness among two groups. Significantly smaller sizes of the chest and thigh circumferences were found in men with paranoid schizophrenia. The schizophrenic group exhibited higher frequency of "ulnar loop" and "double loop" finger pattern occurrence. Our study found a number of somato-psychic, dermato-psychic and dermato-somatic correlations, as well as correlations between personality factors and age. Conclusion: the examination of personality features correlated with markers of dermatoglyphic and body constitution helped to identify the predictors of risks for developing paranoid schizophrenia. This makes it possible the identification of at-risk groups with their monitoring and focusing on preventive programs

  8. Restrictions placed on constitutive relations by angular momentum balance and Galilean invariance

    Science.gov (United States)

    Rajagopal, K. R.; Srinivasa, A. R.

    2013-04-01

    In this note, we will show that for describing the response of a wide class of bodies, it is sufficient to invoke only the balance of angular momentum to obtain the restrictions on the constitutive functions that one obtains by appealing to frame indifference. While this result is known for hyperelastic materials (although it is not found in any standard text on the subject), we extend this result to classes of elasto-plastic and viscoelastic materials as well as for a class of implicit constitutive equations for viscous fluids. In particular, we show that for a class of bodies capable of instantaneous elastic response that is dictated by a stored energy function, the symmetry of the Cauchy stress alone is enough to obtain all the necessary restrictions. The result is related to Noether's theorem; if we know that there is a conserved quantity (i.e., angular momentum), we can then show that the energy function must be invariant under a group of transformations. For a class of generalized Newtonian fluids (including the Navier Stokes fluid and the Bingham fluid), the symmetry of the stress and Galilean invariance of the response functions are all that are required to obtain restrictions that are usually obtained by enforcing frame indifference.

  9. Economic and social rights in the Constitution of Serbia

    Directory of Open Access Journals (Sweden)

    Rapajić Milan M.

    2015-01-01

    Full Text Available The work is an attempt of the author to, in a relatively systematic way, presents the norms of Economic and Social Rights in the Constitution of Serbia from 2006. Before that, in the introduction the author refers to the commonplace with regard to human rights and their institutionalization, constitutionalization and internationalization. The process of institutionalization of human rights was started in England by adoption of the Great Charter of Freedoms (Magna Carta Libertatum in 1215. Constitutionalization of human rights begins with the adoption of the first ten amendments to the US Constitution in 1791. French writers of the Constitution unlike the American in Declaration of the Rights of Man and the Citizen proclaimed certain new rights such as freedom of movement, freedom of assembly, the right to free expression of thought, right to petition or freedom of culture. At first human rights were an asset to limit state power, but with new theories by which the state can not be seen only as a political organization, but as a community that has a socio-economic content, the state must guarantee to the citizens a certain corpus of economic and social rights by Constitution. Economic, social and cultural rights are classified as second generation of rights. Economic and social rights are directed to the fact that individuals are brought to the position that they can enjoy their civil and political rights. These rights, known as social welfare, are rights based on the principles of equality and solidarity, and their purpose is, inter alia, to help to the socially vulnerable members of the community. Constitutional act, which is important for the world the constitutional recognition of these rights is the Weimar Constitution from 1919. which predicted legislative measures to implement these rights. For the internationalization of these rights very important is Universal Declaration of Human Rights from 1948 and the International Covenant on

  10. Lignocellulose Biomass: Constitutive Polymers. Biological Processes of Lignin Degradation

    International Nuclear Information System (INIS)

    Martin, C.; Manzanares, P.

    1994-01-01

    The structure of the lignocellulosic materials and the chemical composition of their main constitutive polymers, cellulose, hemicelluloses and lignin are described. The most promising transformation processes according to the type of biomass considered: hardwood, softwood an herbaceous and the perspectives of biotechnological processes for bio pulping, bio bleaching and effluents decolorisation in the paper pulp industry are also discussed. (Author) 7 refs

  11. Constitution Hill: Memory, ideology and utopia | Ashcroft | Tydskrif vir ...

    African Journals Online (AJOL)

    The opening of the Constitutional Court on the 21st March 2004 in Johannesburg was an eventful national day, because, built on the site of the notorious Number 4 prison, the Court symbolized the intention to build a just future out of the memory of oppression. The incorporation of existing prison buildings and materials in ...

  12. ALL ABOUT WORDS ON THE PROCEDURE OF CONSTITUTIONAL ...

    African Journals Online (AJOL)

    2) of the FDRE Constitution by itself provides 'any court or any affected party has the right to challenge the unconstitutionality of laws (federal or state)'. In clear statement, any court or interested party has the right to submit the issue of.

  13. Predictive capabilities of various constitutive models for arterial tissue.

    Science.gov (United States)

    Schroeder, Florian; Polzer, Stanislav; Slažanský, Martin; Man, Vojtěch; Skácel, Pavel

    2018-02-01

    Aim of this study is to validate some constitutive models by assessing their capabilities in describing and predicting uniaxial and biaxial behavior of porcine aortic tissue. 14 samples from porcine aortas were used to perform 2 uniaxial and 5 biaxial tensile tests. Transversal strains were furthermore stored for uniaxial data. The experimental data were fitted by four constitutive models: Holzapfel-Gasser-Ogden model (HGO), model based on generalized structure tensor (GST), Four-Fiber-Family model (FFF) and Microfiber model. Fitting was performed to uniaxial and biaxial data sets separately and descriptive capabilities of the models were compared. Their predictive capabilities were assessed in two ways. Firstly each model was fitted to biaxial data and its accuracy (in term of R 2 and NRMSE) in prediction of both uniaxial responses was evaluated. Then this procedure was performed conversely: each model was fitted to both uniaxial tests and its accuracy in prediction of 5 biaxial responses was observed. Descriptive capabilities of all models were excellent. In predicting uniaxial response from biaxial data, microfiber model was the most accurate while the other models showed also reasonable accuracy. Microfiber and FFF models were capable to reasonably predict biaxial responses from uniaxial data while HGO and GST models failed completely in this task. HGO and GST models are not capable to predict biaxial arterial wall behavior while FFF model is the most robust of the investigated constitutive models. Knowledge of transversal strains in uniaxial tests improves robustness of constitutive models. Copyright © 2017 Elsevier Ltd. All rights reserved.

  14. Robotic and Multiaxial Testing for the Constitutive Characterization of Composites

    Science.gov (United States)

    John Michopoulos; Athanasios Iliopoulos; John Hermanson

    2012-01-01

    As wind energy production drives the manufacturing of wind turbine blades, the utilization of glass and carbon fiber composites as a material of choice continuousiy increases. Consequently, the needs for accurate structural design and material qualification and certification as well as the needs for aging predictions furlher underline the need for accurate constitutive...

  15. Using international human rights law to promote constitutional rights ...

    African Journals Online (AJOL)

    Parliaments are guardians of human rights due to their role of representing the people in the management of public affairs. The activities of parliaments cover the entire spectrum of human rights and have an immediate impact on the enjoyment, protection andpromotion of rights. In South Africa, the Constitution requires ...

  16. Valuation in the constitutional era | du Plessis | Potchefstroom ...

    African Journals Online (AJOL)

    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 ...

  17. Fundamental Laws of the State: The Spanish Constitution.

    Science.gov (United States)

    Ministerio de Informacion y Turismo, Madrid (Spain).

    This political document is introduced by the head of the Spanish State, His Excellency Don Francisco Franco Bahamonde in a speech given on 22 November 1966 to the session of the Spanish Cores. The speech outlines in general terms the political and philosophical ideals of His Excellency. The Constitution is presented in several sections including:…

  18. The constitutional right to freedom of expression: How enforceable ...

    African Journals Online (AJOL)

    Erna Kinsey

    Department of Comparative Education and Education Management, University of the Free State, P O Box 339, Bloemfontein, 9300 South Africa ... have been directly affected by the need to ensure that their operations and rules are constitutionally and legislatively compatible. ..... Discipline, which depends on the colour of.

  19. the emerging international constitutional order: the implications of ...

    African Journals Online (AJOL)

    Dr Tanya du Plessis

    obligations that traditionally constituted core elements of the exercise of public power within the nation state, namely .... legal order containing (inter alia) the outer limits for the exercise of public power emerges. 12 ICJ, Advisory ..... Hoffmeister F “Die Europaïsche Menschenrechtskonvention als. Grundrechtsverfassung und ...

  20. Generalized Constitutive Model for Stabilized Quick Clay | Bujulu ...

    African Journals Online (AJOL)

    An experimentally-based two yield surface constitutive model for cemented quick clay has been developed at NTNU, Norway, to reproduce the mechanical behavior of the stabilized quick clay in the triaxial p'-q stress space. The model takes into account the actual mechanical properties of the stabilized material, such as ...

  1. The independence of South African judges: a constitutional and ...

    African Journals Online (AJOL)

    Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges. In so doing, the paper focuses on impartiality, judicial appointments and security of tenure.

  2. The Constitutional Implications of Expenditure Limits in Student Government Elections

    Science.gov (United States)

    Powers, David M.

    2009-01-01

    The purpose of this paper is to provide student affairs professionals with an overview of the law regarding the constitutionality of expenditure limits in student government elections. Unlike campaigns for federal and state office, it is clear that the limited case law on this topic does allow universities to limit the amount of money that student…

  3. Economic Questions Raised in Iraq’s New Constitution

    Science.gov (United States)

    2005-11-01

    the debates in Iraq have become increasingly polarized. Sunni Arab delegates on the constitutional commission have accused the dominant Shia and...systems will be able to coexist successfully is something the theoretical literature has yet to shed much light. Would the likely more efficient Kurdish

  4. The Teddy Bear Clinic Constitutional Court case: Sexual conduct ...

    African Journals Online (AJOL)

    The Constitutional Court in the Teddy Bear Clinic appeal case held that the sections of the Sexual Offences Act that impose criminal liability for sexual offences on adolescent children under 16 years of age are invalid. The invalidity was suspended for 18 months to allow Parliament to correct the Act's defects. A moratorium ...

  5. The constitutional right to freedom of expression: how enforceable ...

    African Journals Online (AJOL)

    reaching consequences on society. As organs of state, schools have been directly affected by the need to ensure that their operations and rules are constitutionally and legislatively compatible. Human rights do not exist purely as an ideal but must ...

  6. From Global Rights to Local Practices: Constitutional Reform and ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    This project aims to study the impacts of reforms to increase participation rights in five Latin American countries at the local level. During the 1990s, most Latin American countries adopted ambitious constitutional reforms recognizing the right to participation. Examples include: -consumer rights in public utilities regulation ...

  7. "Brexit": A constitutional, diplomatic and democratic crisis. A view ...

    African Journals Online (AJOL)

    A discussion of the recent referendum in the United Kingdom (UK) on membership of the European Union (EU) and, in particular, to consider the immediate aftermath and longer-term implications of the decision to leave. Keywords: Brexit; referendum; European Union; constitutional law; international law ...

  8. Protecting the vulnerable? Assessing the constitutionality of the ...

    African Journals Online (AJOL)

    This contribution deals with the recent judgments pronouncing on the entering of the particulars of child sex offenders into the register for sex offenders as enunciated in Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The constitutionality of having juvenile sex offenders' ...

  9. Constitutional and occupational risk factors associated with bladder cancer.

    Science.gov (United States)

    Ferrís, J; Garcia, J; Berbel, O; Ortega, J A

    2013-09-01

    Bladder carcinoma (BC) is the fourth most common type of cancer in males from Western countries, with primary prevention an important healthcare challenge. We review the associated constitutional and occupational risk factors (RF), with greater or lesser scientific evidence, in the aetiology of BC. Literature review of the last 25 years of the constitutional and occupational RF associated with BC, conducted on MedLine, CancerLit, Science Citation Index and Embase. The search profiles were Risk factors/Genetic factors/Genetic polymorphisms/Epidemiology/Occupational factors and Bladder cancer. The main RF were a) age and gender (diagnosed at age 65 and over, with a 4:1 ratio of males to females); b) race, ethnicity and geographic location (predominantly in Caucasians and in Southern European countries); c) genetic (N-acetyltransferase-2 and glutathione s-transferase M1 gene mutations, which significantly increase the risk for BC); d) occupational, which represent 5%-10% of BC RF; and f) occupations with high BC risk, such as aluminium production, the manufacture of dyes, paints and colourings, the rubber industry and the extraction and industrial use of fossil fuels. BC is the end result of the variable combination of constitutional and environmental RF, the majority of which are unknown. The most significant constitutional RF are related to age, gender, race, ethnicity geographic location and genetic polymorphisms. The main occupational RF are those related to aromatic amines and polycyclic aromatic hydrocarbons. Copyright © 2013 AEU. Published by Elsevier Espana. All rights reserved.

  10. Stohastic Properties of Plasticity Based Constitutive Law for Concrete

    DEFF Research Database (Denmark)

    Frier, Christian; Sørensen, John Dalsgaard

    1998-01-01

    -off criterion. The statistics of the material parameters are obtained by applying biaxial test results for plane concrete slabs to the constitutive model using the maximum likelihood method. Response surfaces are used to obtain the statistics for a parameter depending on other previously obtained parameters....... Finally an illustrative example of a reliability analysis of a plane concrete panel is given....

  11. European Crises of Legally-constituted Public Power

    DEFF Research Database (Denmark)

    Kjær, Poul F.

    2017-01-01

    . The dual (trans-)national re-constitution of Western Europe in the years immediately after the Second World War, which the European integration process was an integrated part of, successfully remedied this development. However, over the last decades, Europe has experienced a ‘turn to governance’, which...

  12. The constitutionality of a biological father's recognition as a parent

    African Journals Online (AJOL)

    user

    31 In terms of S 9(3) of the Constitution: "The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including ... gender, sex, pregnancy, marital status, ethnic or social origin … and birth". 32 As required by S 21(1)(a) of the Children's Act. 33 As required by S 20 of the Children's Act.

  13. Target Soil Impact Verification: Experimental Testing and Kayenta Constitutive Modeling.

    Energy Technology Data Exchange (ETDEWEB)

    Broome, Scott Thomas [Sandia National Laboratories (SNL-NM), Albuquerque, NM (United States); Flint, Gregory Mark [Sandia National Laboratories (SNL-NM), Albuquerque, NM (United States); Dewers, Thomas [Sandia National Laboratories (SNL-NM), Albuquerque, NM (United States); Newell, Pania [Sandia National Laboratories (SNL-NM), Albuquerque, NM (United States)

    2015-11-01

    This report details experimental testing and constitutive modeling of sandy soil deformation under quasi - static conditions. This is driven by the need to understand constitutive response of soil to target/component behavior upon impact . An experimental and constitutive modeling program was followed to determine elastic - plastic properties and a compressional failure envelope of dry soil . One hydrostatic, one unconfined compressive stress (UCS), nine axisymmetric compression (ACS) , and one uniaxial strain (US) test were conducted at room temperature . Elastic moduli, assuming isotropy, are determined from unload/reload loops and final unloading for all tests pre - failure and increase monotonically with mean stress. Very little modulus degradation was discernable from elastic results even when exposed to mean stresses above 200 MPa . The failure envelope and initial yield surface were determined from peak stresses and observed onset of plastic yielding from all test results. Soil elasto - plastic behavior is described using the Brannon et al. (2009) Kayenta constitutive model. As a validation exercise, the ACS - parameterized Kayenta model is used to predict response of the soil material under uniaxial strain loading. The resulting parameterized and validated Kayenta model is of high quality and suitable for modeling sandy soil deformation under a range of conditions, including that for impact prediction.

  14. Emergency Powers and Constitutional Change in the Late Middle Ages

    NARCIS (Netherlands)

    de Wilde, M.

    2015-01-01

    This article gives an account of late medieval theories and practices of emergency powers. More particularly, it examines the relation between emergency powers and constitutional change. It thus seeks to explain how, in the course of the 13th and 14th centuries, European rulers began using their

  15. Legal Nature and Functions of Referendum in Constitutional Law Theory

    Science.gov (United States)

    Kucherenko, Petr A.; Sangadzhiev, Badma.V.; Velibekov, Murad C.

    2016-01-01

    The relevance of the study of the legal nature and functions of the referendum is conditioned by the increasing dynamics of development of direct democracy in the developed countries and the needs to legalize it in constitutional and legal norms to ensure stability in society. The purpose of this paper is to define the legal nature of the…

  16. human rights under the ethiopian constitution: ad escriptive overview

    African Journals Online (AJOL)

    eliasn

    27 The power of interpreting the Constitution lies with the House of Federation, a political organ with semi-legislative power .... refers to hard as well as soft instruments. Most importantly, conformity is required ... 38 Consolidation of the House of Federation and Definition of its Powers and. Responsibilities Proclamation No.

  17. Religious freedom and its limitations under the 1999 constitution of ...

    African Journals Online (AJOL)

    This paper critically reviewed the provisions of the 1999 Constitution of Nigeria on freedom of religion and its limitations as a result of the long history of religious tensions Nigeria has witnessed particularly between the two major religious groups, Christians and Muslims and as a result of the violence created constantly by ...

  18. Pitfalls of Constitutionalism and Political Transformation in Uganda ...

    African Journals Online (AJOL)

    2015-05-29

    May 29, 2015 ... Did periodic elections and the textual formalism of the new constitution guarantee ..... exist' (The New Vision 1 February 2005). However, the support of women. 2- Godfrey.pmd .... lead in violating human rights included The Chieftaincy of Military Intelligence. (CMI); Internal Security Organisation (ISO); ...

  19. Human Rights Education, Constitutionalism and Their Interrelations in Slovakia.

    Science.gov (United States)

    Kusy, Miroslav

    1994-01-01

    This paper reviews national and cultural traditions that inform human rights consciousness in Slovakia and examines the role of constitutionalism in human rights protection and education on human rights. A prospering civil society is possible only in the context of a well-functioning civil state, making education in human rights and…

  20. Domains of Civic Engagement in a Constitutional Democracy.

    Science.gov (United States)

    Harris, Will

    This paper suggests that a well-composed scheme of civic education does not merely predispose the citizen to political engagement, but more fundamentally, the considered systematic design of civic education parallels the essentials of both the constitutionalism and the democracy to which it gives access and control. This paper aims to draw out…

  1. Contemporary Perspectives on the Enduring Constitution: A Bicentennial Primer.

    Science.gov (United States)

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

    The 17 essays included in this book are designed to provide educators and other interested readers with contemporary perspectives on a broad range of themes and topics concerning the U.S. Constitution. The authors are a distinguished group of historians, political scientists, legal scholars, and jurists. The essays include: "The Achievement…

  2. The Constitutional Court and ubuntu's “inseparable trinity" | Keevy ...

    African Journals Online (AJOL)

    The purpose of this article is to deconstruct the Constitutional Court's definitions of ubuntu as humanness, group solidarity, umuntu ngumuntu ngabantu, personhood and a moral philosophy. It is submitted that the philosophy of ubuntu or ethnophilosophy represents a religious worldview as it is inseparable from African ...

  3. Essential Medicines in National Constitutions : Progress since 2008

    NARCIS (Netherlands)

    Perehudoff, S. Katrina; Toebes, Brigit; Hogerzeil, Hans

    A constitutional guarantee of access to essential medicines has been identified as an important indicator of government commitment to the progressive realization of the right to the highest attainable standard of health. The objective of this study was to evaluate provisions on access to essential

  4. Structure and Calibration of Constitutive Equations for Granular Soils

    Directory of Open Access Journals (Sweden)

    Sawicki Andrzej

    2015-02-01

    Full Text Available The form of incremental constitutive equations for granular soils is discussed for the triaxial configuration. The classical elasto-plastic approach and the semi-empirical model are discussed on the basis of constitutive relations determined directly from experimental data. First, the general structure of elasto-plastic constitutive equations is presented. Then, the structure of semiempirical constitutive equations is described, and a method of calibrating the model is presented. This calibration method is based on a single experiment, performed in the triaxial apparatus, which also involves a partial verification of the model, on an atypical stress path. The model is shown to give reasonable predictions. An important feature of the semi-empirical incremental model is the definition of loading and unloading, which is different from that assumed in elasto-plasticity. This definition distinguishes between spherical and deviatoric loading/unloading. The definition of deviatoric loading/unloading has been subject to some criticism. It was therefore discussed and clarified in this paper on the basis of the experiment presented.

  5. Constitutively activated ERK sensitizes cancer cells to doxorubicin ...

    Indian Academy of Sciences (India)

    2017-02-03

    Feb 3, 2017 ... Constitutively activated ERK sensitizes cancer cells to doxorubicin: Involvement of p53-EGFR-ERK pathway. RATNA KUMARI. 1,†. , SURBHI CHOUHAN. 1,†. , SNAHLATA SINGH. 1,†. , RISHI RAJ CHHIPA. 2. ,. AMRENDRA KUMAR AJAY. 3 and MANOJ KUMAR BHAT*. National Centre for Cell Science, ...

  6. Constitutional Issues: Separation of Powers. Teaching with Documents.

    Science.gov (United States)

    National Archives and Records Administration, Washington, DC.

    The United States subscribes to the original premise of the framers of the Constitution that the way to safeguard against tyranny is to separate the powers of government among three branches so that each branch checks the other two. At no time in the 20th century was the devotion to that principle more vigorously evoked than in 1937, when…

  7. 27 CFR 27.206 - Bottles not constituting approved containers.

    Science.gov (United States)

    2010-04-01

    ... approved containers. 27.206 Section 27.206 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY LIQUORS IMPORTATION OF DISTILLED SPIRITS, WINES, AND BEER Requirements for Liquor Bottles § 27.206 Bottles not constituting approved containers. The appropriate TTB...

  8. Justice: Constitutional Update. Bar/School Partnership Programs Series.

    Science.gov (United States)

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

    The third in this special series on constitutional themes, this document focuses on justice. "Due Process: What Is It?" (P. McGuire) examines the concept of due process as provided in the Fifth and Fourteenth Amendments and provides lesson plans for a five-day unit on that topic. "Making Government Fair" (G. Galland) explains…

  9. Splicing aberrations caused by constitutional RB1 gene mutations in ...

    Indian Academy of Sciences (India)

    . [Parsam VL, Ali MJ, Honavar SG, Vemuganti GK and Kannabiran C 2011 Splicing aberrations caused by constitutional RB1 gene mutations in retinoblastoma. J. Biosci. 36 281–287] DOI 10.1007/s12038-011-9062-9. 1. Introduction.

  10. Public Participation: What has the Constitutional Court given the ...

    African Journals Online (AJOL)

    Linda Nyati explores the duty to facilitate public participation in legislative processes in terms of sections 59(1) (a), 72(1) (a) and 118(1) (a) of the Constitution. This issue, the article demonstrates, is highly pertinent to citizens in grappling with the inner working of a democratic dispensation. The author delves into it by way of ...

  11. De Vos NO v Minister of Justice and Constitutional Development ...

    African Journals Online (AJOL)

    Section 35 of the Constitution protects an accused's right to a fair trial. In order for an accused to make a substantial defence, both his physical and his mental presence is required in court. The incapacity of an accused person to understand criminal proceedings in a court will affect his right to a fair trial. Section 77 of the ...

  12. Local constitutive behavior of paper determined by an inverse method

    Science.gov (United States)

    John M. Considine; C. Tim Scott; Roland Gleisner; Junyong Zhu

    2006-01-01

    The macroscopic behavior of paper is governed by small-scale behavior. Intuitively, we know that a small-scale defect with a paper sheet effectively determines the global behavior of the sheet. In this work, we describe a method to evaluate the local constitutive behavior of paper by using an inverse method.

  13. The Absolute and the Relative Dimensions of Constitutional Rights

    Czech Academy of Sciences Publication Activity Database

    Alexy, Robert

    2017-01-01

    Roč. 37, č. 1 (2017), s. 31-47 ISSN 0143-6503 Keywords : constitutional rights * judicial review * proportionality Subject RIV: AG - Legal Sciences OBOR OECD: Law Impact factor: 1.242, year: 2016 https://academic.oup.com/ojls/article/37/1/31/2669583/The-Absolute-and-the-Relative-Dimensions-of

  14. A Selection of Constitutional Perspectives on Human Kidney Sales ...

    African Journals Online (AJOL)

    transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The specific focus of this article is to determine ... to remunerate a kidney donor for his kidney. KEYWORDS: kidney donation; organ sales; Constitution; human life; human

  15. Bladder tissue biomechanical behavior: Experimental tests and constitutive formulation.

    Science.gov (United States)

    Natali, A N; Audenino, A L; Artibani, W; Fontanella, C G; Carniel, E L; Zanetti, E M

    2015-09-18

    A procedure for the constitutive analysis of bladder tissues mechanical behavior is provided, by using a coupled experimental and computational approach. The first step pertains to the design and development of mechanical tests on specimens from porcine bladders. The bladders have been harvested, and the specimens have been subjected to uniaxial cyclic tests at different strain rates along preferential directions, considering the distribution of tissue fibrous components. Experimental results showed the anisotropic, non-linear and time-dependent stress-strain behavior, due to tissue conformation with fibers distributed along preferential directions and their interaction phenomena with ground substance. In detail, experimental data showed a greater tissue stiffness along transversal direction. Viscous behavior was assessed by strain rate dependence of stress-strain curves and hysteretic phenomena. The second step pertains the development of a specific fiber-reinforced visco-hyperelastic constitutive model, in the light of bladder tissues structural conformation and experimental results. Constitutive parameters have been identified by minimizing the discrepancy between model and experimental data. The agreement between experimental and model results represent a term for evaluating the reliability of the constitutive models by means of the proposed operational procedure. Copyright © 2015 Elsevier Ltd. All rights reserved.

  16. Market and state in the vision of constitutional economy

    Directory of Open Access Journals (Sweden)

    Cristian-Ion Popa

    2011-09-01

    Full Text Available This study addresses the general problem of the relationship between Market and State from Constitutional Political Economy perspective, a research program that has developed in recent decades within Public Choice Theory as a paradigmatic alternative to Welfare Economics of Keynesian extraction.

  17. "Contested Rights": The Pedagogy and Logistics of Hosting Constitution Day

    Science.gov (United States)

    Miracle, Amanda; Smith, Michael; Anderson, Kevin; Catlett, Rob

    2016-01-01

    To seriously consider one's rights under the US Constitution, one must grapple with the realization that many rights are not absolute. Instead, they are contested. But how to introduce younger students to such a complex concept, given short attention spans? In this article, we discuss the opportunities, pitfalls, and planning logistics of the 2013…

  18. Constitutive equation for polymer networks with phonon fluctuations

    DEFF Research Database (Denmark)

    Hansen, Rasmus; Skov, Anne Ladegaard; Hassager, Ole

    2008-01-01

    Recent research by Xing [Phys. Rev. Lett. 98, 075502 (2007)] has provided an expression for the Helmholtz free energy related to phonon fluctuations in polymer networks. We extend this result by constructing the corresponding nonlinear constitutive equation, usable for entirely general, volume...

  19. Review of constitutive models and failure criteria for concrete

    Energy Technology Data Exchange (ETDEWEB)

    Seo, Jeong Moon; Choun, Young Sun [Korea Atomic Energy Research Institute, Taejeon (Korea)

    2000-03-01

    The general behavior, constitutive models, and failure criteria of concrete are reviewed. The current constitutive models for concrete cannot satisfy all of mechanical behavior of concrete. Among several constitutive models, damage models are recommended to describe properly the structural behavior of concrete containment buildings, because failure modes and post-failure behavior are important in containment buildings. A constitutive model which can describe the concrete behavior in tension is required because the containment buildings will reach failure state due to ultimate internal pressure. Therefore, a thorough study on the behavior and models under tension stress state in concrete and reinforced concrete has to be performed. There are two types of failure criteria in containment buildings: structural failure criteria and leakage failure criteria. For reinforced or prestressed concrete containment buildings, concrete cracking does not mean the structural failure of containment building because the reinforcement or post-tensioning system is able to resist tensile stress up to yield stress. Therefore leakage failure criteria will be prior to structural failure criteria, and a strain failure criterion for concrete has to be established. 120 refs., 59 figs., 1 tabs. (Author)

  20. Stochastic Properties of Plasticity Based Constitutive Law for Concrete

    DEFF Research Database (Denmark)

    Frier, Christian; Sørensen, John Dalsgaard

    -off criterion. The statistics of the material parameters are obtained by applying biaxial test results for plane concrete slabs to the constitutive model using the maximum likelihood method. Response surfaces are used to obtain the statistics for a parameter depending on other previously obtained parameters...

  1. Constitutional Obligations for Public Education: 50-State Review

    Science.gov (United States)

    Parker, Emily

    2016-01-01

    Within the constitution of each of the 50 states, there is language that mandates the creation of a public education system. The authority for public education falls to states because of a 1973 Supreme Court case which determined that the federal government has no responsibility to provide systems of public education. These constitutional…

  2. National and constitutional identity before and after Lisbon

    NARCIS (Netherlands)

    Besselink, Leonard F.M.

    2010-01-01

    This essay seeks to reflect on how the conscious political effort to overcome the divisiveness caused by Member States' idiosyncracies has matured into the constitutional recognition of Member State identities as essential to the European project. Central findings concern the particular twist from

  3. The Contradictions of Constitution-Making in Nigeria

    African Journals Online (AJOL)

    First Lady

    2012-10-27

    Oct 27, 2012 ... of nature‖ and ―… force exercised without right, creates a state of war, because it contributes to a ... periods of soliciting and collating the views of the people, through oral and. The Contradictions of ... assembly needs to be preceded by a wide range of constitutional proposals. All the populace cannot ...

  4. [Constitutional syndrome: clinical entity or a mixed bag].

    Science.gov (United States)

    Suárez-Ortega, Saturnino; Puente-Fernández, Alicia; Santana-Baez, Sergio; Godoy-Díaz, Davinia; Serrano-Fuentes, Miriam; Sanz-Peláez, Oscar

    2013-01-01

    Fatigue, anorexia and involuntary weight loss have been included under the term constitutional syndrome. These manifestations accompany many diseases in which the diagnosis is made by specific symptoms and signs. However, these events are generally the main reason for consultation and the patient does not report other specific data. This forces us to rigorously investigate the possible causes of the disorder. Usually, three manifestations coexist: asthenia, anorexia and weight loss, but sometimes the patient has only one or two of them. The causes of constitutional symptoms are varied and can be divided into three groups: psychiatric diseases, neoplasms and non-neoplastic diseases. The etiological identification is usually done with a simple protocol, which rules out malignancy; the rest of the cases of uncertain etiology are subject to evolution. The constitutional syndrome correlates well with good prognosis or medical functional processes. Although no clinical guidelines have been developed, score scales may help for the etiological assessment. Given the myriad of different causes of the constitutional syndrome, the treatment of this illness depends primarily on the etiology.

  5. Body Weight and Body Image

    Directory of Open Access Journals (Sweden)

    McFarlane Traci

    2004-08-01

    Full Text Available 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 than men, a lower incidence of being overweight and a higher incidence of being underweight. However, women across all weight categories are more dissatisfied with their bodies. Sixty percent of women are inactive, and women with a BMI of 27 or higher are more likely to be inactive than women with lower BMIs. The data show that women are aware of the health benefits of exercise, but there is a gap between knowledge and practice. When asked about barriers to health improvement, 39.7% of women cited lack of time and 39.2% lack of willpower. Data Gaps and Recommendations Weight prejudice must be made unacceptable and positive body image should be encouraged and diversity valued. Health policies should encourage healthy eating and healthy activity. Health curricula for young students should include information about healthy eating, active lifestyle, and self-esteem. Physical activities that mothers can participate in with their families should be encouraged. Research should be funded to elucidate the most effective methods of getting women to become and remain physically active without focusing on appearance.

  6. Latitudinal Gradients in Induced and Constitutive Resistance against Herbivores.

    Science.gov (United States)

    Anstett, Daniel N; Chen, Wen; Johnson, Marc T J

    2016-08-01

    Plants are hypothesized to evolve increased defense against herbivores at lower latitudes, but an increasing number of studies report evidence that contradicts this hypothesis. Few studies have examined the evolution of constitutive and induced resistance along latitudinal gradients. When induction is not considered, underlying patterns of latitudinal clines in resistance can be obscured because plant resistance represents a combination of induced and constitutive resistance, which may show contrasting patterns with latitude. Here, we asked if there are latitudinal gradients in constitutive versus induced resistance by using genotypes of Oenothera biennis (Onagraceae) sampled along an 18° latitudinal gradient. We conducted two bioassay experiments to compare the resistance of plant genotypes against one generalist (Spodoptera exigua) and one specialist (Acanthoscelidius acephalus) herbivore. These insects were assayed on: i) undamaged control plants, ii) plants that had been induced with jasmonic acid, and iii) plants induced with herbivore damage. Additionally, we examined latitudinal gradients of constitutive and induced chemical resistance by measuring the concentrations of total phenolics, the concentration of oxidized phenolics, and the percentage of phenolics that were oxidized. Spodoptera exigua showed lower performance on plants from lower latitudes, whereas A. acephalus showed no latitudinal pattern. Constitutive total phenolics were greater in plants from lower latitudes, but induced plants showed higher total phenolics at higher latitudes. Oxidative activity was greatest at higher latitudes regardless of induction. Overall, both latitude and induction have an impact on different metrics of plant resistance to herbivory. Further studies should consider the effect of induction and herbivore specialization more explicitly, which may help to resolve the controversy in latitudinal gradients in herbivory and defense.

  7. Constitutive Notch2 signaling induces hepatic tumors in mice.

    Science.gov (United States)

    Dill, Michael T; Tornillo, Luigi; Fritzius, Thorsten; Terracciano, Luigi; Semela, David; Bettler, Bernhard; Heim, Markus H; Tchorz, Jan S

    2013-04-01

    Hepatocellular carcinoma (HCC) and cholangiocarcinoma (CCC) are the most common liver tumors and a leading cause for cancer-related death in men. Notch2 regulates cellular differentiation in the developing and adult liver. Although aberrant Notch signaling is implicated in various cancers, it is still unclear whether Notch2 regulates proliferation and differentiation in liver carcinogenesis and thereby contributes to HCC and CCC formation. Here, we investigated the oncogenic potential of constitutive Notch2 signaling in the liver. We show that liver-specific expression of the intracellular domain of Notch2 (N2ICD) in mice is sufficient to induce HCC formation and biliary hyperplasia. Specifically, constitutive N2ICD signaling in the liver leads to up-regulation of pro-proliferative genes and proliferation of hepatocytes and biliary epithelial cells (BECs). Using the diethylnitrosamine (DEN) HCC carcinogenesis model, we further show that constitutive Notch2 signaling accelerates DEN-induced HCC formation. DEN-induced HCCs with constitutive Notch2 signaling (DEN(N2ICD) HCCs) exhibit a marked increase in size, proliferation, and expression of pro-proliferative genes when compared with HCCs from DEN-induced control mice (DEN(ctrl) HCCs). Moreover, DEN(N2ICD) HCCs exhibit increased Sox9 messenger RNA (mRNA) levels and reduced Albumin and Alpha-fetoprotein mRNA levels, indicating that they are less differentiated than DEN(ctrl) HCCs. Additionally, DEN(N2ICD) mice develop large hepatic cysts, dysplasia of the biliary epithelium, and eventually CCC. CCC formation in patients and DEN(N2ICD) mice is accompanied by re-expression of hepatocyte nuclear factor 4α(HNF4α), possibly indicating dedifferentiation of BECs. Our data establish an oncogenic role for constitutive Notch2 signaling in liver cancer development. Copyright © 2012 American Association for the Study of Liver Diseases.

  8. A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

    Directory of Open Access Journals (Sweden)

    Valentina BĂRBĂŢEANU

    2016-05-01

    Full Text Available Most of the European countries have chosen the centralized system of constitutional review, performed by a unique authority empowered with the competence of removing from the normative ensemble those legal provisions that do not comply with the principles and rules comprised in the Basic Law. This „European model” has proved to be more appropriate than the so-called „American model” in what concerns the compatibility with the European jurisdictional mechanism. Romania has adopted the same European trend and the Constitutional Court has become a very important actor in the Romanian legal landscape. From the very beginning of its activity, it has influenced in a great measure the national normative system. It has been sometimes criticized and accused that it interferes in an excessive way in the legislative process. Due to its competence to regulate the juridical conflicts between the public authorities and its possibility to repeal laws before their promulgation, it has been many times in the centre of heavy attacks, mostly from different political forces, often driven through mass media. Nevertheless, despite of its detractors, the Constitutional Court has proven, over the years, its ability to develop the Romanian normative system. The present paper intends to display the most significant contribution of the Romanian Constitutional Court in improving various legal regulations. In the same time and much more important, using concrete examples from the Court’s case-law, the paper also intends to demonstrate that the Constitutional Court of Romania has been a major factor of improving peoples’ life, removing unconstitutional obstacles set in front of the unimpeded exercise of their fundamental rights and freedoms.

  9. Constitutional dynamic chemistry: bridge from supramolecular chemistry to adaptive chemistry.

    Science.gov (United States)

    Lehn, Jean-Marie

    2012-01-01

    Supramolecular chemistry aims at implementing highly complex chemical systems from molecular components held together by non-covalent intermolecular forces and effecting molecular recognition, catalysis and transport processes. A further step consists in the investigation of chemical systems undergoing self-organization, i.e. systems capable of spontaneously generating well-defined functional supramolecular architectures by self-assembly from their components, thus behaving as programmed chemical systems. Supramolecular chemistry is intrinsically a dynamic chemistry in view of the lability of the interactions connecting the molecular components of a supramolecular entity and the resulting ability of supramolecular species to exchange their constituents. The same holds for molecular chemistry when the molecular entity contains covalent bonds that may form and break reversibility, so as to allow a continuous change in constitution by reorganization and exchange of building blocks. These features define a Constitutional Dynamic Chemistry (CDC) on both the molecular and supramolecular levels.CDC introduces a paradigm shift with respect to constitutionally static chemistry. The latter relies on design for the generation of a target entity, whereas CDC takes advantage of dynamic diversity to allow variation and selection. The implementation of selection in chemistry introduces a fundamental change in outlook. Whereas self-organization by design strives to achieve full control over the output molecular or supramolecular entity by explicit programming, self-organization with selection operates on dynamic constitutional diversity in response to either internal or external factors to achieve adaptation.The merging of the features: -information and programmability, -dynamics and reversibility, -constitution and structural diversity, points to the emergence of adaptive and evolutive chemistry, towards a chemistry of complex matter.

  10. What Was George Washington's Legacy to American Constitutionalism and Citizenship? We The People...The Citizen and the Constitution.

    Science.gov (United States)

    Center for Civic Education, Calabasas, CA.

    This supplementary lesson to the "We the People...The Citizen and the Constitution" lessons looks at the legacy of George Washington, an influential leader in the creation of the United States. Upon completion of this lesson students should be able to evaluate, take, and defend a position on the contributions of the "Father of His…

  11. Factors Dancers Associate with their Body Dissatisfaction.

    Science.gov (United States)

    Dantas, Ana García; Alonso, Diana Amado; Sánchez-Miguel, Pedro Antonio; Del Río Sánchez, Carmen

    2018-02-20

    Body dissatisfaction constitutes an important factor in the development of eating pathologies, particularly among dancers. The aim of this research was to test the factors that dancers identified as relevant to their body dissatisfaction using an exploratory mixed method design. Participants were 369 dancers from two Spanish dance conservatories. Questionnaires assessed body dissatisfaction, abnormal eating attitudes and behaviors, and risk factors to eating disorders in the dance domain. Nine factors were found; the "teacher", the "uniform", and the "mirrors" were the most common. Individuals with a greater likelihood of developing an eating disorder identified teacherś influence as a key factor in their body dissatisfaction. Specifically, ballet dancers were more likely to indicate that teachers were a negative influence compared to students in other dance genres (contemporary, flamenco, and Spanish dance). Programs to reduce negative body image and improve positive body image in dance conservatories are needed, specifically focusing on teachers. Copyright © 2018 Elsevier Ltd. All rights reserved.

  12. Impossible body.

    Science.gov (United States)

    Lusero, L

    1999-01-01

    SUMMARY This play tells the story of one woman coming to terms with her "poly" identity through a journey into the multiple layers of love, race, sex, appearance and Otherness. The one-woman show Impossible Body was first performed for a reading series sponsored by "Onstage" at the University of Colorado, Boulder, in February 1997. A revised version was developed and staged at the University of Puget Sound in Tacoma, Washington in April 1997. The current script, from which these excerpts are taken, was first presented at the Queer Studies Conference in Boulder, Colorado.

  13. Body counter

    International Nuclear Information System (INIS)

    Koeppe, P.

    1975-01-01

    The paper gives a survey on some applications of the whole body counter in clinical practice and a critical study of its application as a routine testing method. Remarks on the necessary precautions are followed by a more detailed discussion of the determination of the natural potassium content, the iron metabolism, the vitamin B12 test, investigations of the metabolism of the bone using 47 Ca and 85 Sr, investigations with iodine and iodine-labelled substances, clearance investigations (in particular the 51 Cr EDTA clearance test), as well as the possibilities of neutron activation in vivo. (ORU/AK) [de

  14. 15 years of constitutional review in the Supreme Court of Estonia : systematized extracts of constitutional review judgments and rulings of the Supreme Court en banc and the Constitutional Review Chamber in 1993-2008 / Riigikohus ; toim. ja eess.: Ge

    Index Scriptorium Estoniae

    2009-01-01

    Sisaldab ka: The outset of judicial constitutional review / Rait Maruste. Judicial constitutional review at the turn of the century / Uno Lõhmus. Judicial constitutional review through the eyes of Chancellor of Justice / Eerik-Juhan Truuväli. The courts and the Supreme Court in concrete norm control / Madis Ernits

  15. Hierarchical representation and utilization of plant constitution knowledge

    International Nuclear Information System (INIS)

    Nishizawa, Y.; Asami, K.

    1990-01-01

    A method to represent and utilize plant constitution knowledge is described. A plant system is divided into many subsystems and hierarchically represented using frames. The frames include the slots of an upper-system, lower-systems and components' connections. Connections are divided into subsystems external connections and internal connections. This knowledge representation allows top-down analysis of the plant constitution and components' connectivities. The data are edited by drawing plant diagrams on a CRT and converting them into frames. The frame data area verified by checking upper-lower relationships and components' connectivities. As an example of knowledge utilization a method to find a components' connection route is described. This method prevents the combinatorial explosion of components' connections by finding rough routes in advance of detailed route analysis

  16. Comparison of Sasang Constitutional Medicine, Traditional Chinese Medicine and Ayurveda

    Directory of Open Access Journals (Sweden)

    Jong Yeol Kim

    2011-01-01

    Full Text Available Sasang constitutional medicine (SCM, traditional Chinese medicine (TCM and Ayurveda are three different forms of Asian traditional medicine. Although these traditions share a lot in common as holistic medicines, the different philosophical foundations found in each confer distinguishing attributes and unique qualities. SCM is based on a constitution-based approach, and is in this way relatively more similar to the Ayurvedic tradition than to the TCM, although many of the basic SCM theories were originally derived from TCM, a syndrome-based medicine. SCM and TCM use the same botanical materials that are distributed mainly in the East Asian region, but the basic principles of usage and the underlying rationale are completely different from each other. Meanwhile, the principles of the Ayurvedic use of botanical resources are very similar to those seen in SCM, but the medicinal herbs used in Ayurveda generally originate from the West Asian region which displays a different spectrum of flora.

  17. Simulating sympathetic detonation using the hydrodynamic models and constitutive equations

    Energy Technology Data Exchange (ETDEWEB)

    Kim, Bo Hoon; Kim, Min Sung; Yoh, Jack J. [Dept. of Mechanical and Aerospace Engineering, Seoul National University, Seoul (Korea, Republic of); Sun, Tae Boo [Hanwha Corporation Defense Rand D Center, Daejeon (Korea, Republic of)

    2016-12-15

    A Sympathetic detonation (SD) is a detonation of an explosive charge by a nearby explosion. Most of times it is unintended while the impact of blast fragments or strong shock waves from the initiating donor explosive is the cause of SD. We investigate the SD of a cylindrical explosive charge (64 % RDX, 20 % Al, 16 % HTPB) contained in a steel casing. The constitutive relations for high explosive are obtained from a thermo-chemical code that provides the size effect data without the rate stick data typically used for building the rate law and equation of state. A full size SD test of eight pallet-packaged artillery shells is performed that provides the pressure data while the hydrodynamic model with proper constitutive relations for reactive materials and the fragmentation model for steel casing is conducted to replicate the experimental findings. The work presents a novel effort to accurately model and reproduce the sympathetic detonation event with a reduced experimental effort.

  18. Simulating sympathetic detonation using the hydrodynamic models and constitutive equations

    International Nuclear Information System (INIS)

    Kim, Bo Hoon; Kim, Min Sung; Yoh, Jack J.; Sun, Tae Boo

    2016-01-01

    A Sympathetic detonation (SD) is a detonation of an explosive charge by a nearby explosion. Most of times it is unintended while the impact of blast fragments or strong shock waves from the initiating donor explosive is the cause of SD. We investigate the SD of a cylindrical explosive charge (64 % RDX, 20 % Al, 16 % HTPB) contained in a steel casing. The constitutive relations for high explosive are obtained from a thermo-chemical code that provides the size effect data without the rate stick data typically used for building the rate law and equation of state. A full size SD test of eight pallet-packaged artillery shells is performed that provides the pressure data while the hydrodynamic model with proper constitutive relations for reactive materials and the fragmentation model for steel casing is conducted to replicate the experimental findings. The work presents a novel effort to accurately model and reproduce the sympathetic detonation event with a reduced experimental effort

  19. Right to life in constitution: An ecological view

    Directory of Open Access Journals (Sweden)

    Orlović Slobodan P.

    2014-01-01

    Full Text Available This work deals with the right to life from the specific ecological view. Actually, it is analysing the relationship between two human rights defined by the Constitution: the right to life and the right to healthy environment. Their relationship is very close and, specifically said, it is: obvious, conditional, permanent and growing. This could not bet concluded if the time of occurrence (Constitutional regulation of these rights is considered. The right to life is the oldest human right while the right to healthy environment belongs to new generation of human rights. However, if the contents of the right to life and the right to healthy environment are compared, it becomes clear that those two human rights are interwoven with each other. Development of states and change of life conditions of citizens will also change the content of right to life, by following ecological standards. This means that the interdependence of those two rights will be larger and more complex.

  20. Modified error in constitutive equations (MECE) approach for ultrasound elastography.

    Science.gov (United States)

    Ghosh, Susanta; Zou, Zilong; Babaniyi, Olalekan; Aquino, Wilkins; Diaz, Manuel I; Bayat, Mahdi; Fatemi, Mostafa

    2017-10-01

    A partial differential equation-constrained optimization approach is presented for reconstructing mechanical properties (e.g., elastic moduli). The proposed method is based on the minimization of an error in constitutive equations functional augmented with a least squares data misfit term referred to as MECE for "modified error in constitutive equations." The main theme of this paper is to demonstrate several key strengths of the proposed method on experimental data. In addition, some illustrative examples are provided where the proposed method is compared with a common shear wave elastography (SWE) approach. To this end, both synthetic data, generated with transient finite element simulations, as well as ultrasonically tracked displacement data from an acoustic radiation force (ARF) experiment are used in a standard elasticity phantom. The results indicate that the MECE approach can produce accurate shear modulus reconstructions with significantly less bias than SWE.

  1. Constitutional provisions on judicial independence and EU standards

    Directory of Open Access Journals (Sweden)

    Kolaković-Bojović Milica

    2016-01-01

    Full Text Available Implementation of the 'Checks and balances' principle as one of the milestones in modern democracies, demonstrates its full complexity when it comes to balancing guaranties of judicial independence and the need to prevent misinterpretation or abuse of the rights. Additional issue in that process is determination of the border line between constitutional and guaranties of judicial independence prescribed by law. Raising that issue opens various questions which go beyond the legal framework itself. It actually tackles the historical, political and cultural country background. Furthermore, if analyzed from the prospective of the requirements defined in the accession negotiation process with the EU, constitutional guaranties of (nonapplication of the EU standards might demotivate candidate countries in their efforts to achieve substantial reform results.

  2. Nuclear waste management and problems arising from constitutional law

    International Nuclear Information System (INIS)

    Rauschning, D.

    1983-01-01

    The author discusses the problems arising in the field of nuclear waste management on account of the constitutional law. Especially the difficulties emanating from the conflict between the provisions of section 9a of the Atomic Energy Act and the provisions of constitutional law are dealt with in detail, referring to the monography of H. Hofmann, 'legal aspects of nuclear waste management'. The author comes to the conclusion that the reqquirements laid down in section 9a-9c of the Atomic Energy Act are in agreement with the Basic law. There is, he says, no unreasonable risk for future generations, as the provisions of the nuclear law provide for sufficient safety of sites and equipment selected for the final storage of nuclear waste, ensuring that radioactive leakage is excluded over long periods of time. In the second part of his lecture, the author discusses the problem of competency and delegation of authority with regard to the reprocessing of radioactive waste. (BW) [de

  3. Recombinant vectors construction for cellobiohydrolase encoding gene constitutive expression

    Directory of Open Access Journals (Sweden)

    Leontina GURGU

    2012-12-01

    Full Text Available Cellobiohydrolases (EC 3.2.1.91 are important exo enzymes involved in cellulose hydrolysis alongside endoglucanases (EC 3.2.1.4 and β-glucosidases (EC 3.2.1.21. Heterologous cellobiohydrolase gene expression under constitutive promoter control using Saccharomyces cerevisiae as host system is of great importance for a successful SSF process. From this point of view, the main objective of the work was to use Yeplac181 expression vector as a recipient for cellobiohdrolase - cbhB encoding gene expression under the control of the actin promoter, in Saccharomyces cerevisiae. Two hybridvectors, YEplac-Actp and YEplac-Actp-CbhB, were generated usingEscherichia coli XLI Blue for the cloning experiments. Constitutive cbhB gene expression was checked by proteine gel electrophoresis (SDS-PAGE after insertion of these constructs into Saccharomyces cerevisiae.

  4. A thermomechanical crystal plasticity constitutive model for ultrasonic consolidation

    KAUST Repository

    Siddiq, Amir

    2012-01-01

    We present a micromechanics-based thermomechanical constitutive model to simulate the ultrasonic consolidation process. Model parameters are calibrated using an inverse modeling approach. A comparison of the simulated response and experimental results for uniaxial tests validate and verify the appropriateness of the proposed model. Moreover, simulation results of polycrystalline aluminum using the identified crystal plasticity based material parameters are compared qualitatively with the electron back scattering diffraction (EBSD) results reported in the literature. The validated constitutive model is then used to simulate the ultrasonic consolidation process at sub-micron scale where an effort is exerted to quantify the underlying micromechanisms involved during the ultrasonic consolidation process. © 2011 Elsevier B.V. All rights reserved.

  5. Constitutive and Operational Variation of Learning in Foraging Predatory Mites.

    Science.gov (United States)

    Seiter, Michael; Schausberger, Peter

    2016-01-01

    Learning is widely documented across animal taxa but studies stringently scrutinizing the causes of constitutive or operational variation of learning among populations and individuals are scarce. The ability to learn is genetically determined and subject to constitutive variation while the performance in learning depends on the immediate circumstances and is subject to operational variation. We assessed variation in learning ability and performance of plant-inhabiting predatory mites, Amblyseius swirskii, caused by population origin, rearing diet, and type of experience. Using an early learning foraging paradigm, we determined that homogeneous single prey environments did not select for reduced learning ability, as compared to natural prey-diverse environments, whereas a multi-generational pollen diet resulted in loss of learning, as compared to a diet of live prey. Associative learning produced stronger effects than non-associative learning but both types of experience produced persistent memory. Our study represents a key example of environmentally caused variation in learning ability and performance.

  6. Time-Delay Effects on Constitutive Gene Expression*

    International Nuclear Information System (INIS)

    Feng Yan-Ling; Wang Dan; Tang Xu-Lei; Dong Jian-Min

    2017-01-01

    The dynamics of constitutive gene expression with delayed mRNA degradation is investigated, where the intrinsic noise caused by the small number of reactant molecules is introduced. It is found that the oscillatory behavior claimed in previous investigations does not appear in the approximation of small time delay, and the steady state distribution still follows the Poisson law. Furthermore, we introduce the extrinsic noise induced by surrounding environment to explore the effects of this noise and time delay on the Fano factor. Based on a delay Langevin equation and the corresponding Fokker–Planck equation, the distribution of mRNA copy-number is achieved analytically. The time delay and extrinsic noise play similar roles in the gene expression system, that is, they are able to result in the deviation of the Fano factor from 1 evidently. The measured Fano factor for constitutive gene expression is slightly larger than 1, which is perhaps attributed to the time-delay effect. (paper)

  7. Strategic Approach to the Globalization of Sasang Constitutional Medicine

    Science.gov (United States)

    Lee, Myeong Soo

    2011-01-01

    The workshop on “Strategic Approach to the Globalization of Sasang Constitutional Medicine (SCM)” was held in the Korea Institute of Oriental Medicine (KIOM) on September 18, 2009. This workshop was designed to discuss and brainstorm the strategic approach to the globalization of SCM, one of the unique systems in Korean Traditional Medicine, with three topics and an extensive panel discussion. Professor Edwin Cooper, Editor-in-Chief of eCAM, gave a commemorative lecture for publication of the second supplement of eCAM entitled “Sasang Constitutional Medicine as a Holistic Tailored Medicine”. The other two presenters suggested some practical methods for globalization of SCM on the basis of their experiences. After the three main presentations, there was a panel discussion session for further development of workshop topics, extended by five other external experts. They discussed the benefits, limitations and essentials for globalization of Korean Traditional Medicine, specifically SCM, from bench to bedside. PMID:19939952

  8. Tensor function approach to constitutive equations of inelasticity

    International Nuclear Information System (INIS)

    Murakami, S.

    1979-01-01

    Though various theories for elaborated engineering constitutive models have been proposed so far to improve the description of inelastic response of engineering materials, most of them have been formulated within the framework of the classical theories of plasticity and creep. In these cases, the expressions of flow potentials and hardening rules are usually modified a priori by adding some additional terms, and the related material constants are determined by experiments. The difficulties of such approaches consist in the lack of generality and pertinence, besides that they are considerably laborious. In the field of non-linear continuum mechanics, on the other hand, there has been a continuos development of more powerful approaches which are applicable to these problems. It is the aim of the present paper to show the utility of the tensor function approach to the development of the non-classical constitutive equations of inelasticity and to elucidate the practical procedures and some new results of it. (orig.)

  9. Survey on development status of inelastic constitutive equations

    International Nuclear Information System (INIS)

    Takahashi, Yukio

    1988-01-01

    For the purpose of establishment of inelastic constitutive equations appropriate for the structural design of fast reactors, the current status on the development of constitutive equations of metallic materials is surveyed. At first, a number of unified models are surveyed and compared with each other. It is shown that many of them have a common fundamental structure. The problems to be resolved for the application to stainless steels, which are principal structural material in fast reactors, are pointed out. From the practical viewpoint, a survey is also made on both the experimental stdies and the theoretical modellings of multiaxial stress effect and temperature change effect. As for the multiaxial problems, some of the proposed theories can represent the actual behavior fairly well although more simplification is desiable. Much study is still needed for the establishment of appropriate methods to take into account of the effect of temperature change on the inelastic deformation behavior. (author)

  10. Crucial dimensions constituting dignity experience in persons living with dementia.

    Science.gov (United States)

    Tranvåg, Oscar; Petersen, Karin Anna; Nåden, Dagfinn

    2016-07-01

    Dignity is seen as an essential need, fundamental right, and inherent quality of each human being. There is however, a need for increased knowledge on crucial dimensions constituting dignity experience in persons living with dementia. This study explored personal dimensions of life which persons with dementia perceived crucial for experiencing dignity in their daily lives. Based on the findings of eight empirical sub-dimensions, three main dimensions crucial for constituting dignity experience, were identified through hermeneutical interpretation: A historical dignity-dimension, acknowledging one's own life-projects and life-history; an intrapersonal dignity-dimension, recognizing one's own human worth, and living according to internal values; and an interpersonal dignity-dimension, experiencing being part of a caring and confirming communion. Knowledge of dignity preservation should be a crucial foundation for future dementia care. © The Author(s) 2014.

  11. A constitutive model with damage for high temperature superalloys

    Science.gov (United States)

    Sherwood, J. A.; Stouffer, D. C.

    1988-01-01

    A unified constitutive model is searched for that is applicable for high temperature superalloys used in modern gas turbines. Two unified inelastic state variable constitutive models were evaluated for use with the damage parameter proposed by Kachanov. The first is a model (Bodner, Partom) in which hardening is modeled through the use of a single state variable that is similar to drag stress. The other (Ramaswamy) employs both a drag stress and back stress. The extension was successful for predicting the tensile, creep, fatigue, torsional and nonproportional response of Rene' 80 at several temperatures. In both formulations, a cumulative damage parameter is introduced to model the changes in material properties due to the formation of microcracks and microvoids that ultimately produce a macroscopic crack. A back stress/drag stress/damage model was evaluated for Rene' 95 at 1200 F and is shown to predict the tensile, creep, and cyclic loading responses reasonably well.

  12. Constitutive and Operational Variation of Learning in Foraging Predatory Mites

    Science.gov (United States)

    Seiter, Michael

    2016-01-01

    Learning is widely documented across animal taxa but studies stringently scrutinizing the causes of constitutive or operational variation of learning among populations and individuals are scarce. The ability to learn is genetically determined and subject to constitutive variation while the performance in learning depends on the immediate circumstances and is subject to operational variation. We assessed variation in learning ability and performance of plant-inhabiting predatory mites, Amblyseius swirskii, caused by population origin, rearing diet, and type of experience. Using an early learning foraging paradigm, we determined that homogeneous single prey environments did not select for reduced learning ability, as compared to natural prey-diverse environments, whereas a multi-generational pollen diet resulted in loss of learning, as compared to a diet of live prey. Associative learning produced stronger effects than non-associative learning but both types of experience produced persistent memory. Our study represents a key example of environmentally caused variation in learning ability and performance. PMID:27814380

  13. Body size perception and body satisfaction in restrained and unrestrained eaters.

    Science.gov (United States)

    Lautenbacher, S; Thomas, A; Roscher, S; Strian, F; Pirke, K M; Krieg, J C

    1992-05-01

    In 21 restrained and 20 unrestrained eaters body size perception was measured using the video distortion technique (VDT), the image marking procedure (IMP) and the kinesthetic size estimating apparatus (KSEA). Body satisfaction was assessed by questionnaires (Body Shape Questionnaire, Dieting scale of the Eating Attitudes Test). Restrained eaters showed no systematic over- or underestimation of the body size but less perceptual accuracy (in VDT and KSEA). Furthermore, they were clearly more dissatisfied with their bodies than unrestrained eaters. Both findings were unrelated to each other. In both groups depressive mood or thoughts seemed to be associated with body dissatisfaction but not with body size misperception. Objective body measures (body mass index, body fat content) were not related to either body size perception or body satisfaction. The findings suggest that a perceptual uncertainty in regard to body size (either for visual or for somatosensory aspects) has already developed in restrained eaters, which may constitute a predisposition for more overt forms of body size misperception as found in eating disorder patients.

  14. Helix 11 Dynamics is Critical for Constitutive Androstane Receptor Activity

    OpenAIRE

    Wright, Edward; Busby, Scott A.; Wisecarver, Sarah; Vincent, Jeremy; Griffin, Patrick R.; Fernandez, Elias J.

    2011-01-01

    The constitutive androstane receptor (CAR) transactivation can occur in the absence of exogenous ligand and this activity is enhanced by agonists TCPOBOP and meclizine. We use biophysical and cell-based assays to show that increased activity of CAR(TCPOBOP) relative to CAR(meclizine) corresponds to a higher affinity of CAR(TCPOBOP) for the steroid receptor coactivator-1. Additionally, steady-state fluorescence spectra suggest conformational differences between CAR(TCPOBOP):RXR and CAR(meclizi...

  15. Mechanical characterization and constitutive modeling of Mg alloy sheets

    International Nuclear Information System (INIS)

    Mekonen, M. Nebebe; Steglich, D.; Bohlen, J.; Letzig, D.; Mosler, J.

    2012-01-01

    Highlights: ► Material characterization of the Mg alloys AZ31 and ZE10 at elevated temperatures. ► Distortion of the yield locus does not depend on the strain rate. ► Novel constitutive model suitable for the analysis of sheet forming of magnesium. ► Strain-dependent r-values are included within the model. ► The model is thermodynamically consistent and accounts for distortional hardening. - Abstract: In this paper, an experimental mechanical characterization of the magnesium alloys ZE10 and AZ31 is performed and a suitable constitutive model is established. The mechanical characterization is based on uniaxial tensile tests. In order to avoid poor formability at room temperature, the tests were conducted at elevated temperature (200 °C). The uniaxial tensile tests reveal sufficient ductility allowing sheet forming processes at this temperature. The differences in yield stresses and plastic strain ratios (r-values) confirm the anisotropic response of the materials under study. The constitutive model is established so that the characteristic mechanical features observed in magnesium alloys such as anisotropy and compression-tension asymmetry can be accommodated. This model is thermodynamically consistent, incorporates rate effect, is formulated based on finite strain plasticity theory and is applicable in sheet forming simulations of magnesium alloys. More precisely, a model originally proposed by Cazacu and Barlat in 2004 and later modified to account for the evolution of the material anisotropy is rewritten in a thermodynamically consistent framework. The calibrated constitutive model is shown to capture the characteristic mechanical features observed in magnesium alloy sheets.

  16. Human Dignity – Constitutional Principle of Fundamental Human Rights

    Directory of Open Access Journals (Sweden)

    Lucian Pop

    2011-07-01

    Full Text Available As a constitutional principle of the human rights, the human dignity is a supreme value, a norm and a right, thus that the reconfiguration of protection standards of fundamental human rights is made by cohesion of the legal, social and moral dimensions of human dignity. With this article, the author argues that legal meaning, social meaning and moral meaning of human dignity, are centerpiece of protection of freedom under law.

  17. Constitutive Model Calibration via Autonomous Multiaxial Experimentation (Postprint)

    Science.gov (United States)

    2016-09-17

    The program handles material nonlinearity and implements the material routines through Abaqus/ Standard [9] user material subroutines ( UMAT ) that are...Material models for elastic and linear isotropic hardening are also included. A UMAT has been written for a unified plasticity model with combined... viscoplasticity constitutive theories. Int. J. Plast. 24(10), 1642–1693 (2008) 9. Dassault Systemes: ABAQUS User’s Manual, Version 6.13. Dassault Systemes Inc

  18. Can the EU’s constitutional framework accommodate democratic politics?

    Directory of Open Access Journals (Sweden)

    Scicluna Nicole

    2017-11-01

    Full Text Available The robustness of the EU’s constitutional framework – and its ability to accommodate democratic politics – is challenged as never before. The growing disconnect between formally democratic procedures and substantive choice is well illustrated by the Greek crisis. Since its first bailout in May 2010, Greece has held four general elections and a referendum. Yet, the anti-austerity preferences of the Greek electorate have not been effectively translated into policy.

  19. Brazilian Bullfight in Light of the Federal Constitution

    OpenAIRE

    Heron José de Santana Gordilho; Francisco José Garcia Figueiredo

    2016-01-01

    This article uses the modern technique of constitutional interpretation, since conflicts like this can not be solved with the use of traditional legal interpretation, which is developed through the subsonic method of the rules to the concrete case. It is that the fundamental rights have the same normative characteristics of the principles, and they harbor in their bulge equally important opposing values. In such cases, the interpreter must have a creative role and, by means of the value-weigh...

  20. Constitutive modeling of coronary artery bypass graft with incorporated torsion

    Czech Academy of Sciences Publication Activity Database

    Horný, L.; Chlup, Hynek; Žitný, R.; Adámek, T.

    2009-01-01

    Roč. 49, č. 2 (2009), s. 273-277 ISSN 0543-5846 R&D Projects: GA ČR(CZ) GA106/08/0557 Institutional research plan: CEZ:AV0Z20760514 Keywords : coronary artery bypass graft * constitutive model * digital image correlation Subject RIV: BJ - Thermodynamics Impact factor: 0.439, year: 2009 http://web.tuke.sk/sjf-kamam/mmams2009/contents.pdf

  1. An anisotropic elastoplastic constitutive formulation generalised for orthotropic materials

    Science.gov (United States)

    Mohd Nor, M. K.; Ma'at, N.; Ho, C. S.

    2018-03-01

    This paper presents a finite strain constitutive model to predict a complex elastoplastic deformation behaviour that involves very high pressures and shockwaves in orthotropic materials using an anisotropic Hill's yield criterion by means of the evolving structural tensors. The yield surface of this hyperelastic-plastic constitutive model is aligned uniquely within the principal stress space due to the combination of Mandel stress tensor and a new generalised orthotropic pressure. The formulation is developed in the isoclinic configuration and allows for a unique treatment for elastic and plastic orthotropy. An isotropic hardening is adopted to define the evolution of plastic orthotropy. The important feature of the proposed hyperelastic-plastic constitutive model is the introduction of anisotropic effect in the Mie-Gruneisen equation of state (EOS). The formulation is further combined with Grady spall failure model to predict spall failure in the materials. The proposed constitutive model is implemented as a new material model in the Lawrence Livermore National Laboratory (LLNL)-DYNA3D code of UTHM's version, named Material Type 92 (Mat92). The combination of the proposed stress tensor decomposition and the Mie-Gruneisen EOS requires some modifications in the code to reflect the formulation of the generalised orthotropic pressure. The validation approach is also presented in this paper for guidance purpose. The \\varvec{ψ} tensor used to define the alignment of the adopted yield surface is first validated. This is continued with an internal validation related to elastic isotropic, elastic orthotropic and elastic-plastic orthotropic of the proposed formulation before a comparison against range of plate impact test data at 234, 450 and {895 ms}^{-1} impact velocities is performed. A good agreement is obtained in each test.

  2. “Bread and Roses”: Economic Justice and Constitutional Rights

    Directory of Open Access Journals (Sweden)

    Colleen Sheppard

    2015-03-01

    Full Text Available Socio-economic inequality and poverty constitute critical human rights challenges in an increasingly globalized world. Not only do they result in material inequities that affect everyday life; they also undermine psychological and social wellbeing. In this article, issues of economic injustice and social exclusion are examined through the lens of constitutional rights. It explores three different dimensions of the nexus between economic justice and constitutionalism, including: (i the role of law in creating socio- economic inequality and poverty; (ii the extent to which economic justice is addressed at the interstices of civil and political rights and freedoms; and (iii the potential for the concept of social inclusion to assist in the reimagining of constitutional law and economic justice. La desigualdad socioeconómica y la pobreza constituyen desafíos críticos a los derechos humanos en un mundo cada vez más globalizado. No sólo dan lugar a desigualdades materiales que afectan a la vida cotidiana, sino que también socavan el bienestar psicológico y social. En este artículo se analizan los problemas de la injusticia económica y la exclusión social a través del prisma de los derechos constitucionales. Se exploran tres dimensiones diferentes del nexo entre justicia económica y constitucionalismo, incluyendo: (i el papel del derecho en la creación de desigualdad socioeconómica y pobreza; (ii el grado en que la justicia económica se aborda en los intersticios de los derechos y libertades civiles y políticos; y (iii el potencial del concepto de inclusión social para ayudar en la reinvención de la ley constitucional y la justicia económica. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2571246

  3. Thermomechanical constitutive modeling of polyurethane-series shape memory polymer

    Energy Technology Data Exchange (ETDEWEB)

    Tobushi, H.; Ito, N.; Takata, K. [Aichi Inst. of Technol., Nagoya (Japan). Dept. of Mech. Eng.; Hayashi, S. [Nagoya Research and Development Center, Mitsubishi Heavy Industries, Ltd., Nagoya (Japan)

    2000-07-01

    In order to describe the thermomechanical properties in shape memory polymer of polyurethane series, a thermomechanical constitutive model was developed. In order to describe the variation in mechanical properties due to the glass transition, coefficients in the model were expressed by a single exponential function of temperature. The proposed theory expressed well the thermomechanical properties of the material, such as shape fixity and shape recovery. (orig.)

  4. The constitutional right subject: Beyond an analytical program

    OpenAIRE

    Caridad Rosa Jiménez-Morales; Danelia Cutié-Mustelier

    2017-01-01

    Since the Cuban higher education must ensure the comprehensive training of students, with a strong scientific-technical, humanistic and high ideological values, political, ethical and aesthetic training, in order to achieve professional revolutionaries educated, competent independent and creators, so that they can perform successfully in the various sectors of the economy and society in general. The contribution of a group of teachers who have taught or teach the subject of Constitutional Law...

  5. Subacromial bursitis with rice bodies. Finding in magnetic resonance

    International Nuclear Information System (INIS)

    Miguel Campos, E. de; Hernandez Moreno, L.; Lafuente Martinez, J.; Godoy Lopez, M.A.; Ruiz Noguero, P.

    1994-01-01

    We present a case of subacromial bursitis associated with intraarticular loose bodies, constituted by accumulations of fibrin referred to as rice bodies, in a woman with seronegative rheumatoid arthritis. We demonstrate the clinical and imaging features of this disorder, especially stressing the magnetic resonance (MR) findings. The literature is reviewed. (Author) 14 refs

  6. On the Physical Constitution of the Sun — Part I

    Directory of Open Access Journals (Sweden)

    Faye H.

    2011-07-01

    Full Text Available Patrice Robitaille (TAV College, Montreal, Canada provides a translation of Herv ́ e August Etienne Albans Faye’s classic report Sur la constitution physique du soleil , as it appeared in February 1865 within Les Mondes ,1865, v.7, 293–306. Herv ́ e Faye (Oc- tober 1, 1814 – July 4, 1902 led a distinguished life, both in science and public ser- vice. He was widely regarded as one of the premier astronomers of his day. He had studied under the great Franc ̧ois Arago. In 1843, he became a Chevalier de la Legion d’Honneur and, in 1877, served as the French Minister of Education (Catholic Ency- clopedia, 1913. Faye’s report On the Physical Constitution of the Sun was a crucial milestone in the history of astronomy. It was through this paper, that the Sun became viewed as devoid of a distinct surface. The work was also interesting as it presented Faye’s early conception of the gaseous Sun. In addition, through its submission, Faye had sought the approbation of Father Secchi relative to claims of simultaneous discov- ery (see P.M.Robitaille. A Thermodynamic History of the Solar Constitution — I: The Journey to a Gaseous Sun. Progr. Phys. , 2011, v.3, 3–25. Faye’s work would continue to impact solar physics until the 1920s.

  7. Development of Cultural Construction and Constitutional Revolution in Iran

    Directory of Open Access Journals (Sweden)

    Bijan Rabiee

    2017-10-01

    Full Text Available The subject of this article is the development of the cultural construction and the emergence of the Constitutional Revolution in Iran. This study, by examining the cultural structure of the Qajar era of the Naser-al-Din Shah period wants to investigate the cause of the Constitutional Revolution. The findings of this research, which have been collected by historical-analytical method, indicate that the pattern of development in the Qajar era is consistent with the pattern of unbalanced development. In this sense, by starting educational, political and military reforms in the Qajar era specially Nasser-al-Din Shah, gradually the cultural structure apart from the traditional political structure. This development provided the basis for the emergence of new intellectuals and elites with new political ideas in the field of governance methods. However, the attenuation of political structure and the backwardness of political development from cultural development faced with some obstacles. Political system instead of creating a development along with gradual cultural development and consolidating its position through the persuasion of the community, in fact to maintain integrity in the social system was resorted to force and preferred force and compulsion to persuasion. The kind of reaction and opposition of the political power structure against the modern intellectual movement, which contained new political demands in the area of governance and freedom, led to the weakness and, finally, the collapse of the Qajar political system and the constitutional revolution.

  8. Slag Behavior in Gasifiers. Part II: Constitutive Modeling of Slag

    Directory of Open Access Journals (Sweden)

    Mehrdad Massoudi

    2013-02-01

    Full Text Available The viscosity of slag and the thermal conductivity of ash deposits are among two of the most important constitutive parameters that need to be studied. The accurate formulation or representations of the (transport properties of coal present a special challenge of modeling efforts in computational fluid dynamics applications. Studies have indicated that slag viscosity must be within a certain range of temperatures for tapping and the membrane wall to be accessible, for example, between 1,300 °C and 1,500 °C, the viscosity is approximately 25 Pa·s. As the operating temperature decreases, the slag cools and solid crystals begin to form. Since slag behaves as a non-linear fluid, we discuss the constitutive modeling of slag and the important parameters that must be studied. We propose a new constitutive model, where the stress tensor not only has a yield stress part, but it also has a viscous part with a shear rate dependency of the viscosity, along with temperature and concentration dependency, while allowing for the possibility of the normal stress effects. In Part I, we reviewed, identify and discuss the key coal ash properties and the operating conditions impacting slag behavior.

  9. Constitutional trisomy 8 and Behçet syndrome.

    Science.gov (United States)

    Becker, Kristin; Fitzgerald, Oliver; Green, Andrew J; Keogan, Mary; Newbury-Ecob, Ruth; Greenhalgh, Lynn; Withers, Stephen; Hollox, Edward J; Aldred, Patricia M R; Armour, John A L

    2009-05-01

    The characteristic clinical features of constitutional trisomy 8 include varying degrees of developmental delay, joint contractures and deep palmar and plantar creases. There is an established literature, which describes features of Behçet syndrome occurring in phenotypically normal individuals with myelodysplastic syndromes and trisomy 8 in their bone marrow. In this article, we describe four patients with constitutional trisomy 8, all with varying clinical phenotypes, who developed features of Behçet, in particular but not exclusively mucocutaneous ulceration. In addition, we examined gene copy numbers of the variable-number neutrophil defensin genes DEFA1A3 in one of the cases (case 1) and her parents, together with 14 cases of Behçet syndrome in comparison with 121 normal controls. The gene copy number was highest in case 1 (copy number 14) and was also increased in her parents (both copy number 9). However the mean copy number for DEFA1A3 among the 14 Behçet syndrome patients was actually lower (5.1) than among the controls (mean of 6.8 copies). Thus, we conclude that patients with constitutional trisomy 8 and those with trisomy 8 confined to the bone marrow are both at increased risk of developing features of Behçet syndrome. The mechanism may relate to increased chromosome 8 gene dosage with further analysis of candidate genes on chromosome 8 required.

  10. Slag Behavior in Gasifiers. Part II: Constitutive Modeling of Slag

    Energy Technology Data Exchange (ETDEWEB)

    Massoudi, Mehrdad [National Energy Technology Laboratory; Wang, Ping

    2013-02-07

    The viscosity of slag and the thermal conductivity of ash deposits are among two of the most important constitutive parameters that need to be studied. The accurate formulation or representations of the (transport) properties of coal present a special challenge of modeling efforts in computational fluid dynamics applications. Studies have indicated that slag viscosity must be within a certain range of temperatures for tapping and the membrane wall to be accessible, for example, between 1,300 °C and 1,500 °C, the viscosity is approximately 25 Pa·s. As the operating temperature decreases, the slag cools and solid crystals begin to form. Since slag behaves as a non-linear fluid, we discuss the constitutive modeling of slag and the important parameters that must be studied. We propose a new constitutive model, where the stress tensor not only has a yield stress part, but it also has a viscous part with a shear rate dependency of the viscosity, along with temperature and concentration dependency, while allowing for the possibility of the normal stress effects. In Part I, we reviewed, identify and discuss the key coal ash properties and the operating conditions impacting slag behavior.

  11. A geometric rationale for invariance, covariance and constitutive relations

    Science.gov (United States)

    Romano, Giovanni; Barretta, Raffaele; Diaco, Marina

    2018-01-01

    There are, in each branch of science, statements which, expressed in ambiguous or even incorrect but seemingly friendly manner, were repeated for a long time and eventually became diffusely accepted. Objectivity of physical fields and of their time rates and frame indifference of constitutive relations are among such notions. A geometric reflection on the description of frame changes as spacetime automorphisms, on induced push-pull transformations and on proper physico-mathematical definitions of material, spatial and spacetime tensor fields and of their time-derivatives along the motion, is here carried out with the aim of pointing out essential notions and of unveiling false claims. Theoretical and computational aspects of nonlinear continuum mechanics, and especially those pertaining to constitutive relations, involving material fields and their time rates, gain decisive conceptual and operative improvement from a proper geometric treatment. Outcomes of the geometric analysis are frame covariance of spacetime velocity, material stretching and material spin. A univocal and frame-covariant tool for evaluation of time rates of material fields is provided by the Lie derivative along the motion. The postulate of frame covariance of material fields is assessed to be a natural physical requirement which cannot interfere with the formulation of constitutive laws, with claims of the contrary stemming from an improper imposition of equality in place of equivalence.

  12. FATAL FOETAL ABNORMALITY, IRISH CONSTITUTIONAL LAW, AND MELLET v IRELAND.

    Science.gov (United States)

    de Londras, Fiona

    2016-12-27

    Under the Irish Constitution abortion is allowed only where the life of the pregnant woman is at risk. The provision in question, Article 40.3.3 (or the 8th Amendment) has long been criticised for failing to respect women's autonomy, and in Mellet v Ireland, the UN Human Rights Committee found that Amanda Jane Mellet, who travelled to Liverpool to access abortion following a finding that her foetus suffered a fatal abnormality, had suffered a violation of her rights under the International Covenant on Civil and Political Rights (ICCPR). In this commentary I demonstrate the value of Mellet when compared to the possible legal findings in such circumstances under both the Constitution and the European Convention on Human Rights, and argue that the findings are not restricted to cases of fatal foetal abnormality. Rather, the Committee's decision illustrates the suffering that all women in Ireland who travel to access abortion experience, arguably constituting a violation of their right to be free from cruel, inhuman, and degrading treatment. On that reading, Mellet signifies the need to implement a comprehensive rethink of Irish abortion law including, but going beyond, access to abortion in cases of fatal foetal abnormality. © The Author 2016. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  13. Foreign Body Retrieval

    Medline Plus

    Full Text Available ... Physician Resources Professions Site Index A-Z Foreign Body Retrieval Foreign body retrieval is the removal of ... foreign body detection and removal? What is Foreign Body Retrieval? Foreign body retrieval involves the removal of ...

  14. Constitutive relationships of prestressed steel fiber concrete membrane elements

    Science.gov (United States)

    Hoffman, Norman S.

    Steel Fiber Concrete (SFC) displays certain tensile and shear characteristics which are beneficial for concrete that is loaded in a state of shear stress. For example, prestressed bridge beams carry shear load in their web by utilizing shear stirrups. If the properties of SFC can be better understood, then it may be possible to replace the shear stirrups with SFC. The first step in understanding this behavior is to develop a constitutive model for prestressed SFC. Two groups of full-scale prestressed steel fiber concrete (SFC) panels, with a nominal strength of 6 ksi, were tested in the Universal Element Testing machine at Thomas TC Hsu Structural Testing Laboratory to establish the effect of fiber and the level of prestress on the constitutive laws of fiber concrete and prestressing tendon. The specimens contained from 5 to 20 fully tensioned, low-relaxation grade 270 tendons. Fiber content ranged from 0.5% to 1.5% using high performance hooked end fibers. The first group of five panels, designated Group TEF, was used to determine the basic constitutive properties of prestressed SEC for use in the Softened Membrane Model (SMM). The constitutive model consists of smeared tensile and compressive stress strain relationships. An equation for softening with respect of both fiber content and tensile strain is presented. Also presented is a new equation for prestressed SFC in tension. It is notable that the behavior of prestressed SFC in tension displayed significant post-cracking tensile strength for fiber contents ranging from 0.5% to 1.5% by volume. Prior research on SFC using unreinforced dog-bone specimens, or prismatic specimens reinforced with only a single isolated tendon, are not capable of capturing SFC behavior afforded by the stress state, multiple load paths, and confinement situation available in full-scale panel assemblies. The second set of 5 test panels, designated Group TAF, was used to examine the properties of prestressed SFC under the conditions of

  15. VICE PRESIDENT TASKS AND AUTHORITIES IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA UNDER 1945 CONSTITUTION

    Directory of Open Access Journals (Sweden)

    Melan Yusuf Nomleni

    2017-02-01

    Full Text Available The amendment of Constitution has not met the the life of the nation’s demand, one of which is the  of the tasks and authorities of the Vice President. This sparks multiple interpretations on the role and its legal implications toward the responsibility over the Vice President tasks and. The results show several reasons underlying obscurity of the tasks and authorities regulation of the Indonesian Vice President stated in 1945 Constitution, among which is the Indonesian governance. The obscure regulation of the Vice President tasks and authorities affects on his/her responsibility. Hence, the clear regulation related to the tasks and authorities of the Vice President as President Assistant in performing state governance is required. Keywords : Regulation, Vice President, Authorities

  16. The State of Progressive Constitutional Theory: The Paradox of Constitutional Democracy and the Project of Political Justification

    OpenAIRE

    Sultany, Nimer

    2012-01-01

    Every time the Supreme Court strikes down a law enacted by Congress or a state legislature the age-old debate over the “counter-majoritarian difficulty” resurfaces. Theories of judicial review, new and old, are offered to answer this tension between constitutionalism and democracy. But what explains the persis- tence and contestability of this difficulty? Why has the existing wealth of schol- arship failed to resolve this difficulty? In this Article, I address such questions while contextuali...

  17. Genome-Wide DNA Methylation Profiles of Phlegm-Dampness Constitution

    Directory of Open Access Journals (Sweden)

    Haiqiang Yao

    2018-03-01

    Full Text Available Background/Aims: Metabolic diseases are leading health concerns in today’s global society. In traditional Chinese medicine (TCM, one body type studied is the phlegm-dampness constitution (PC, which predisposes individuals to complex metabolic disorders. Genomic studies have revealed the potential metabolic disorders and the molecular features of PC. The role of epigenetics in the regulation of PC, however, is unknown. Methods: We analyzed a genome-wide DNA methylation in 12 volunteers using Illumina Infinium Human Methylation450 BeadChip on peripheral blood mononuclear cells (PBMCs. Eight volunteers had PC and 4 had balanced constitutions. Results: Methylation data indicated a genome-scale hyper-methylation pattern in PC. We located 288 differentially methylated probes (DMPs. A total of 256 genes were mapped, and some of these were metabolic-related. SQSTM1, DLGAP2 and DAB1 indicated diabetes mellitus; HOXC4 and SMPD3, obesity; and GRWD1 and ATP10A, insulin resistance. According to Ingenuity Pathway Analysis (IPA, differentially methylated genes were abundant in multiple metabolic pathways. Conclusion: Our results suggest the potential risk for metabolic disorders in individuals with PC. We also explain the clinical characteristics of PC with DNA methylation features.

  18. Measures of the constitutive immune system are linked to diet and roosting habits of neotropical bats.

    Directory of Open Access Journals (Sweden)

    Karin Schneeberger

    Full Text Available Ecological and social factors are central in the emergence and transmission of infectious diseases, thus bearing the potential for shaping a species' immune functions. Although previous studies demonstrated a link between social factors and the cellular immune system for captive mammals, it is yet poorly understood how ecological factors are connected with the different branches of the immune system in wild populations. Here, we tested how variation in aspects of the constitutive cellular and humoral immune system of free ranging bats is associated with two ecological factors that likely influence the putative risk of species to become infected by parasites and pathogens: diet and shelter. We found that white blood cell counts of 24 syntopic Neotropical bat species varied with the species' diet and body mass. Bats that included at least partially vertebrates in their diet exhibited the highest white blood cell counts, followed by phytophagous and insectivorous species, which is in agreement with the assumption that the immune system varies with the pathogen transmission risk of a trophic level. The soluble part of the constitutive immune response, assessed by an in vitro bacterial killing assay, decreased with increasing roost permanence. Our results suggest that the ecology is an important factor in the evolution of the immune system in bats and probably also other mammals.

  19. The Jefferson Meeting on the Constitution: The Constitution in the Classroom. A Teacher's Guide to Using the Jefferson Meeting as an Educational Tool.

    Science.gov (United States)

    Jefferson Foundation, Washington, DC.

    Since its founding in 1983 The Jefferson Foundation has engaged increasing numbers of Americans in study and discussion of the U.S. Constitution. Through participation in Jefferson Meetings on the Constitution, citizens will come to a fuller understanding of how the Constitution was made, why it designed the national government the way it did, and…

  20. Energy metabolism and whole-exome sequencing-based analysis of Sasang constitution: a pilot study.

    Science.gov (United States)

    Kim, Hyoung Kyu; Lee, Heetak; So, Ji Ho; Jeong, Seung Hun; Seo, Dae Yun; Kim, Jong-Yeol; Kim, Sanguk; Han, Jin

    2017-06-01

    Traditional Korean Sasang constitutional (SC) medicine categorizes individuals into four constitutional types [Tae-eum (TE), So-eum (SE), Tae-yang (TY), or So-yang (SY)] based on biological and physiological characteristics. As these characteristics are closely related to the bioenergetics of the human body, we assessed the correlation between SC type and energy metabolism features. Forty healthy, young (22.3 ± 1.4 years) males volunteered to participate in this study. Participants answered an SC questionnaire, and their face shape, voice tone, and body shape were assessed using an SC analysis tool. Thirty-one participants (10 TE, 10 SE, 3 TY, and 8 SY) were selected for further analysis. Collected blood samples were subjected to blood composition analysis, mitochondrial function analysis, and whole-exome sequencing. The SY type showed significantly lower total cholesterol and high-density lipoprotein cholesterol levels than the SE type. Cellular and mitochondrial Adenosine triphosphate (ATP) levels were similar across types. All types showed similar basal mitochondrial oxygen consumption rates, whereas the TE type showed a significantly lower ATP-linked oxygen consumption rate than the other types. Whole-exome sequencing identified several genes variants that were exclusively detected in particular SC types, including 19 for SE, seven for SY, 11 for TE, and six for TY. SC type-specific differences in mitochondrial function and gene mutations were detected in a small group of healthy, young Korean males. These results are expected to greatly improve the accurate screening and utilization of SC medicine.