WorldWideScience

Sample records for constitution and bylaws

  1. League Constitution and Bylaws for Girls' Interscholastic Programs (Suggested Guide).

    Science.gov (United States)

    Turner, Mary Ann

    This guide was developed to assist with the problems of organization and administration of girls' interscholastic sports programs. Guidelines are presented for the following: (a) a statement of basic principles, (b) a constitution, (c) league bylaws, (d) operating codes, (e) conduct of contests, (f) archery, (g) badminton, (h) basketball, (i)…

  2. Adoption and diffusion of zoning bylaws banning fast food drive-through services across Canadian municipalities.

    Science.gov (United States)

    Nykiforuk, Candace I J; Campbell, Elizabeth J; Macridis, Soultana; McKennitt, Daniel; Atkey, Kayla; Raine, Kim D

    2018-01-15

    Healthy public policy is an important tool for creating environments that support human health and wellbeing. At the local level, municipal policies, such as zoning bylaws, provide an opportunity for governments to regulate building location and the type of services offered. Across North America, there has been a recent proliferation of municipal bylaws banning fast food drive-through services. Research on the utilization of this policy strategy, including bylaw adopters and adopter characteristics, is limited within the Canadian context. The aim of this study was to identify and characterize Canadian municipalities based on level of policy innovation and nature of their adopted bylaw banning fast food drive-through services. A multiple case history methodology was utilized to identify and analyse eligible municipal bylaws, and included development of a chronological timeline and map of adopter municipalities within Canada. Grey literature and policy databases were searched for potential adopters of municipal fast food drive-through service bylaws. Adopters were confirmed through evidence of current municipal bylaws. Geographic diffusion and diffusion of innovations theories provided a contextual framework for analysis of bylaw documents. Analysis included assignment of adopter-types, extent and purpose of bans, and policy learning activities of each adopter municipality. From 2002 to 2016, 27 municipalities were identified as adopters: six innovators and twenty-one early adopters. Mapping revealed parallel geographic diffusion patterns in western and eastern Canada. Twenty-two municipalities adopted a partial ban and five adopted a full ban. Rationales for the drive-through bans included health promotion, environmental concerns from idling, community character and aesthetics, traffic concerns, and walkability. Policy learning, including research and consultation with other municipalities, was performed by nine early adopters. This study detailed the adoption of

  3. California decides that medical staff bylaws are not contracts.

    Science.gov (United States)

    Cassidy, Michael A

    2002-03-01

    The point of conflict between the majority and minority views is the existence of consideration. There is no question that hospitals are required to adopt medical staff bylaws, nor is there any doubt hornbook law states the performance of a pre-existing duty does not constitute consideration. Therefore, the issue of law is whether the hospital's grant of privileges and the physician's agreement to abide by the bylaws is separate or different "consideration" sufficient to justify the creation of a contract.

  4. 9 CFR 201.4 - Bylaws, rules and regulations, and requirements of exchanges, associations, or other...

    Science.gov (United States)

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Bylaws, rules and regulations, and... 201.4 Animals and Animal Products GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION (PACKERS AND... of any exchange, association, or other organization, or any other valid law, rule or regulation, or...

  5. 39 CFR 2.6 - Severability, amendment, repeal, and waiver of bylaws.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Severability, amendment, repeal, and waiver of bylaws. 2.6 Section 2.6 Postal Service UNITED STATES POSTAL SERVICE THE BOARD OF GOVERNORS OF THE U.S. POSTAL SERVICE GENERAL AND TECHNICAL PROVISIONS (ARTICLE II) § 2.6 Severability, amendment, repeal, and...

  6. Assessment of codes, by-laws and regulations relating to air wells in building design

    Science.gov (United States)

    Fadzil, Sharifah Fairuz Syed; Karamazaman, Nazli

    2017-10-01

    Codes and by-laws concerning air well design (for buildings and lavatories) in Malaysia has been established in the Malaysian Uniform Building By-Laws UBBL number 40 (1) and (2) since the 1980s. Wells are there to fulfill the ventilation and daylighting requirements. The minimum well area according to building storey height are compared between UBBL and the Singapore's well requirements from the Building Construction Authority BCA. A visual and graphical representation (with schematics building and well diagrams drawn to scale) of the minimum well sizes and dimensions is given. It can be seen that if the minimum requirement of well size is used for buildings above 8 storeys high, a thin well resulted which is not proportionate to the building height. A proposed dimension is graphed and given to be used in the UBBL which translated to graphics (3 dimensional buildings drawn to scale) created a much better well proportion.

  7. Financial and Transactional Bylaw of Universities and Faculties of Medical Sciences: Opportunities and Threats

    Directory of Open Access Journals (Sweden)

    Masoud Abolhallaje

    2013-12-01

    Full Text Available Background and purpose: According to developments related to the relative autonomy of universities and acquired extensive powers by the board of trustees of universities of medical sciences and healthcare services in a twenty-year perspective of country and in the context of the fourth and fifth socio-economic cultural development of country, necessity of developing financial and transactional bylaw of universities of medical sciences has become increasingly clear throughout country. Materials and Methods: Grounded theory is the qualitative methodology used for this study in order to identify the threats and opportunities of new financial tax bylaw of universities and faculties of medical sciences and through the study of documents, surveys of experts and beneficiaries and elites by Delphi method. Results: Releasing potential of public administration in order to control sources and uses, increasing management confidence in documented decision making, establishing organizational concentration on controlling costs, providing conditions of decision-making according to financial reports, independency in firing and hiring manpower by adopting specific provisions and creating independency in method of keeping accounts are among the most important opportunities. While poor organizational structure, lack of knowledge and skills in the existing structure, mental processes caused by reactions and incompatibility of staff, lack of criteria and rules in selection appointment and dismissal of managers and employees, lack of discipline and proper mechanisms in order to pursue the purposes, calculating financial burden and human resources required and finally, passing through traditional thinking and management system are among the most threats. Conclusion: Considering the mentioned threats and opportunities, financial and transactional bylaw of universities and faculties of medical sciences was basically revised and modified in January 2006, and then after

  8. By-law from March 18, 2009 amending the by-law from November 19, 2004 relative to the training, missions and conditions of intervention of the medical radio-physics specialist

    International Nuclear Information System (INIS)

    2009-04-01

    The aim of this by-law is to reinforce the skills of the medical personnel specialized in radiotherapy, curietherapy, radiology and nuclear medicine by imposing a minimum academic degree and a validated specialized training in this area of medicine and in radiation protection as well. The specifications of this training are precised in the appendix. (J.S.)

  9. The economic impact of a smoke-free bylaw on restaurant and bar sales in Ottawa, Canada.

    Science.gov (United States)

    Luk, Rita; Ferrence, Roberta; Gmel, Gerhard

    2006-05-01

    On 1 August 2001, the City of Ottawa (Canada's Capital) implemented a smoke-free bylaw that completely prohibited smoking in work-places and public places, including restaurants and bars, with no exemption for separately ventilated smoking rooms. This paper evaluates the effects of this bylaw on restaurant and bar sales. DATA AND MEASURES: We used retail sales tax data from March 1998 to June 2002 to construct two outcome measures: the ratio of licensed restaurant and bar sales to total retail sales and the ratio of unlicensed restaurant sales to total retail sales. Restaurant and bar sales were subtracted from total retail sales in the denominator of these measures. We employed an interrupted time-series design. Autoregressive integrated moving average (ARIMA) intervention analysis was used to test for three possible impacts that the bylaw might have on the sales of restaurants and bars. We repeated the analysis using regression with autoregressive moving average (ARMA) errors method to triangulate our results. Outcome measures showed declining trends at baseline before the bylaw went into effect. Results from ARIMA intervention and regression analyses did not support the hypotheses that the smoke-free bylaw had an impact that resulted in (1) abrupt permanent, (2) gradual permanent or (3) abrupt temporary changes in restaurant and bar sales. While a large body of research has found no significant adverse impact of smoke-free legislation on restaurant and bar sales in the United States, Australia and elsewhere, our study confirms these results in a northern region with a bilingual population, which has important implications for impending policy in Europe and other areas.

  10. RELIGIOUS SYMBOLISM AND DEMOCRACY ENCOUNTERED: A Case of Prostitution Bylaw of Bantul

    Directory of Open Access Journals (Sweden)

    Muhammad Latif Fauzi

    2012-01-01

    Full Text Available This paper addresses the bylaw on prostitution issued by the Bantul authority in May 2007. It specifically examines the relation between the involvement of religious symbolism, the call for public participation and political interests in the legislation process. The paper argues that, on the one hand, the law relates prostitution to issues of immorality, social illness, and the degradation of women due to economic discrimination or sexual exploitation. The subject of prostitution has been extended, covering not only sex workers and pimps, but everyone committing indecent acts, such as showing a ‘sexy’ performance. On the other hand, this regulation is considered to be ambiguous in determining the standard of public morality and, therefore, puts women in a marginalised position. That the implementation of this law contributes to institutionalising the criminalisation against women is another fact which is believed to diminish the meaning of democracy. The government is blamed as taking too much care with procedural democracy but giving less attention to education and employment opportunities.[Artikel merupakan hasil studi peraturan daerah tentang larangan pelacuran yang dikeluarkan oleh Pemerintah Kabupaten Bantul pada Mei 2007. Studi ini menguji keterkaitan antara simbol-simbol keagamaan, partisipasi publik, dan kepentingan politik yang muncul dan menyertai proses legislasi. Penulis berpendapat bahwa pada satu sisi, dalam peraturan tersebut, pelacuran dikaitkan dengan perusakan terhadap nilai agama dan sosial serta penurunan martabat perempuan, terlepas akibat diskriminasi ekonomi atau eksploitasi seksual. Subjek pelacuran ternyata juga diperluas, tidak hanya pekerja seks dan mucikari, tetapi setiap orang yang melakukan perbuatan cabul, seperti berpenampilan seksi. Pada sisi yang lain, ukuran moralitas publik dalam peraturan ini dianggap kurang jelas dan menempatkan perempuan pada posisi yang terpinggirkan. Bahwa penerapan peraturan

  11. Constitutional changes and the dilemmas of constitutionalism

    Directory of Open Access Journals (Sweden)

    Arsen Bačić

    2009-01-01

    Full Text Available 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 science and its disciplines. In this paper, the author mentions several topics which are of interest in the current discussion on the significance of current constitutional changes for the future of the development of constitutionalism and democracy in the Republic of Croatia. These are above all topics of political and legal constitutionalism and suggestions linked to strengthening the independence of judicial powers. The author advocates consistent application of constitutional control and check mechanisms which exclude all insularity of judicial powers in relation to democratic control.

  12. 77 FR 40261 - The Interagency Security Classification Appeals Panel (ISCAP) Bylaws, Rules, and Appeal Procedures

    Science.gov (United States)

    2012-07-09

    ... Panel'') advises and assists the President in the discharge of his constitutional and discretionary... other than the ISCAP to that agency for processing. The Panel processes requests for information... question has not been the subject of a prepublication review or other administrative process pursuant to an...

  13. Gender and the Constitution

    Science.gov (United States)

    Ginsburg, Ruth Bader

    1975-01-01

    In discussing the constitutional aspects of the sex-role debate in the U.S. the author traces the tradition, compares the present criterion of equal protection to the equal rights argument, and analyzes the equality principle with reference to affirmative action and to childbearing and childrearing, supporting the proposed equal rights amendment.…

  14. The selected legal by-laws of the Slovak Republic which are determined and influenced of the physiotactic (the situation up to 1 January 1999)

    International Nuclear Information System (INIS)

    1998-01-01

    In this chapter the basic the selected legal by-laws of the Slovak Republic are reviewed. The Legal by-laws are separated into next groups: (1) The environment, their formation and protection; (2) The health protection and protection of the vital conditions, life manner and community protection; (3) The landscape formation and landscape development; (4) The protection of the cultural heredity in the landscape; (5) The protection of the nature and landscape; (6) The chemical substances and the environmental risks; (7) The air and ozone layer protection; (8) The protection, balance and water use; (9) The wastes and waste farm; (10) The ionizing radiation and nuclear safety; (11) The environmental safety and suitability of buildings; (12) The mineral environment protection, use of bed and geological works; (13) The protection, and use of soil and forest; (14) The protection of the bees, animals and fishes - The veterinary welfare and protection of animals

  15. Transnational Governance and Constitutionalism

    DEFF Research Database (Denmark)

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

    of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international......The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes...

  16. A Prospect and Challenges for Adopting Constitutional Complaint and Constitutional Question in the Indonesian Constitutional Court

    OpenAIRE

    Faiz, Pan Mohamad

    2016-01-01

    A jurisdiction of the Indonesian Constitutional Court concerning constitutional adjudication is only limited to review the constitutionality of national law. There is no mechanism for challenging any decision or action made by public authorities that violate fundamental rights enshrined in the Indonesian Constitution. This article argues that constitutional complaint and constitutional question might be adopted as new jurisdictions of the Indonesian Constitutional Court in order to strengthen...

  17. ECHR and national constitutional courts

    Directory of Open Access Journals (Sweden)

    Nastić Maja

    2015-01-01

    Full Text Available Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the crucial role in this process. This paper will focus on the applicability of the ECHR in proceedings before national constitutional courts. Having in mind the jurisdiction of the national constitutional court, the ECHR may be applied in two ways: first, in the process of constitutional review by national constitutional courts and, second, in the process of deciding on constitutional complaints.

  18. Constitutional aneuploidy and cancer predisposition.

    Science.gov (United States)

    Ganmore, Ithamar; Smooha, Gil; Izraeli, Shai

    2009-04-15

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

  19. Economic Reforms and Constitutional Transition

    OpenAIRE

    Jeffrey D. Sachs; Wing Thye Woo; Xiaokai Yang

    2000-01-01

    This paper investigates the relationship between economic reforms and constitutional transition, which has been neglected by many transition economists. It is argued that assessment of reform performance might be very misleading if it is not recognized that economic reforms are just a small part of large scale of constitutional transition. Rivalry and competition between states and between political forces within each country are the driving forces for constitutional transition. We use Russia...

  20. ECHR and national constitutional courts

    OpenAIRE

    Nastić, Maja

    2015-01-01

    Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR) encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the cruc...

  1. 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.

  2. British Columbia capital regional district 100% smokefree bylaw: a successful public health campaign despite industry opposition.

    Science.gov (United States)

    Drope, J; Glantz, S

    2003-09-01

    To describe how the British Columbia Capital Regional District successfully passed, implemented, and enforced a 100% smokefree bylaw in all public places, including restaurants and bars, despite an aggressive campaign by the tobacco industry (acting through the hospitality industry) to stop it. Information was obtained from news reports, internal tobacco industry documents, reports, public documents, and interviews with key players. Tobacco industry documents were accessed between February and April 2002. This project was approved by the University of California San Francisco committee on human research. As in the USA and elsewhere in the world, the tobacco industry in British Columbia, Canada, recruited and created hospitality associations to fight against the district smokefree bylaw. They used the classic industry rhetoric of individual rights and freedoms, economic devastation, and ventilation as a solution. Public health authorities were able to counter industry strategies with a strong education campaign, well written bylaws, and persistent enforcement. It is possible to overcome serious opposition orchestrated by the tobacco industry and develop and implement a 100% smokefree bylaw in Canada. Doing so requires attention to detail in drafting the bylaw, as well as a public education campaign on the health dangers of secondhand smoke and active enforcement to overcome organised resistance to the bylaw. Jurisdictions considering smokefree bylaws should anticipate this opposition when developing and implementing their bylaws.

  3. Radioactive waste disposal and constitution

    International Nuclear Information System (INIS)

    Stober, R.

    1983-01-01

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

  4. Constitutional aneuploidy and cancer predisposition†

    Science.gov (United States)

    Ganmore, Ithamar; Smooha, Gil; Izraeli, Shai

    2009-01-01

    Constitutional aneuploidies are rare syndromes associated with multiple developmental abnormalities and the alterations in the risk for specific cancers. Acquired somatic chromosomal aneuploidies are the most common genetic aberrations in sporadic cancers. Thus studies of these rare constitutional aneuploidy syndromes are important not only for patient counseling and clinical management, but also for deciphering the mechanisms by which chromosomal aneuploidy affect cancer initiation and progression. Here we review the major constitutional aneuploidy syndromes and suggest some general mechanisms for the associated cancer predisposition. PMID:19297405

  5. 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....

  6. 24 CFR Appendix I to Subpart D of... - Articles of Incorporation and By-Laws of _______ Homebuyers Association

    Science.gov (United States)

    2010-04-01

    ... collectively, in their relationships with the Authority and others in regard to financial matters such as.... Quorum. A simple majority of the Board shall constitute a quorum for the transaction of business. Every... such delegations of authority as in its judgment are in the best interest of the Association; (3...

  7. 12 CFR 544.5 - Federal mutual savings association bylaws.

    Science.gov (United States)

    2010-01-01

    ... by the association. (3) Corporate governance procedures. A Federal mutual association may elect to follow the corporate governance procedures of the laws of the state where the main office of the... corporate governance procedures, and shall file a copy of such bylaws, which are effective upon adoption...

  8. 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.

  9. Constitutional and acquired autosomal aneuploidy.

    Science.gov (United States)

    Jackson-Cook, Colleen

    2011-12-01

    Chromosomal imbalances can result from numerical or structural anomalies. Numerical chromosomal abnormalities are often referred to as aneuploid conditions. This article focuses on the occurrence of constitutional and acquired autosomal aneuploidy in humans. Topics covered include frequency, mosaicism, phenotypic findings, and etiology. The article concludes with a consideration of anticipated advances that might allow for the development of screening tests and/or lead to improvements in our understanding and management of the role that aneuploidy plays in the aging process and acquisition of age-related and constitutional conditions.

  10. The Constitution and Academic Freedom.

    Science.gov (United States)

    Gilbertson, Eric R.

    During the past 150 years U.S. courts have demonstrated a special protectiveness toward academics and academic institutions. Academic freedom was not a concern when the U.S. Constitution and the First Amendment were drafted and is not mentioned in the "Federalist Papers." However, decisions by a series of Supreme Court justices led to…

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

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2015-01-01

    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...

  12. Constitutionalism and Development in Nigeria: The 1999 Constitution

    African Journals Online (AJOL)

    Fr. Ikenga

    the 3 arms of government the Executive, Legislative, Judiciary, Public Service and Marketing .... Rotation principle of a presidency position in Nigeria which will cultivate a sense of ... the issues survived inclusion in the 1999 Constitution of the Federal Republic of Nigeria. 13. S. 2 of Decree No. ..... Oxford, 5th Edition p.245.

  13. [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.

  14. European constitution and EURATOM treaty

    International Nuclear Information System (INIS)

    Heller, W.

    2003-01-01

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

  15. Contested constitutions: Legitimacy of constitution-making and constitutional conflict in Central Europe

    NARCIS (Netherlands)

    de Raadt, J.B.

    2009-01-01

    What were the effects of constitution-making procedures on the acceptance of the new "rules of the political game" in postcommunist Central Europe? This article sets out to scrutinise the increasingly popular claim among politicians and scholars of democratisation that inclusiveness and popular

  16. 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.

  17. The Specification of an Expert System for Building Bylaws Compliance

    Directory of Open Access Journals (Sweden)

    Sania Bhatti

    2012-04-01

    Full Text Available An Expert System is a computer program that simulates the human intelligence and behaviour in specific and limited domains. It is used to solve problems with tricks, shortcuts and heuristics i.e. rules of thumb. Checking a Plan (Map to verify its compliance with building bylaws is a complex task mainly due to various rules and the exceptions to those rules. Humans are prone to make errors in such situations. Due to the problems faced by Building Control Department, HDA ( Hyderabad Development Authority there is a strong need to develop a computerized system. In this research we have developed a prototype named as ESBBC (Expert System for Building Bylaws Compliance for HDA that can help in their building plan checking system. The proposed solution is merging three frameworks, i.e. Java an OOP (Object Oriented Programming language, Prolog- a rule based language and MS Access- for database. The solution is fulfilling the three main requirements of the HDA, i.e. Determination of whether a particular plan is in compliance with predefined building bylaws or not. (2 Offering search facility. (3 Maintaining records of plans which are entered for compliance checking. We have checked plans of 20 properties according to HDA building regulations using ESBBC and presented their results. The results show that ESBBC has capability to identify errors made by humans.

  18. 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…

  19. Unanimous Constitutional Consent and the Immigration Problem

    OpenAIRE

    Josten, Stefan D.; Zimmermann, Klaus W.

    2004-01-01

    This paper utilizes the cross-cutting cleavages approach to evaluate the probability of a unanimous constitutional consent and, based on these results, discusses the implications of immigration on an existing constitutional consent. It is shown that previous conclusions of beneficial effects stemming from a multitude of political dimensions for a unanimous constitutional consent crucially depend on the assumption of an extreme mode of intrapersonal compensation of constitutional majority and ...

  20. 12 CFR 575.9 - Charters and bylaws for mutual holding companies and their savings association subsidiaries.

    Science.gov (United States)

    2010-01-01

    ...' Loan Act, 12 U.S.C. 1467a(o), and to exercise all of the express, implied, and incidental powers... account holders of the Association on such basis and in accordance with such terms and conditions as may... corporate title of each mutual holding company shall include the term “mutual” or the abbreviation “M.H.C...

  1. Competition And Antitrust Law In Ecuadorian Constitution

    OpenAIRE

    Marcelo Marín Sevilla

    2013-01-01

    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 competi...

  2. Constitutionalism and Democracy in Contemporary International Community

    OpenAIRE

    Padjen, Ivan

    1992-01-01

    Starting from the insight that jurisprudence of legal theory should be concerned primarily with,on the one hand, international law, and, on the other, constitutional developments, the paper; analyzes some prominent conceptions of constitutionalism and democracy in international community and municipal legal orders; formulates a new set of criteria for the analysis of constitutionalism and democracy in international law; and argues that Laswell and McDougal's policy oriented jurisprudence offe...

  3. Culture (and religion in constitutional adjudication

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    2003-10-01

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

  4. Public and Constitutional Support for Character Education.

    Science.gov (United States)

    Vessels, Gordon G.; Boyd, Stephen M.

    1996-01-01

    Character education thrives on an informed understanding of constitutional principles and an inclusive commitment-building process. U.S. Supreme Court opinions that clarify public school students' free speech rights have established values education as a constitutionally acceptable practice. Challenges might lie in possible violations of the First…

  5. 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.

  6. On the Constitution and the Constitutions in Contemporary Egypt (2011-2014: Analysis and Early Thoughts

    Directory of Open Access Journals (Sweden)

    José Carlos Castañeda Reyes

    2016-01-01

    world witnessed, a testament to what massive popular participation can attain. We believe the Constitution has true potential to guide the forces of change in the country. Therefore, the struggle for “bread, freedom, social justice and human dignity” will continue and is actually continuing in the Nile country via constitutional and non-constitutional means.

  7. Constitutional Politics, Constitutional Texts and Democratic Variety in Central and Eastern Europe

    OpenAIRE

    Blokker, Paul

    2008-01-01

    In the paper, it is argued that democratization in Central and Eastern Europe involves important forms of differentiation of democracy, rather than merely convergence to a singular – liberal-democratic, constitutional - model. One way of taking up democratic differentiation in post-communist societies is by analysing the constitutional documents of the new democratic orders, and the constitutional politics leading to the foundational documents. In a first step, the paper analyses constitution...

  8. Constitutional Provisions And Administrative Disciplinary Powers ...

    African Journals Online (AJOL)

    Constitutional Provisions And Administrative Disciplinary Powers: The Medical ... and Dental Practitioners Act. This process of administrative adjudication is ... the rights guaranteed to the professionals when they appear before the Tribunal.

  9. School Leadership: Constitution and Distribution

    Science.gov (United States)

    Vennebo, Kirsten Foshaug; Ottesen, Eli

    2012-01-01

    Leadership is currently viewed as a guarantee for educational quality and reforms, as a crucial component for schools' capacity building and as a major contributor to the transformation of practices. Although an array of leadership studies report on the need for leadership by demonstrating what leaders must do or how leadership practices should be…

  10. Separation of powers and constitutional loyalty

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2013-06-01

    Full Text Available The complexity and dynamics of political life leads to developments and reconsiderations in terms of classical theories of constitutional law. Such a process occurs also in the case of separation of powers. Many factors have a bearing on how this theory is currently translated into practice, which requires additional perspectives of analysis in order to develop improved models of cooperation and balance of powers, according to new political realities. This study aims at examining the principle of separation and balance of powers in terms of mutual respect and loyal cooperation between institutions, or, in a broader sense, of constitutional loyalty, an intrinsic value-principle of all constitutions, without which no fundamental law, no matter of how democratic it might be, could function properly2. Based on examination of concrete cases drawn from the case-law of the Constitutional Court of Romania, the study demonstrates that, in lack of constitutional loyalty, the objective pursued by enshrining the principle of separation of powers cannot be achieved effectively, i.e. compliance of public authorities and political actors with constitutional provisions is purely formal and the alleged collaboration between them is a "dialogue of the deaf" at the expense of democracy. The seriousness of the consequences of this type of behaviour requires identification of remedies. What are the limits and what solutions can be identified in this regard are questions that also we aim to answer.

  11. Democracy, Citizen Sovereignty and Constitutional Economics

    OpenAIRE

    Vanberg, Viktor J.

    2006-01-01

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

  12. Revision of by-laws about effluents of EdF's nuclear power plants

    International Nuclear Information System (INIS)

    2002-01-01

    In France, in application of the clean water law from January 3, 1992 and since the decree 95-540 from May 4, 1995, each basic nuclear facility receives a single permission which covers both its water takes and its radioactive and non-radioactive effluents. This decree, initially dedicated to new facilities has been enlarged to all existing installations for which the prefectorial by-laws have reached their date-line. Thus, up to now, five inter-ministerial by-laws have renewed the permissions of water takes and effluents evacuation of the power plants of Saint-Laurent-des-Eaux (Loir-et-Cher), Flamanville (Manche), Paluel (Seine-Maritime), Belleville (Cher) and Saint-Alban (Isere). These by-laws foresee an important abatement of the effluents and concern more particularly the tritium, 14 C, the iodine isotopes and also some other non-radioactive chemical compounds. This document is a compilation of all revised by-laws about effluents and concerning the nuclear power plants listed above. (J.S.)

  13. 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

  14. By-law from December 5, 1996 relative to the road transport of dangerous goods (called ''ADR by-law''). (Dangerous materials no. 1)

    International Nuclear Information System (INIS)

    Mesnil, H. du

    1996-01-01

    The aim of this by-law from the French ministry of equipment, lodging, transports and tourism is to define the specific rules that must be applied in France to the national or international road transport of dangerous freight (radioactive materials, explosive materials, under pressure compressed, liquefied or dissolved gases, flammable liquids and solids, spontaneously flammable materials, combustive agents, organic peroxides, noxious, infectious and corrosive materials etc..). The classification of dangerous materials and the freight that cannot be transported by road is listed in two appendixes [700 p.] at the end of the document. This by-law gives the rules concerning: the building, testing, agreement, labelling, periodical controls and conditions for use of packing materials, drums, containers, tanks and vehicles; the equipments, the loading and unloading, the running and parking of vehicles; the training of personnel and the organization of companies; the documents for control or safety assistance. Special rules concerning the transportation of gamma radiography apparatuses are given. (J.S.)

  15. By-law from December 6, 1996 relative to the rail transport of dangerous goods (called ''RID by-law''). (Dangerous materials no. 2)

    International Nuclear Information System (INIS)

    Mesnil, H. du

    1996-01-01

    The aim of this by-law from the French ministry of equipment, lodging, transports and tourism is to define the specific rules that must be applied in France to the national or international rail transport of dangerous freight (radioactive materials, explosive materials, under pressure compressed, liquefied or dissolved gases, flammable liquids and solids, spontaneously flammable materials, combustive agents, organic peroxides, noxious, infectious and corrosive materials etc..). The classification of dangerous materials and the freight that cannot be transported by train is listed in two appendixes [700 p.] at the end of the document. This by-law gives the rules concerning: the building, testing, agreement, labelling, periodical controls and conditions for use of packing materials, drums, containers and tank wagons; the equipments, the loading and unloading, the running and parking of wagons; the documents relative to the transport. (J.S.)

  16. COUNTERMAJORITARIAN INSTITUTIONS IN THE RUSSIAN CONSTITUTION OF 1993 AS AN INSTRUMENT ENSURING CONSTITUTIONAL AND POLITICAL STABILITY

    Directory of Open Access Journals (Sweden)

    S. Shakhray

    2018-01-01

    Full Text Available The article enriches the discussion on the legal reasons and conditions fostering the viability of democratic constitutions by analyzing the rich experience of the Russian Constitution of 1993. Particular attention is paid to the concept of countermajoritarian institutions. The authors elaborate the idea that countermajoritarian institutions can play an important role in ensuring the viability (put in other terms, the proper balance between stability, adaptability, and dynamic development of modern democratic constitutions as well as political regimes.The article presents evidence-based data showing that the President and the Constitutional Court of the Russian Federation systematically acted as countermajoritarian institutions at the initial stage of the implementation of the “blueprint for the future” set down in the 1993 Russian Constitution. As a result of the activities of these institutions, strong legal frameworks were created that are necessary for the establishment of anew constitutional system of the Russian state and law.Today, the Russian Constitution of 1993 is one of the longest lasting democratic constitutions in the world (the average “life expectancy” of democratic constitutions adopted over the past 250 years is about seventeen years. The study of the countermajoritarian provisions in the 1993 Russian Constitution is of both theoretical and practical importance. In particular, the results of the study can be useful in creating efficient legal instruments for the maintenance of political stability and social development management both within sovereign states and within interstate communities.

  17. Constitutional values, therapeutic jurisprudence and legal education ...

    African Journals Online (AJOL)

    ... they have the power to transform thoughts, policies and lives, and that practising law is ... The values and philosophies that law lecturers instil in law students can ... The question remains: How do we transform legal education in South Africa? ... to our constitutional vales and an ability to engage critically with these values.

  18. The Air Force Officer and the Constitution

    Science.gov (United States)

    2010-02-17

    2. Enumerated Powers 3. Separation of Powers and Checks and Balances C. Ways to amend the U.S. Constitution D. The elements of the U.S...the courts ▪ judicial 14. What stops one branch of government from becoming too powerful? ▪ checks and balances ▪ separation of powers 15. Who

  19. Government and Ethics: The Constitutional Foundation.

    Science.gov (United States)

    Rossum, Ralph A.

    1984-01-01

    Government and ethics teachers should educate students in the "wholesale sanity" of American democracy. In particular they should (1) identify and defend the principles of the American constitutional order, (2) criticize government actions departing from these principles, and (3) seek means by which to correct for these departures. (RM)

  20. James Madison and the Constitutional Convention.

    Science.gov (United States)

    Scanlon, Thomas M.

    1987-01-01

    Part 1 of this three-part article traces James Madison's life and focuses primarily on those events that prepared him for leadership in the U.S. Constitutional Convention of 1787. It describes his early love of learning, education, and public service efforts. Part 2 chronicles Madison's devotion to study and preparation prior to the Constitutional…

  1. 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)

  2. Constitutional Due Process and Educational Administration.

    Science.gov (United States)

    Uerling, Donald F.

    1985-01-01

    Discusses substantive and procedural due process as required by the United States Constitution and interpreted by the Supreme Court, with particular reference to situations arising in educational environments. Covers interests protected by due process requirements, the procedures required, and some special considerations that may apply. (PGD)

  3. 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 ...

  4. Public health and the Australian Constitution.

    Science.gov (United States)

    Reynolds, C

    1995-06-01

    The powers vested in the Commonwealth Government by the Constitution contain the basis of much public health law in Australia. Yet this is not often recognised; public health law is generally, and historically, seen as the states' responsibility. This article surveys the broad range of constitutional powers that the Commonwealth Government can rely upon to make public health laws. It considers areas of power specified in the Constitution, such as those with respect to external affairs and corporations. Decisions of the High Court have interpreted the various heads of power very broadly and have significantly enhanced the potential of the Commonwealth to pass detailed and far-reaching public health law. To this fact must be added the taxation arrangements in Australia and, with these, the very extensive control that the Commonwealth can exercise through its monopoly of major taxation sources. Its power to make financial arrangements can tie dependent states into specific policies (including public health policies) as a condition of the grants made to them. However, these broad powers may be limited in some important respects: the High Court is increasingly identifying rights and freedoms in the Constitution that may increasingly bring both state and Commonwealth public health law under challenge. Despite this possibility, the Commonwealth may prove to be our most significant source of public health law, and public health policy makers should recognise the full potential of its power to make such laws.

  5. 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, ...

  6. 118 CONSTITUTIONALISM AND GOOD GOVERNANCE IN NIGERIA

    African Journals Online (AJOL)

    Fr. Ikenga

    existence of a constitution in an autocratic regime, such regime can never be a .... in a democratic system posits that 'the ethical responsibility of leadership and ..... civil rule, it is believed that we shall soon get to that stage of western style of.

  7. 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

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

    OpenAIRE

    Mak, C.

    2009-01-01

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

  9. Catholic Modernity and the Italian Constitution

    DEFF Research Database (Denmark)

    Thomassen, Bjørn; Forlenza, Rosario

    2016-01-01

    and give direction to the very idea of political modernity, bridging a positive encounter between Catholicism, democracy, and freedom. The specific argument is embedded within a larger aim to recognize attempts within Catholic philosophy and political thought to articulate a trajectory that moved away from......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...... 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...

  10. Federalism and constitutional change in Nigeria

    OpenAIRE

    Okpanachi, Eyene; Garba, Ali

    2010-01-01

    In comparison with established democracies Nigeria is a highly populated and ethnic fragmented state. Therefore after colonial rule and independence a federal constitutional structure was supposed to bring the processes for conflict resolution between the ethnic groups. In 1960 Nigeria started as a highly decentralised state and went through important changes until 1999 towards greater centralisation which found its culmination in regular military governments and open conflicts. Until 1999 ea...

  11. 78 FR 57777 - Constitution Day and Citizenship Day, Constitution Week, 2013

    Science.gov (United States)

    2013-09-19

    ... strength of our common ideals. In a document that has endured for more than two and a quarter centuries, the Framers put forth their vision for a more perfect Union. Our Constitution was signed on September... citizenship, recognize the enduring strength of our Constitution, and reaffirm our commitment to the rights...

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

    Directory of Open Access Journals (Sweden)

    Ivona-Arina Raef

    2012-12-01

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

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

    NARCIS (Netherlands)

    Mak, C.

    2009-01-01

    This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is

  14. 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.

  15. 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.

  16. The EU and Constitutionalism in Egypt

    DEFF Research Database (Denmark)

    Seeberg, Peter

    2013-01-01

    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...... in the context of Egyptian-European relations. The article argues that the EU policies, which earlier have been dominated by a pragmatic approach towards the Mubarak regime, now have to be rethought considering an Egyptian polity, where the contours of a new constitutionalism are developing....

  17. Legitimacy of Constitutional Justice: Democracy, Constitutional Court and Theory Against Majority Interest

    Directory of Open Access Journals (Sweden)

    Thaminne Nathalia Cabral Moraes e Silva

    2016-12-01

    Full Text Available This article has as its theme the analysis of the separation of powers and the rule of democracy, in addition to the possibility of the Constitutional Court be composed of people appointed by the President of the Republic, not fulfilling the democratic rule, and make the control of constitutionality of laws, created through democratic process. Will be answered: the separation of powers obey the democratic rule? When the Legislature fails to fulfill its function of legislating, opens the opportunity for the Supreme Court, as the Constitutional Court that is, create, through judicial activism, silent rules? That injured the democratic rule?

  18. 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).

  19. 76 FR 58705 - Constitution Day and Citizenship Day, Constitution Week, 2011

    Science.gov (United States)

    2011-09-21

    ... vision, we resolve to stay true to their spirit of patriotism and unity. In remembrance of the signing of... citizenship, recognize the enduring strength of our Constitution, and reaffirm our commitment to the rights...

  20. Scaling and constitutive relationships in downcomer modeling

    International Nuclear Information System (INIS)

    Daly, B.J.; Harlow, F.H.

    1978-12-01

    Constitutive relationships to describe mass and momentum exchange in multiphase flow in a pressurized water reactor downcomer are presented. Momentum exchange between the phases is described by the product of the flux of momentum available for exchange and the effective area for interaction. The exchange of mass through condensation is assumed to occur along a distinct condensation boundary separating steam at saturation temperature from water in which the temperature falls off roughly linearly with distance from the boundary. Because of the abundance of nucleation sites in a typical churning flow in a downcomer, we propose an equilibrium evaporation process that produces sufficient steam per unit time to keep the water perpetually cooled to the saturation temperature. The transport equations, constitutive models, and boundary conditions used in the K-TIF numerical method are nondimensionalized to obtain scaling relationships for two-phase flow in the downcomer. The results indicate that, subject to idealized thermodynamic and hydraulic constraints, exact mathematical scaling can be achieved. Experiments are proposed to isolate the effects of parameters that contribute to mass, momentum, and energy exchange between the phases

  1. 75 FR 57835 - Constitution Day and Citizenship Day, Constitution Week, 2010

    Science.gov (United States)

    2010-09-22

    ... four short months, delegates to the Constitutional Convention in Philadelphia established a... government, a protector of liberties, and a guarantee that we are all free to shape our own destiny. As we...

  2. 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 ...

  3. ByLaws for the Governance of the Sandia National Laboratories Sandia Postdoctoral Development (SPD) Association.

    Energy Technology Data Exchange (ETDEWEB)

    McBride, Amber Alane Fisher; McBride, Amber Alane Fisher; Rodgers, Theron; Dong, Wen; Juan, Pierre-Alexandre; Barkholtz, Heather; Alley, William Morgan; Wolk, Benjamin Matthew; Vane, Zachary Phillips; Priye, Aashish; Ball, Cameron Scott

    2017-03-01

    The purpose of this document is to define the rules of governance for the Sandia Postdoctoral Development (SPD) Association. This includes election procedures for filling vacancies on the SPD board, an all-purpose voting procedure, and definitions for the roles and responsibilities of each SPD board member. The voting procedures can also be used to amend the by-laws, as well as to create, dissolve, or consolidate vacant SPD board positions.

  4. Circular from January 26, 2004, taken for the enforcement of the by-law from January 26, 2004, relative to the national defense secrecy protection in the domain of nuclear materials protection and control; Circulaire du 26 janvier 2004 prise pour l'application de l'arrete du 26 janvier 2004 relatif a la protection du secret de la defense nationale dans le domaine de la protection et du controle des matieres nucleaires

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2004-01-15

    The by-law of January 26, 2004 gives a regulatory foundation to the classification of sensible informations relative to the security and physical protection of nuclear materials. This circular recalls, in this framework, the conditions of implementation of the regulation relative to the protection of national defense secrecies in the domain of the protection of nuclear facilities and materials. (J.S.)

  5. The 1857 Constitution and its Parlamentary Interlude

    Directory of Open Access Journals (Sweden)

    David Pantoja Morán

    2008-04-01

    Full Text Available For a long time, American scholars have noticed that Mexico ex­perienced  a parlamentary form of government during  the brief period between the end of the Reform War and the landing of the invading troops, which gave place to the Intervention War against imperial claims. despite the significance of this observation, Mexi­can scholars had virtually ignored it. This work seeks to reveal, through a political, historical, and le­gal analysis of these events, if such an experience can be described as parlamentary, if the 1857 Constitution shows signs of a parlamen­tary system, and if this might have been the intention of its authors.

  6. 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

  7. 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.

  8. Post-Revolution Constitutionalism: The Impact of Drafting Processes on the Constitutional Documents in Tunisia and Egypt

    DEFF Research Database (Denmark)

    Elsayed, Ahmed Mohamed Abdelfattah

    2014-01-01

    This paper seeks to address the constitutional paths that followed the Arab awakening in both Tunisia and Egypt. The Tunisian constitutional process, despite some tensions, was largely peaceful and consensual. On the other hand, the process in Egypt of establishing a new constitutional arrangement...... at identifying the factors have impacted both the constitutional drafting process and the popular perception of the produced constitutions in each of Tunisia and Egypt....

  9. Constitutive and ligand-induced TCR degradation

    DEFF Research Database (Denmark)

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

    2004-01-01

    Modulation of TCR expression levels is a central event during T cell development and activation, and it probably plays an important role in adjusting T cell responsiveness. Conflicting data have been published on down-regulation and degradation rates of the individual TCR subunits, and several di...... to the lysosomes. Similar results were obtained in studies of primary human Vbeta8+ T cells stimulated with superantigen. Based on these results, the simplest model for TCR internalization, sorting, and degradation is proposed.......Modulation of TCR expression levels is a central event during T cell development and activation, and it probably plays an important role in adjusting T cell responsiveness. Conflicting data have been published on down-regulation and degradation rates of the individual TCR subunits, and several...... 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...

  10. Constitution and religiosity of/in the constitutional order of the National Socialist Empire

    Directory of Open Access Journals (Sweden)

    Velez, Pedro

    2017-05-01

    Full Text Available In this article, we will analyse the National Socialist regime as a politico-constitutional reality. We will do it from a new way of looking at politico-constitutional phenomena, interpreting them as registered in a religious grounding. It seeks to show that the National Socialist regime was characterised by having identified the political community – a racially interpreted and raised community to the Absolute – with an empirical historic personality regarded as eminently communitarian. It suggests that the regime constitutes a sui generis case, either in a context of regimes conventionally classified as "right-wing authoritarian and/or totalitarian" or in a larger context of contemporary politics.

  11. 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.

  12. Theoretical (dis-) position and strategic leitmotivs in constitutional ...

    African Journals Online (AJOL)

    This essay takes a look at the historic restoration that bequeathed this country and its people a prototypical, justiciable Constitution. The advent of constitutional democracy in South Africa went hand in hand with an about-turn in the interpretation of enacted law-texts (including the Constitution) and a critical interrogation of ...

  13. CHAPTER FOUR LİBERTY AND TURKISH CONSTITUTIONS:

    OpenAIRE

    FENDOĞLU, Doç.Dr.Hasan Tahsin

    2002-01-01

    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...

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

    Science.gov (United States)

    Emenaker, Ryan

    2014-01-01

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

  15. 3 CFR 8418 - Proclamation 8418 of September 16, 2009. Constitution Day and Citizenship Day, Constitution Week...

    Science.gov (United States)

    2010-01-01

    ... as “Constitution Week.” NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America... beacon of hope for Americans and those who seek new lives in the United States. Every day, we welcome new....BARACK OBAMA ...

  16. Resolution and Letter to Congress from the Constitutional Convention

    Science.gov (United States)

    Potter, Lee Ann

    2005-01-01

    This article explores the drafting of the United States Constitution. The United States Constitution is the longest-lasting written national constitution in the world. Its four parchment pages serve as the blueprint for a government under which more than 290 million Americans live. It holds great significance for the American people and for others…

  17. Felicidad y constitucionalismo = Happiness and constitutionalism

    Directory of Open Access Journals (Sweden)

    María Isabel Lorca Martín de Villodres

    2013-09-01

    happiness in our Constitutions. It is thought that only in a democratic society, where social rights have been developed, can citizens get a dignified life, so that they are able to look for happiness. Without a dignified life, happiness is something impossible to achieve. Consequently, happiness is said to be not only an individual objective, but also a common and public target. The State should offer citizens the proper conditions for the pursuit of happiness. In the Spanish Constitution, we get the impression that it is possible to find happiness from some aspects of it. So, according to this, the eudemonism theory could be reasserted in our modern Social State. Currently, we can notice that public policies are concerned with the happiness of citizens in order to improve their daily lives, and actually governments are working on it in many countries. In any case, this fact might be considered as a return to the essence of human being. A good chance to try to understand what is a person.

  18. Transitional processes: Territorial organization of authorities and the future constitution of Serbia comparative analysis of five constitutional models

    Directory of Open Access Journals (Sweden)

    Despotović Ljubiša M.

    2004-01-01

    Full Text Available In this paper the authors give a comparative analysis of territorial organization of authorities in five constitutional models for Serbia. The paper consists of the following chapters: Introduction, Outline of the Constitution of Kingdom of Serbia, Basic Principles of the New Constitution of Serbia - DSS, Outline of Constitution of Republic of Serbia - DS Constitutional Solutions for Serbia - BCLJP, Project of Constitution of Republic of Serbia - Forum iuris, Conclusion. The analysis of territorial organization of authorities has been seen in the context of the processes of transition and archiving the important principles of civil society and civil autonomies.

  19. 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.

  20. Sonora Legislators and their Constitution, 1857-1861

    Directory of Open Access Journals (Sweden)

    Zulema Trejo

    2010-01-01

    Full Text Available This paper describes the members of the Sonora constituent congress (1857-61, and analyzes the debates they held regarding the project for the state's Constitution, which would follow the lines estblished by the 1857 Federal Constitution. It also points out the relations between each legislator's trajectory and politicial affiliation (as far as available sources allow for this, and the proposals he presented during the legislative debates that gave place to the 1861 Constitution of Sonora.

  1. Constitutional reform processes and political parties: principles for practice

    OpenAIRE

    Vliet, van, M.; Wahiu, W.; Magolowondo, A.

    2012-01-01

    This publication provides a set of guiding principles for constitutional reform on the basis of practical experiences of constitutional reform processes in selected countries: Bolivia, Ghana, Indonesia, Iraq, Kenya, Malawi, Zimbabwe and South Africa. The focus is on the role of political parties in constitution-building processes. The publication shows that although country-specific reform processes may be unique in terms of objectives, context, popular involvement, and achievements, they go ...

  2. Islamization in Malaysia: the constitutional and legal dimensions

    OpenAIRE

    Choo, Kah Sing

    2017-01-01

    This thesis examines the legitimacy of the Islamization of the politics, society and law in Malaysia. The Islamization plan was carried out by the federal government in the early 1980s under the Mahathir administration. The legitimacy of the Islamization plan is measured against the original intent of the Independence Constitution, with particular reference to the position of Islam in the Constitution. Those constitutional provisions which have been claimed to have granted I...

  3. The 2910 by-law and the atmosphere protection plan; L`arrete 2910 et plan de protection de l`atmosphere

    Energy Technology Data Exchange (ETDEWEB)

    Bouton, J.Ph. [Ministere de l`Environnement et du cadre de vie, 92 - Neuilly (France)

    1997-12-31

    This paper gives a detailed overview of the French air pollution regulations concerning the installations of combustion and the classified installations (heating plants, turbines, engines, fossil-fuel power plants, refineries and other installations or combustion processes). Other international or European community actions for the abatement of industrial and air pollution are described and future regulations are evoked. (J.S.)

  4. By-law no 010-2005/AN from 26 April 2005 dealing with nuclear security and the protection against ionizing radiation

    International Nuclear Information System (INIS)

    2005-01-01

    The legal text relates to the field of application, the general principles, the administrative provisions, the penal provisions and the transitional and final provisions. The field of application is relating to the definitions of concepts, with the activities of practices - public and private - implying the imports, exports, handling, transport, storage, the materials trade and radioactive substances. The general principles treat exposure to ionizing rays. The administrative provisions treat the creation and attributions of a structure of implementation and management relating to its activities. The penal provisions codify the sanctions and the legal proceedings according to the seriousness of the infringement. As for the transitional provisions and final, they cancel all the former regulations relating to this law [fr

  5. 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.

  6. 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

  7. 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…

  8. 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...

  9. Constitutional reform processes and political parties : principles for practice

    NARCIS (Netherlands)

    Vliet, van M.; Wahiu, W.; Magolowondo, A.

    2012-01-01

    This publication provides a set of guiding principles for constitutional reform on the basis of practical experiences of constitutional reform processes in selected countries: Bolivia, Ghana, Indonesia, Iraq, Kenya, Malawi, Zimbabwe and South Africa. The focus is on the role of political parties in

  10. 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 ...

  11. The European Constitution: sovereignty, legitimacy and constituent power

    Directory of Open Access Journals (Sweden)

    Signe Larsen

    2014-06-01

    Full Text Available On the basis of Hannah Arendt’s and Carl Schmitt’s writings on the constituent power, this article sets out to develop an interpretative framework which would aid the understanding of the legitimation crisis of European integration initiated by the EU constitutional failure of 2004. The question raised in this essay is whether the successful establishment of democratic constitutional legitimacy is conditional upon the existence of a federal state. From the perspective of the constituent power, two opposing answers are given based on two rivalling notions of the ultimate meaning of constitutional politics: freedom and security. The article concludes that even though the EU as a case remains undecided, it seems likely that democracy and constitutional politics have parted ways in the EU both in the Arendtian and in the Schmittian sense. If that is the case, the constitutional crisis is a serious problem for the future of democracy in the EU.

  12. 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.

  13. 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

  14. Post-Revolution Constitutionalism: The Impact of Drafting Processes on the Constitutional Documents in Tunisia and Egypt

    OpenAIRE

    El-Sayed, Ahmed

    2014-01-01

    This paper seeks to address the constitutional paths that followed the Arab awakening in both Tunisia and Egypt. The Tunisian constitutional process, despite some tensions, was largely peaceful and consensual. On the other hand, the process in Egypt of establishing a new constitutional arrangement had been tumultuous with repercussions that are likely to linger on for a protracted period of time. Therefore, despite apparent resemblance in socio-political actors in both countries, (political I...

  15. RECONSTRUCTION THE AUTHORITY OF CONSTITUTIONAL COURT ON IMPEACHMENT PROCESS OF PRESIDENT AND/OR VICE PRESIDENT IN INDONESIAN CONSTITUTIONAL SYSTEM

    Directory of Open Access Journals (Sweden)

    Hezron Sabar Rotua Tinambunan

    2016-06-01

    Full Text Available In the process of impeachment, Constitutional Court has the obligation to give its judgement to House of Representatives’s opinion regarding allegation of violation by the President and/or Vice President. Constitutional Court checks and judges House of Representatives’s opinion on whether or not the President and/or Vice President works fulfill Article 7A of Constitution of Republic Indonesia 1945 (UUD NRI 1945. The inspection done by Constitutional Court is the judicial process whose decision is in the form of justisil. The result of this impeachment process heavily depends on the judgement of People's Consultative Assembly in its plenary meeting which is also a politics forum, where President and/or Vice President could be dismissed or not. Constitutional Court’s judgement does not apply to People's Consultative Assembly, hence, the difference of Constitutional Court and People's Consultative Assembly’s judgement in plenary meeting that is very political by its nature is very likely to happen. Involvement of Constitutional Court in the procss of impeachment is, of course, different in each country. It depends on governance system in that particular country, it also relies on how much authority that is given by Constitution to Constitutional Court in the process of impeachment itself.

  16. 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.

  17. Organic Law Of Judicial Guarantees And Constitutional Control

    Directory of Open Access Journals (Sweden)

    Ernesto López Freire

    2013-01-01

    Full Text Available This paper demonstrates the various unconstitutional and fallacies of the Organic Law of Judicial guarantees and Constitutional Control. For that, there will be a comprehensive collation between the mentioned law and the Constitution of the Republic of Ecuador and force. Through this analysis shows a lack of knowledge of Ecuadorian law or legal science by their authors. This study elucidated, inter alia, the inconsistencies in matters relating to the interpretation of constitutional provisions, full compensation, material and integral; challenge administrative acts, judicial unit.

  18. Controversial constitutive TSHR activity: patients, physiology, and in vitro characterization.

    Science.gov (United States)

    Huth, S; Jaeschke, H; Schaarschmidt, J; Paschke, R

    2014-06-01

    G protein-coupled receptors constitute a large family of transmembrane receptors, which activate cellular responses by signal transmission and regulation of second messenger metabolism after ligand binding. For several of these receptors it is known that they also signal ligand-independently. The G protein-coupled thyroid stimulating hormone receptor (TSHR) is characterized by a high level of constitutive activity in the wild type state. However, little is known yet concerning the physiological relevance of the constitutive wild type TSHR activity. Certainly, knowledge of the physiological relevance of constitutive wild type receptor activity is necessary to better understand thyroid physiology and it is a prerequisite for the development of better therapies for nonautoimmune hyperthyroidism and thyroid cancer. Based on a literature search regarding all published TSHR mutations, this review covers several mutations which are clearly associated with a hyperthyroidism-phenotype, but interestingly show a lack of constitutive activity determined by in vitro characterization. Possible reasons for the observed discrepancies between clinical phenotypes and in vitro characterization results for constitutive TSHR activity are reviewed. All current in vitro characterization methods for constitutive TSHR mutations are "preliminary attempts" and may well be revised by more comprehensive and even better approaches. However, a standardized approach for the determination of constitutive activity can help to identify TSHR mutations for which the investigation of additional signaling mechanisms would be most interesting to find explanations for the current clinical phenotype/in vitro discrepancies and thereby also define suitable methods to explore the physiological relevance of constitutive wild type TSHR activity. © Georg Thieme Verlag KG Stuttgart · New York.

  19. Multistate and phase change selection in constitutional multivalent systems.

    Science.gov (United States)

    Barboiu, Mihail

    2012-01-01

    Molecular architectures and materials can be constitutionally self-sorted in the presence of different biomolecular targets or external physical stimuli or chemical effectors, thus responding to an external selection pressure. The high selectivity and specificity of different bioreceptors or self-correlated internal interactions may be used to describe the complex constitutional behaviors through multistate component selection from a dynamic library. The self-selection may result in the dynamic amplification of self-optimized architectures during the phase change process. The sol-gel resolution of dynamic molecular/supramolecular libraries leads to higher self-organized constitutional hybrid materials, in which organic (supramolecular)/inorganic domains are reversibily connected.

  20. 12 CFR 552.5 - Bylaws.

    Science.gov (United States)

    2010-01-01

    ... submitted to the OTS for approval if it would: (A) Render more difficult or discourage a merger, tender...) Corporate governance procedures. A Federal stock association may elect to follow the corporate governance... body or bodies of law selected for its corporate governance procedures, and shall file a copy of such...

  1. Science popularization and the Indian constitution - Correspondence

    Digital Repository Service at National Institute of Oceanography (India)

    Varkey, M.J.

    mation System for Science and Techno logy (NISSAT), Central Health Education Bureau, Centre for Enviro n - ment Education, National Institute of Science Communication (NISCOM) and Science magazines like Science Reporter, Down to Earth, Resonance... the learning of science to their immediate social and physical environment. Schools, colleges and NGOs also co n - tribute considerably to popularization of science. CSIR laboratories are e x - pected to orga nize open days for the general public during...

  2. Constitution and structure of earth's mantle

    DEFF Research Database (Denmark)

    Zunino, Andrea; Khan, Amir; Cupillard, Paul

    2016-01-01

    the inaccessible parts of the Earth. Computation of physical properties using thermodynamic models is described and discussed, and an application of the joint inverse methodology is illustrated in a case study where mantle composition and thermal state beneath continental Australia is determined directly from...

  3. Sovereignty, globalization and the constitution of meaning

    Directory of Open Access Journals (Sweden)

    Farid Samir Benavides Vanegas

    2015-06-01

    Full Text Available In this essay I wish to show how law’s and the nation’s loss of sovereignty have meant the emergence of new sites of identity construction and how these new identities have become global due to the loss of centrality of the nation state as a place of meaning production. By analyzing the concept of sovereignty and its relation to the power of naming held by the State, and exercised through the law, I want to show how in a society of the spectacle that power is removed from the State and given to other places that can ensure passivity of viewers and thus the absence of resistance in the construction of meaning. This I will do by analyzing a Colombian soap opera and its handling of the concept of corruption to show legal meaning was overtaken by the one built in the media.

  4. Thermomechanical constraints and constitutive formulations in thermoelasticity

    Directory of Open Access Journals (Sweden)

    Baek S.

    2003-01-01

    Full Text Available We investigate three classes of constraints in a thermoelastic body: (i a deformation-temperature constraint, (ii a deformation-entropy constraint, and (iii a deformation-energy constraint. These constraints are obtained as limits of unconstrained thermoelastic materials and we show that constraints (ii and (iii are equivalent. By using a limiting procedure, we show that for the constraint (i, the entropy plays the role of a Lagrange multiplier while for (ii and (iii, the absolute temperature plays the role of Lagrange multiplier. We further demonstrate that the governing equations for materials subject to constraint (i are identical to those of an unconstrained material whose internal energy is an affine function of the entropy, while those for materials subject to constraints (ii and (iii are identical to those of an unstrained material whose Helmholtz potential is affine in the absolute temperature. Finally, we model the thermoelastic response of a peroxide-cured vulcanizate of natural rubber and show that imposing the constraint in which the volume change depends only on the internal energy leads to very good predictions (compared to experimental results of the stress and temperature response under isothermal and isentropic conditions.

  5. Youth Sexting: A Legislative and Constitutional Analysis

    Science.gov (United States)

    Spooner, Kallee; Vaughn, Michael

    2016-01-01

    One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically…

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

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    Are Islamic law, human rights and constitutionalism compatible? In answering this question, this paper first discusses the concept of modernity (understood in terms of rationality and standardization), analysing its abrupt implementation in the MENA countries and the role that the first modern...... 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...... to reconcile and which each claim exclusivity and hierarchical superiority. The paper advocates for a deconstruction of the ideas of human rights and constitutionalism in order to allow for the incorporation of elements of Muslim traditions, thus challenging the understanding of human rights...

  7. Globalisation, the development of constitutionalism and the ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ... legal systems of countries in terms of the level of protection afforded to employees ... South Africa has constitutionalised the right to fair labour practices and the question is ...

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

    African Journals Online (AJOL)

    [S]tate-owned investment fund composed of financial as- sets such as ..... by the managing director/chief executive officer, has the responsibility of ex- ecuting policies ...... The roles and responsibilities of the Future Fund Board of Guardians.

  9. Abnormal sex chromosome constitution and longitudinal growth

    DEFF Research Database (Denmark)

    Aksglaede, Lise; Skakkebaek, Niels E; Juul, Anders

    2008-01-01

    Growth is a highly complex process regulated by the interaction between sex steroids and the GH IGF-axis. However, other factors such as sex chromosome-related genes play independent roles.......Growth is a highly complex process regulated by the interaction between sex steroids and the GH IGF-axis. However, other factors such as sex chromosome-related genes play independent roles....

  10. Constitutional Liberty and the Progression of Punishment

    OpenAIRE

    Smith, Robert; Robinson, Zoe

    2018-01-01

    102 Cornell L. Rev. 413 (2017) The Eighth Amendment’s prohibition on cruel and unusual punishment has long been interpreted by scholars and judges to provide very limited protections for criminal defendants. This understanding of the Eighth Amendment claims that the prohibition is operationalized mostly to prevent torturous methods of punishment or halt the isolated use of a punishment practice that has fallen into long-term disuse. This Article challenges these assumptions. It argues that wh...

  11. AIDS: Administrative Decisions and Constitutional Rights.

    Science.gov (United States)

    Greenlaw, Paul S.; Kohl, John P.

    1993-01-01

    Review of case law in educational administration, hospitals, correctional institutions, and the military shows that, when risk of AIDS transmission is high, courts will support public sector administrators' decisions. Low risk means such decisions as mandatory blood testing will usually be struck down. (SK)

  12. Institutional independence and the constitutionality of legislation ...

    African Journals Online (AJOL)

    The test for determining whether judicial independence is safeguarded is an objective one based on public confidence in the structure of the court and the ... in the analysis of the application of the principles of judicial independence to specific legislative schemes where the structure of the tribunal thereby established had ...

  13. CIVIL DISOBEDIENCE, NON-VIOLENCE AND CONSTITUTIONAL ...

    African Journals Online (AJOL)

    conception of civil disobedience and two other forms of opposition to law, ... likely to cause destruction of property, bodily injury or physical death, will tend to ... the whole legal system, there is a prima facie case for submitting to the penalty fur.

  14. Democracy and the Symbolic Constitution of Society

    NARCIS (Netherlands)

    Lindahl, H.K.

    1998-01-01

    Abstract. Building on Cassirer's philosophy of symbolic forms, this paper argues that the continuities and discontinuities characterizing the passage from medieval politics to modern democracy can best be understood by reference to political power's symbolic structure. For the one, political power,

  15. 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

  16. Constitutive relationships and models in continuum theories of multiphase flows

    International Nuclear Information System (INIS)

    Decker, R.

    1989-09-01

    In April, 1989, a workshop on constitutive relationships and models in continuum theories of multiphase flows was held at NASA's Marshall Space Flight Center. Topics of constitutive relationships for the partial or per phase stresses, including the concept of solid phase pressure are discussed. Models used for the exchange of mass, momentum, and energy between the phases in a multiphase flow are also discussed. The program, abstracts, and texts of the presentations from the workshop are included

  17. 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.

  18. 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...

  19. 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.

  20. 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.

  1. 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.

  2. Revision of by-laws about effluents of EdF's nuclear power plants; Revision des arretes de rejets des centrales nucleaires d'EDF

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2002-07-01

    In France, in application of the clean water law from January 3, 1992 and since the decree 95-540 from May 4, 1995, each basic nuclear facility receives a single permission which covers both its water takes and its radioactive and non-radioactive effluents. This decree, initially dedicated to new facilities has been enlarged to all existing installations for which the prefectorial by-laws have reached their date-line. Thus, up to now, five inter-ministerial by-laws have renewed the permissions of water takes and effluents evacuation of the power plants of Saint-Laurent-des-Eaux (Loir-et-Cher), Flamanville (Manche), Paluel (Seine-Maritime), Belleville (Cher) and Saint-Alban (Isere). These by-laws foresee an important abatement of the effluents and concern more particularly the tritium, {sup 14}C, the iodine isotopes and also some other non-radioactive chemical compounds. This document is a compilation of all revised by-laws about effluents and concerning the nuclear power plants listed above. (J.S.)

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. Collection of regulatory texts relative to radiation protection. Part 2: by-laws, decisions, non-codified decrees / Collection of legal and statutory provisions relative to radiation protection. Part 2: by-laws and decisions taken in application of the Public Health Code and Labour Code concerning the protection of populations, patients and workers against the risks of ionizing radiations

    International Nuclear Information System (INIS)

    Rivas, Robert; Feries, Jean; Marzorati, Frank; Chevalier, Celine; Lachaume, Jean-Luc

    2012-01-01

    This second part gathers texts extracted from the Public Health Code and related to ionizing radiations (general measures for the protection of the population, exposure to natural radiations, general regime of authorizations and declarations, purchase, retailing, importation, exportation, transfer and elimination of radioactive sources, protection of persons exposed to ionizing radiations for medical or forensics purposes, situations of radiological emergency and of sustained exposure to ionizing radiations, control), to the safety of waters and food products, and to the control of medical devices, to the protection of patients. It also contains extracts for the Labour Code related to workers protection. This document is an update of the previous version from March 2011

  9. Enacting and Re-Enacting the Constitution of Development

    DEFF Research Database (Denmark)

    Brønnum, Louise; Clausen, Christian

    2015-01-01

    Many companies find it difficult to enable radical innovation within the organization and its structure. The problem is described by many and tried solved by proposing of new development tools and processes or applying a different organizational structure and culture. This paper presents a case...... study that will show how there in a development company exits a constitution of development. This constitution of development is perceived as a set of development rules and guidelines that are implicitly enacted by the employees and for certain development opportunities. Through the case study we...... will present different strategies for re-enactment of the constitution of development that frame for alternative development spaces with perceived different rules, and therefor make space for the development of a more radical nature....

  10. 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

  11. The leniency agreement: ananalysis of constitutional compatibility and legitimacy

    Directory of Open Access Journals (Sweden)

    Marlon roberth sales

    2015-12-01

    Full Text Available The scope of this study is to analyze the institution of the Leniency Agreement, notably under the light of theAnticorruption Law provision (Law 12.846 of 2013and theRegulatory Decree 8.420 of 2015. At first, the leniency agreement will be widely studied, mainly within the North American system to, simultaneously, investigate it in the contextof the Anticorruption law. Next, its possible (in constitutionality will be refuted. Then, a parallel between Leniency Agreements and the dialogic Public Administration will be made, based on Habermas discursive theory. Finally, it will show that the Leniency Agreement constitutes a legitimate constitutional tool and, in addition, it configures as an effective consensual mechanism to fight corruption in a democratic soil.

  12. 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

  13. CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

    Directory of Open Access Journals (Sweden)

    Yuliya Nadtochey

    2017-01-01

    Full Text Available The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of this conflict.The methodology of this research consists of universal methods (such as analysis, synthesis, comparison and jurisprudence-specific methods.In the course of research, the author used various theoretical sources, ECHR case-law and decisions of various national Constitutional Courts.Results. At this point of time, there are many theories that try to explain the relationship between international and national law. But their functioning can be observed only in practice. Many jurisdictions adhere to the concept of Dualism.National Constitutional courts may perceive legal opinions in two different ways: adhere to the legal opinion of ECHR or reach a different conclusion, different to that of ECHR.Because national Constitutional courts and ECHR employ different systems for establishing whether rights of the claimant were violated or not, courts may give more weight to the different factors.In the article, the author focuses attention on such reason of the conflict as justification for limitation of one's rights.Conclusions. Conflict of legal opinions of ECHR and national Constitutional courts is of axiological nature. Conflict per se does not imply that a given national government decided to breach its international obligations. Because of subsidiary nature of ECHR protection, conflicts is rather an exception that could be dealt with than a rule.

  14. 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.

  15. 'The new constitutionalism': The global, the postcolonial and the ...

    African Journals Online (AJOL)

    the Western Cape and Stellenbosch, and by the Research Unit for Legal and Constitu- .... tained fixity fail, but that very failure, that lack of and in language, makes ... really the English, constitution, that it has somehow existed immemori- ...... Lawson G Negotiated revolutions: The Czech Republic, South AJrica and Chile.

  16. 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

  17. Constitutional judge and presidential reelection in Latin America

    Directory of Open Access Journals (Sweden)

    Ernesto Cárdenas

    2018-04-01

    Full Text Available Constitutional provisions regarding presidential re-election have been modified in several Latin American countries in recent years. In some countries, these changes put the existence of democracy at risk. This article uses the principal-agent approach to analyze the role of the constitutional judge in presidential re-election as an accountability mechanism. It finds that immediate reelection in democracies of strong presidentialism can be a perverse mechanism that sharpens the concentration of power and deteriorates the welfare of the citizens instead of making politicians accountable.

  18. Constitutional Crowdsourcing to Reconcile Demos with Aristos and Nomos

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2017-01-01

    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....... The final segment of the paper aims to obtain different elements to improve the constitutional crowdsourcing to be considered in future constituent processes around the world. From a formal perspective the paper simulates a judgment between a Plaintiff Demos (representing “We the People” the entitled...

  19. 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...

  20. 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.

  1. “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

  2. State Constitution Revision: An Exercise in Federalism and Sovereignty.

    Science.gov (United States)

    Myers, J. A.

    1988-01-01

    Discusses classroom activities designed to enhance student learning about federalism and sovereignty. Describes classroom discussions on jurisdiction, federalism, and sovereignty generated by asking students to clarify the constitutional section referring to the Writ of Habeas Corpus. Concludes that this exercise clarifies the concepts and…

  3. Extended irreversible thermodynamics and the Jeffreys type constitutive equations

    International Nuclear Information System (INIS)

    Serdyukov, S.I.

    2003-01-01

    A postulate of extended irreversible thermodynamics is considered, according to which the entropy density is a function of the internal energy, the specific volume, and their material time derivatives. On the basis of this postulate, entropy balance equations and phenomenological equations are obtained, which directly lead to the Jeffreys type constitutive equations

  4. Polynomial constitutive model for shape memory and pseudo elasticity

    International Nuclear Information System (INIS)

    Savi, M.A.; Kouzak, Z.

    1995-01-01

    This paper reports an one-dimensional phenomenological constitutive model for shape memory and pseudo elasticity using a polynomial expression for the free energy which is based on the classical Devonshire theory. This study identifies the main characteristics of the classical theory and introduces a simple modification to obtain better results. (author). 9 refs., 6 figs

  5. 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)

  6. 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.

  7. 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.

  8. 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

  9. 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 ...

  10. 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.

  11. Social pacts and Constitutional Justice: A comparative approach between Korea and Colombia.

    Directory of Open Access Journals (Sweden)

    Rodrigo González Quintero

    2011-12-01

    Full Text Available During the last quarter of the twentieth century, new constitutions were adopted in South Korea and Colombia and these documents established constitutional courts. Thus, under specific circumstances of institutional crisis, two societies and their leaders embraced the task of overcoming said crisis through the enactment of a new constitution. The establishment of constitutional courts entailed the validity towards the future of the reached constitutional consensus,as the successful way to surpass the prior crisis. The new constitutions at our countries are perceived as the reformulation of the social compact, and the constitutional courts play a constant and noteworthy function as they actualize said democratic-constitutional compact.

  12. Dynamic nanoplatforms in biosensor and membrane constitutional systems.

    Science.gov (United States)

    Mahon, Eugene; Aastrup, Teodor; Barboiu, Mihail

    2012-01-01

    Molecular recognition in biological systems occurs mainly at interfacial environments such as membrane surfaces, enzyme active sites, or the interior of the DNA double helix. At the cell membrane surface, carbohydrate-protein recognition principles apply to a range of specific non-covalent interactions including immune response, cell proliferation, adhesion and death, cell-cell interaction and communication. Protein-protein recognition meanwhile accounts for signalling processes and ion channel structure. In this chapter we aim to describe such constitutional dynamic interfaces for biosensing and membrane transport applications. Constitutionally adaptive interfaces may mimic the recognition capabilities intrinsic to natural recognition processes. We present some recent examples of 2D and 3D constructed sensors and membranes of this type and describe their sensing and transport capabilities.

  13. 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

  14. 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.

  15. Elements of Constitutive Modelling and Numerical Analysis of Frictional Soils

    DEFF Research Database (Denmark)

    Jakobsen, Kim Parsberg

    of a constitutive model for soil is based on a profound knowledge of the soil behaviour upon loading. In the present study it is attempted to get a better understanding of the soil behaviour bv performing a number of triaxial compression tests on sand. The stress-strain behaviour of sand depends strongly......This thesis deals with elements of elasto-plastic constitutive modelling and numerical analysis of frictional soils. The thesis is based on a number of scientific papers and reports in which central characteristics of soil behaviour and applied numerical techniques are considered. The development...... and subsequently dilates during shear. The change in the volumetric behaviour of the soil skeleton is commonly referred to as the characteristic state. The stress ratio corresponding to the characteristic state is independent of the mean normal effective stress and the relative density, but depends on the stress...

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

    Science.gov (United States)

    Kim, Jong Yeol; Pham, Duong Duc; Koh, Byung Hee

    2011-01-01

    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. PMID:21949669

  18. Constitutive model and electroplastic analysis of structures under cyclic loading

    International Nuclear Information System (INIS)

    Wang, X.; Lei, Y; Du, Q.

    1989-01-01

    Many engineering structures in nuclear reactors, thermal power stations, chemical plants and aerospace vehicles are subjected to cyclic mechanic-thermal loading, which is the main cause of structural fatigue failure. Over the past twenty years, designers and researchers have paid great attention to the research on life prediction and elastoplastic analysis of structures under cyclic loading. One of the key problems in elastoplastic analysis is to construct a reasonable constitutive model for cyclic plasticity. In the paper, the constitutive equations are briefly outlined. Then, the model is implemented in a finite element code to predict the response of cyclic loaded structural components such as a double-edge-notched plate, a grooved bar and a nozzle in spherical shell. Numerical results are compared with those from other theories and experiments

  19. 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.

  20. 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.

  1. International law, constitutional law, and public support for torture

    Directory of Open Access Journals (Sweden)

    Adam S Chilton

    2016-03-01

    Full Text Available The human rights movement has spent considerable energy developing and promoting the adoption of both international and domestic legal prohibitions against torture. Empirical scholarship testing the effectiveness of these prohibitions using observational data, however, has produced mixed results. In this paper, we explore one possible mechanism through which these prohibitions may be effective: dampening public support for torture. Specifically, we conducted a survey experiment to explore the impact of international and constitutional law on public support for torture. We found that a bare majority of respondents in our control group support the use of torture, and that presenting respondents with arguments that this practice violates international law or constitutional law did not produce a statistically significant decrease in support. These findings are consistent with prior research suggesting, even in democracies, that legal prohibitions on torture have been ineffective.

  2. 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.

  3. 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.

  4. 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

  5. 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.

  6. Metacarpal index in Marfan's syndrome and in constitutional tall stature.

    OpenAIRE

    Nelle, M; Tröger, J; Rupprath, G; Bettendorf, M

    1994-01-01

    The metacarpal index (MCI) in 54 children with constitutional tall stature was mean (SD) 8.65 (0.8) and in 55 with Marfan's syndrome 9.15 (0.9). Indices in both groups showed arachnodactyly and differed from those found in normal individuals (< 7.9). Because the MCI is a poor discriminator patients with tall stature or clinical signs of arachnodactyly should be examined for additional signs of Marfan's syndrome or other hereditary disorders of connective tissue.

  7. Brazilian Constitution and the Fundamental Right to Sanitation

    OpenAIRE

    Michely Vargas Delpupo; José Geraldo Romanello Bueno

    2015-01-01

    The right to basic sanitation, was elevated to the category of fundamental right by the Constitution of 1988 to protect the ecologically balanced environment, ensuring social rights to health and adequate housing and put the dignity of the human person as the foundation of the Brazilian Democratic State. Before their essentiality to humans, this article seeks to understand why universal access to basic sanitation is a goal so difficult to achieve in Brazil. Therefore, thi...

  8. 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.

  9. Formation of tungsten blue oxide and its phase constitution

    International Nuclear Information System (INIS)

    Zou, Z.; Wu, E.; Tan, A.; Qian, C.

    1984-01-01

    By means of X-ray diffraction structure analysis, SEM observation, chemical analysis and particle specific surface analysis etc., an investigation was made in order to determine the regularity of tungsten blue oxide formation during reductional calcine process of APT. It was found that the oxygen index (OI) decreased continuously with increasing calcine temperature. The decrease rate of OI variated as the calcine atmosphere being changed, the stronger the reductivity of the atmosphere is, the more OI decreases. The deammonia-dewater process and the phase constitution variation during calcine was studied, some idea for description of phase transformation path was suggested. It was found that the most important parameter affecting phase constitution and transformation is calcine temperature. At the temperature lower than 450 0 C, the main formed phase was ATB, while at higher temperature, the different phase like W/sub 20/O/sub 58/, WO/sub 3/ etc., could be formed by different ways depending on the atmosphere reductivity. The composition and the OI of ATB are changeable. An experiment for some blue oxides reduction at low temperature was carried out. It was found that OI and the constitution of blue oxide strongly affected the particle size of the formed W-powder

  10. 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.

  11. Traditional Chinese Medicine and Constitutional Medicine in China, Japan and Korea: A Comparative Study.

    Science.gov (United States)

    Yu, Wenjun; Ma, Mingyue; Chen, Xuemei; Min, Jiayu; Li, Lingru; Zheng, Yanfei; Li, Yingshuai; Wang, Ji; Wang, Qi

    2017-01-01

    Traditional Chinese medicine (TCM), Japanese-Chinese medicine, and Korean Sasang constitutional medicine have common origins. However, the constitutional medicines of China, Japan, and Korea differ because of the influence of geographical culture, social environment, national practices, and other factors. This paper aimed to compare the constitutional medicines of China, Japan, and Korea in terms of theoretical origin, constitutional classification, constitution and pathogenesis, clinical applications and basic studies that were conducted. The constitutional theories of the three countries are all derived from the Canon of Internal Medicine or Treatise on Febrile and Miscellaneous Diseases of Ancient China. However, the three countries have different constitutional classifications and criteria. Medical sciences in the three countries focus on the clinical applications of constitutional theory. They all agree that different pathogenic laws that guide the treatment of diseases govern different constitutions; thus, patients with different constitutions are treated differently. The three countries also differ in terms of drug formulations and medication. Japanese medicine is prescribed only based on constitution. Korean medicine is based on treatment, in which drugs cannot be mixed. TCM synthesize the treatment model of constitution differentiation, disease differentiation and syndrome differentiation with the treatment thought of treating disease according to three categories of etiologic factors, which reflect the constitution as the characteristic of individual precision treatment. In conclusion, constitutional medicines of China, Japan, and Korea have the same theoretical origin, but differ in constitutional classification, clinical application of constitutional theory on the treatment of diseases, drug formulations and medication.

  12. 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

  13. 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 ... Insight was drawn from international legal instrument on the subject. ... However, the repudiation of the supremacy of the Constitution by Islamic law ...

  14. Constitutive Theories of Self-Knowledge and the Regress Problem ...

    African Journals Online (AJOL)

    ... on the other hand, hold that self-knowledge is constitutive of intentional states. That is, self-ascription is a necessary condition for being in a particular mental state. Akeel Bilgrami is a defender of the constitutive model. I argue that the constitutive model gives rise to a regress problem. This paper will focus on that problem ...

  15. 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

  16. The Constitution of the Moldavian Parliament Structural and Functional Evolution

    Directory of Open Access Journals (Sweden)

    Ilie Gîrneț

    2013-08-01

    Full Text Available In Moldova, as in other former Soviet Republics, the Parliament is a creation of social practice, a result of the dissolution of the Soviet Union. Based on these beliefs, we can agree that the need for such research is justified. Parliamentarism as a form of government and political influence in studies of both historical and contemporary points of view is a subject of this presentation. From this point of view, in the modern world, we are increasingly seeing a persistent manifestation of democratic functioning and organization of power, based on the fundamental principles of law. The Constitution of the Republic of Moldova is that country's supreme law.

  17. Theoretical and experimental investigations of a thermoplastic constitutive law

    Science.gov (United States)

    Zdebel, U.

    1984-12-01

    A thermoplastic constitutive law allowing combinations of isotropic and kinematic hardening as well as deviations from the normality rule was examined. Since the energy balance for thermomechanical processes is taken into account, the consistent connection to thermodynamic laws is guaranteed. The experimental verification of material parameters is described; it is performed by isothermal tension-torsion tests on thin-walled tubes at different temperatures. The materials functions allow the extension to nonisothermal (adiabatic) processes. The comparison between theoretical and exprimental results is not entirely satisfactory and demonstrates the remaining inconsistencies. Suggestions which could lead to a better description of the behavior of elastoplastic materials are made.

  18. The Arab Spring: An Essay on Revolution and Constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni; Tushnet, Mark

    Approaching the concept of Islamic constitutionalism from a comparative perspective, this thought-provoking study by Antoni Abat i Ninet and Mark Tushnet uses traditional Western political theory as a lens to develop a framework for analyzing the events known as the ‘Arab Spring’. Writing...... with clarity and insight, the authors place Western and Arabic traditions into a constructive dialogue. They focus on whether we can develop a ‘theory of revolutions’ that helps us understand events occurring at divergent times at geographically separate locations....

  19. 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

  20. Globalisation, the development of constitutionalism and the individual employer

    Directory of Open Access Journals (Sweden)

    K Calitz

    2007-11-01

    Full Text Available To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements. There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on this aspect the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law. In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa

  1. 77 FR 57981 - Constitution Day and Citizenship Day, Constitution Week, 2012

    Science.gov (United States)

    2012-09-18

    ... than two centuries, our country has drawn enterprising men and women from around the world--individuals.... Across our country, Americans are working side- by-side with our Nation's newest citizens to build strong...

  2. Libery, Order and Justice: An Introduction to the Constitutional Principles of American Government.

    Science.gov (United States)

    McClellan, James

    This publication on the constitutional principles of the U.S. Government consists of the textbook and teacher's guide. The textbook begins with a review of constitutionalism in antiquity, in early modern England, and in colonial America. Following sections outline the constitutional convention in Philadelphia, the principles of the constitution,…

  3. Constitutive Soil Properties for Mason Sand and Kennedy Space Center

    Science.gov (United States)

    Thomas, Michael A.; Chitty, Daniel E.

    2011-01-01

    Accurate soil models are required for numerical simulations of land landings for the Orion Crew Exploration Vehicle (CEV). This report provides constitutive material models for two soil conditions at Kennedy Space Center (KSC) and four conditions of Mason Sand. The Mason Sand is the test sand for LaRC s drop tests and swing tests of the Orion. The soil models are based on mechanical and compressive behavior observed during geotechnical laboratory testing of remolded soil samples. The test specimens were reconstituted to measured in situ density and moisture content. Tests included: triaxial compression, hydrostatic compression, and uniaxial strain. A fit to the triaxial test results defines the strength envelope. Hydrostatic and uniaxial tests define the compressibility. The constitutive properties are presented in the format of LSDYNA Material Model 5: Soil and Foam. However, the laboratory test data provided can be used to construct other material models. The soil models are intended to be specific to the soil conditions they were tested at. The two KSC models represent two conditions at KSC: low density dry sand and high density in-situ moisture sand. The Mason Sand model was tested at four conditions which encompass measured conditions at LaRC s drop test site.

  4. Micromechanics and constitutive modeling of connective soft tissues.

    Science.gov (United States)

    Fallah, A; Ahmadian, M T; Firozbakhsh, K; Aghdam, M M

    2016-07-01

    In this paper, a micromechanical model for connective soft tissues based on the available histological evidences is developed. The proposed model constituents i.e. collagen fibers and ground matrix are considered as hyperelastic materials. The matrix material is assumed to be isotropic Neo-Hookean while the collagen fibers are considered to be transversely isotropic hyperelastic. In order to take into account the effects of tissue structure in lower scales on the macroscopic behavior of tissue, a strain energy density function (SEDF) is developed for collagen fibers based on tissue hierarchical structure. Macroscopic response and properties of tissue are obtained using the numerical homogenization method with the help of ABAQUS software. The periodic boundary conditions and the proposed constitutive models are implemented into ABAQUS using the DISP and the UMAT subroutines, respectively. The existence of the solution and stable material behavior of proposed constitutive model for collagen fibers are investigated based on the poly-convexity condition. Results of the presented micromechanics model for connective tissues are compared and validated with available experimental data. Effects of geometrical and material parameters variation at microscale on macroscopic mechanical behavior of tissues are investigated. The results show that decrease in collagen content of the connective tissues like the tendon due to diseases leads 20% more stretch than healthy tissue under the same load which can results in connective tissue malfunction and hypermobility in joints. Copyright © 2016 Elsevier Ltd. All rights reserved.

  5. Modeling of rock friction 1. Experimental results and constitutive equations

    International Nuclear Information System (INIS)

    Dieterich, J.H.

    1979-01-01

    Direct shear experiments on ground surfaces of a granodiorite from Raymond, California, at normal stresses of approx.6 MPa demonstrate that competing time, displacement, and velocity, effects control rock friction. It is proposed that the strength of the population of points of contacts between sliding surfaces determines frictional strength and that the population of contacts changes continuously with displacements. Previous experiments demonstrate that the strength of the contacts increases with the age of the contacts. The present experiments establish that a characteristic displacement, proportional to surface roughness, is required to change the population of contacts. Hence during slip the average age of the points of contact and therefore frictional strength decrease as slip velocity increases. Displacement weakening and consequently the potential for unstable slip occur whenever displacement reduces the average age of the contacts. In addition to this velocity dependency, which arises from displacement dependency and time dependency, the experiments also show a competing but transient increase in friction whenever slip velocity increases. Creep of the sliding surface at stresses below that for steady state slip also observed. Constitutive relationships are developed that permit quantitative simulation of the friction versus displacement data as a function of surface roughness and for different time and velocity histories. Unstable slip in experiments is controlled by these constitutive effects and by the stiffness of the experimental system. It is argued that analogous properties control earthquake instability

  6. Narrative self-constitution and vulnerability to co-authoring.

    Science.gov (United States)

    McConnell, Doug

    2016-02-01

    All people are vulnerable to having their self-concepts shaped by others. This article investigates that vulnerability using a theory of narrative self-constitution. According to narrative self-constitution, people depend on others to develop and maintain skills of self-narration and they are vulnerable to having the content of their self-narratives co-authored by others. This theoretical framework highlights how vulnerability to co-authoring is essential to developing a self-narrative and, thus, the possibility of autonomy. However, this vulnerability equally entails that co-authors can undermine autonomy by contributing disvalued content to the agent's self-narrative and undermining her authorial skills. I illustrate these processes with the first-hand reports of several women who survived sexual abuse as children. Their narratives of survival and healing reveal the challenges involved in (re)developing the skills required to manage vulnerability to co-authoring and how others can help in this process. Finally, I discuss some of the implications of co-authoring for the healthcare professional and the therapeutic relationship.

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

    Directory of Open Access Journals (Sweden)

    Michael Seiter

    Full Text Available 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.

  8. Constructing constitutive relationships for seismic and aseismic fault slip

    Science.gov (United States)

    Beeler, N.M.

    2009-01-01

    For the purpose of modeling natural fault slip, a useful result from an experimental fault mechanics study would be a physically-based constitutive relation that well characterizes all the relevant observations. This report describes an approach for constructing such equations. Where possible the construction intends to identify or, at least, attribute physical processes and contact scale physics to the observations such that the resulting relations can be extrapolated in conditions and scale between the laboratory and the Earth. The approach is developed as an alternative but is based on Ruina (1983) and is illustrated initially by constructing a couple of relations from that study. In addition, two example constitutive relationships are constructed; these describe laboratory observations not well-modeled by Ruina's equations: the unexpected shear-induced weakening of silica-rich rocks at high slip speed (Goldsby and Tullis, 2002) and fault strength in the brittle ductile transition zone (Shimamoto, 1986). The examples, provided as illustration, may also be useful for quantitative modeling.

  9. On some constitutive equations for inelastic materials and their application

    International Nuclear Information System (INIS)

    Valeva, V.V.; Karagiozova, D.D.; Baltov, A.A.; Hadjikov, L.M.

    1987-01-01

    The problems of the mechano-mathematical modelling of the behaviour of materials under irradiation become more topical with development of atomic energetics. Many protective and technological structures could be subjected to irradiation in case of operation or average. The irradiation affects the process of deformation by causing inelastic swelling of materials, it affects their physico-mechanical properties, i.e. it changes their elastic, plastic, viscous, thermal, etc. properties. This effect varies depending on the material. Due to this reason it is very important to indicate exactly the class of materials for which a mechano-mathematical model is created. Grounding on the analysis of experimental data about the behaviour of different types of steel used in nuclear reactors and on the existing models, the present paper proposes constitutive equations for inelastic materials which account temperature, strain rate and radiation effects. The thermodynamic theory of systems with internal state parameters is utilized and for the description of the radiation effects two scalar parameters are introduced - dose φ r and temperature θ r of irradiation. Problem of the behaviour of irradiated structure element in stress concentrator zone is solved on the basis of these constitutive equations and of Boundary Element Method (BEM). (orig.)

  10. Creep mechanisms and constitutive relations in pure metals

    International Nuclear Information System (INIS)

    Nix, W.D.

    1979-01-01

    The mechanisms of creep of pure metals is briefly reviewed and divided into two parts: steady state flow mechanisms, and non-steady state flow mechanisms and constitutive relations. Creep by diffusional flow is now reasonably well understood, with theory and experiment in good agreement. The closely related phenomenon of Harper--Dorn creep can also be understood in terms of diffusion between dislocations. Power law creep involves the climb of edge disloctions controlled by lattice self diffusion. Theoretical treatments of this process invariably give a power law exponent of 3. This natural creep law is compared with the data for FCC and BCC metals. It is suggested that diffusion controlled climb is the controlling process in BCC metals at very high temperatures. Stacking fault energy effects may preclude the possibility that creep is controlled entirely by lattice self diffusion in some FCC metals. The subject of power law breakdown is presented as a natural consequence of the transition to low temperature flow phenomena. The role of core diffusion in this transition is briefly discussed. The mechanisms are presented by which pure metals creep at elevated temperatures. While most of this review deals with the mechanisms of steady state flow, some discussion is devoted to creep flow under non-steady state conditions. This topic is discussed in connection with the development of constitutive equations for describing plastic flow in metals

  11. Phrenology, heredity and progress in George Combe's Constitution of Man.

    Science.gov (United States)

    Jenkins, Bill

    2015-09-01

    The Constitution of Man by George Combe (1828) was probably the most influential phrenological work of the nineteenth century. It not only offered an exposition of the phrenological theory of the mind, but also presented Combe's vision of universal human progress through the inheritance of acquired mental attributes. In the decades before the publication of Darwin's Origin of Species, the Constitution was probably the single most important vehicle for the dissemination of naturalistic progressivism in the English-speaking world. Although there is a significant literature on the social and cultural context of phrenology, the role of heredity in Combe's thought has been less thoroughly explored, although both John van Wyhe and Victor L. Hilts have linked Combe's views on heredity with the transformist theories of Jean-Baptiste Lamarck. In this paper I examine the origin, nature and significance of his ideas and argue that Combe's hereditarianism was not directly related to Lamarckian transformism but formed part of a wider discourse on heredity in the early nineteenth century.

  12. [Comparative research into the process of forming the theory of constitution in ancient western medicine and that of four trigrams constitution in Korean medicine and contents of two theories of constitution].

    Science.gov (United States)

    Park, Joo-Hong

    2009-06-01

    After conducting comparative research into the process of forming the Theory of Constitution in Ancient Western Medicine and that of Four Trigrams Constitution(Sasang Constitution) in Korean Medicine and contents of two Theories of Constitution in terms of medical history, both theories were found to be formed by an interaction between philosophy and medicine, followed by a combination of the two, on a philosophical basis. The Theory of Constitution in Ancient Western Medicine began with the Theory of Four Elements presented by Empedocles, followed by the Theory of Four Humors presented by Hippocrates and the Theory of Four Temperaments by Galenos, forming and developing the Theory of Constitution. After the Middle Ages, there was no significant advance in the Theory of Constitution by modern times ; however, it developed into the theory of constitution type of Kretschmer and others after the 19th century and into the scientific theory of constitution based on genetics presented by Garrod and others early in the 20th century. The Theory of Four Trigrams Constitution began with the Theory of Constitution in Huangdi Neijing, followed by developments and influences of existing medicine called beginning, restoration, and revival periods and DongeuisoosebowonSaSangChoBonGwon based on the original philosophy of Four Trigrams presented by Lee Je-ma, which is found in GyeokChiGo, DongMuYuGo and so on, ultimately forming and developing into the Theory of Four Trigrams Constitution in Dongeuisoosebowon. Recently, a lot of research is being conducted into making it objective in order to achieve reproducibility in diagnosis and so forth of Four Trigrams Constitution.

  13. Constitutional Conservatism

    Science.gov (United States)

    Berkowitz, Peter

    2009-01-01

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

  14. African Customary laws and the new constitution of the post ...

    African Journals Online (AJOL)

    ... of the state can be seen to be in conflict with values of majority, within the society. In the case of this article, those of the African majority versus various rights of the minorities as guaranteed in the Constitution. Keywords: Constitution, Bill of Rights, Human Rights, Gays, Lesbian, Civil Union Act, homophobia, Social Policy.

  15. 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.

  16. 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.

  17. An approach to constitutional delay of growth and puberty

    Directory of Open Access Journals (Sweden)

    Ashraf T Soliman

    2012-01-01

    Full Text Available Constitutional delay of growth and puberty is a transient state of hypogonadotropic hypogonadism associated with prolongation of childhood phase of growth, delayed skeletal maturation, delayed and attenuated pubertal growth spurt, and relatively low insulin-like growth factor-1 secretion. In a considerable number of cases, the final adult height (Ht does not reach the mid-parental or the predicted adult Ht for the individual, with some degree of disproportionately short trunk. In the pre-pubertal male, testosterone (T replacement therapy can be used to induce pubertal development, accelerate growth and relieve the psychosocial complaints of the adolescents. However, some issues in the management are still unresolved. These include type, optimal timing, dose and duration of sex steroid treatment and the possible use of adjunctive or alternate therapy including: oxandrolone, aromatase inhibitors and human growth hormone.

  18. Constitutive and Stability Behavior of Soils in Microgravity Environment

    Science.gov (United States)

    Alshibli, Khalid A.; Sture, Stein; Costes, Nicholas

    2000-01-01

    All aspects of soil stability, bearing capacity, slope stability, the supporting capacity of deep foundations, and penetration resistance depend on soil strength. The stress-deformation and stress-deformation-time behavior of soils are of importance in any problem where ground movements are of interest. In most engineering materials, the strength is derived from internal chemical and physico-chemical forces of interaction, which bond the atoms, molecules, and particles together. In soils, the constitutive relations are mainly derived from interparticle friction between particles and particle groups and dilatancy, and to a lesser extent from particle bonding by weak electrostatic, physico-chemical, and coulomb forces. For engineering purposes, soils are classified as cohesive (clays and silts; typical particle sizes range from 10 nm to 10 micrometers) and cohesionless (sand and gravel; typical particle sizes range from 10 micrometers to 75 mm). The mechanical or constitutive properties of cohesionless soils or granular materials are highly fabric-dependent, highly non-linear, and non-conservative with engineering properties primarily depending on the effects of gravity through self-weight and on the tractions or forces applied to the soil mass. Under moderate-to-high stress levels, the influence of gravity on the behavior of laboratory test specimens may not be pronounced and, therefore, the test results in terrestrial (1-g) environment may be sufficiently conclusive. However at low interparticle stresses, which can result either from low applied (confining) stresses or from excess pore fluid pressures developed within the soil mass without corresponding changes in the applied stresses, the presence of gravitational body forces acting on solid particles and interstitial fluids exerts a pronounced influence on movement of individual particles or particle groups. Such motions, in turn, cause changes in soil fabric which results in significant changes in the

  19. Theological Reform, Bernhardt Varenius and the Constitution of Geographic Science

    Directory of Open Access Journals (Sweden)

    Antonio Carlos Vitte

    2013-06-01

    Full Text Available This article seeks to demonstrate that the relationship among science and religion has been of great importance for the development of a mechanical conception of nature since the seventeenth century that was by the Protestant Reform. Such reform has led to the desecration of the Nature, the formation of a mechanical conception of it, including a strong imaginative and practical component which conducted to the construction of the telescope and the microscope, furthermore the innovations in chemistry and medicine. In this context the geographic work of Bernhardt Varenius started the modern geographical thought due to the reflection on the empirical validity of the works of Galileo Galilei, Kepler and Descartes. Varenius understood the surface of as an articulated set of different areas identified by each part that constitutes the product of a complex crossroads between culture,religion and nature.

  20. Constitutional and legal protection for life support limitation in India

    Directory of Open Access Journals (Sweden)

    R K Mani

    2015-01-01

    Full Text Available Appropriate treatment limitations towards the end of life to reduce unwanted burdens require ethical clarity that is supported by appropriate legislation. The lack of knowledge of enabling legal provisions, physicians feel vulnerable to legal misinterpretation of treatment limiting decisions. In India the lack of societal awareness, inadequate exploration of the gray areas of bio-ethics and unambiguous legal position relating to terminal illness have resulted in poor quality end of life care. Much of the perceived vulnerability by the physician is attributable to insufficient knowledge and understanding of existing constitutional and legal position in India. While we await informed legal and legislative opinion, this paper highlights possible legal liabilities arising from treatment limitation decisions with available defense. It is hoped that such clarity would lead to more confident ethical decisions and improved end of life care for patients.

  1. A thermodynamically and microscopically motivated constitutive model for piezoceramics

    International Nuclear Information System (INIS)

    Kamlah, M.; Wang, Z.

    2003-07-01

    This progress report presents a thermodynamically and microscopically motivated constitutive model for piezoceramics within the framework of a research project supported by the Deutsche Forschungsgemeinschaft. This project is aimed at developing a finite element tool for the analysis of piezoceramic components taking into account the full range of large signal electromechanical hysteresis effects exhibited by these materials. Such a tool is necessary for the stress analysis being the basis for a reliability assessment of piezoceramic devices subject to domain switching processes. In a first step, the hysteresis phenomena of piezoceramics and their microscopic origin were discussed, and the phenomena to be described were selected. Concerning the balance laws, the simplest form consisting of balance of momentum and Gauss' Law was derived by physically motivated assumptions step by step from nonlinear thermomechanics and Maxwell's Equations. Revision of the current literature revealed that a commonly accepted thermodynamic framework for phenomenological modeling has been established in the international scientific discussion. (orig.)

  2. Numerical and physical testing of upscaling techniques for constitutive properties

    International Nuclear Information System (INIS)

    McKenna, S.A.; Tidwell, V.C.

    1995-01-01

    This paper evaluates upscaling techniques for hydraulic conductivity measurements based on accuracy and practicality for implementation in evaluating the performance of the potential repository at Yucca Mountain. Analytical and numerical techniques are compared to one another, to the results of physical upscaling experiments, and to the results obtained on the original domain. The results from different scaling techniques are then compared to the case where unscaled point scale statistics are used to generate realizations directly at the flow model grid-block scale. Initital results indicate that analytical techniques provide upscaling constitutive properties from the point measurement scale to the flow model grid-block scale. However, no single analytic technique proves to be adequate for all situations. Numerical techniques are also accurate, but they are time intensive and their accuracy is dependent on knowledge of the local flow regime at every grid-block

  3. Subjectivity, individuality and singularity in children: a socially constituted subject

    Directory of Open Access Journals (Sweden)

    Alessandra Del Ré

    2012-11-01

    Full Text Available Considering the hypothesis that Bakhtin and his Circle‟s reflections can help us think about issues involving the field of Language Acquisition, in addition to the fact that there are only a few works developed within this perspective in Brazil, in this article, we intend to discuss the notions of “subject”, “subjectivity”,“individuality” and “singularity”, drawing on Bakhtin‟s theory. Thus, in order to make this discussion clearer, we bring data from the speech of young children, from 1.8 to 3 years old, who were filmed in natural contexts interacting with their parents and relatives. From these data, we could verify, among other things, that children, as individuals who constitute themselves as subjects in and throughlanguage, bring marks to their discourse, revealing their subjectivity (through lexical, morphological, syntactic or genre choices.

  4. Constitutionalism, State and territory in the globalization context

    Directory of Open Access Journals (Sweden)

    William Guillermo Jiménez

    2012-12-01

    Full Text Available Globalization shows that the national State is losing the monopoly in the production of law, and this generates changes concerning the environment of application of the state legal arrangements and the role of the territory as the limit thereof. The object of this work is to offer a panorama about of the law globalization impacts on the State, the constitutional theory and the territory. The study is performed by means of the documentary review technique by using the consultation of diverse sources. Our conclusion is that the Westphalian model of State-nation has been weakened; however, globalization needs the State to be able to operate. Law has been deterritorialized and the territory continues to be a fundamental element for the contemporary State.

  5. Syndromes and constitutional chromosomal abnormalities associated with Wilms tumour

    Science.gov (United States)

    Scott, R H; Stiller, C A; Walker, L; Rahman, N

    2006-01-01

    Wilms tumour has been reported in association with over 50 different clinical conditions and several abnormal constitutional karyotypes. Conclusive evidence of an increased risk of Wilms tumour exists for only a minority of these conditions, including WT1 associated syndromes, familial Wilms tumour, and certain overgrowth conditions such as Beckwith‐Wiedemann syndrome. In many reported conditions the rare co‐occurrence of Wilms tumour is probably due to chance. However, for several conditions the available evidence cannot either confirm or exclude an increased risk, usually because of the rarity of the syndrome. In addition, emerging evidence suggests that an increased risk of Wilms tumour occurs only in a subset of individuals for some syndromes. The complex clinical and molecular heterogeneity of disorders associated with Wilms tumour, together with the apparent absence of functional links between most of the known predisposition genes, suggests that abrogation of a variety of pathways can promote Wilms tumorigenesis. PMID:16690728

  6. Conflicts by Convergence and Deep Disagreements in European Constitutional Law

    Directory of Open Access Journals (Sweden)

    Scarcello Orlando

    2017-08-01

    Full Text Available In this essay the question of what kind of conflicts are at stake in the context of European pluralism will be considered, with special focus on the shift from “conflicts by divergence” to “conflicts by convergence” and on attempts to conceptualise these issues by means of the concept of “complex antinomy”. It will be argued that this analysis needs some refinement and the concept of “levels of disagreements” will be introduced as an alternative. A specific focus will be maintained on the impact of different interpretive methodologies: in this way it is possible to underline the structure of “deep” and “superficial” disagreements in the context of European law. In order to illustrate this point, some notes on the recent Taricco saga will be developed. Finally, the relevance for European constitutionalism of deep disagreements on interpretive methodologies will be underlined.

  7. Triaxial constitutive model for plain and reinforced concrete behavior

    Science.gov (United States)

    Kang, Hong Duk

    Inelastic failure analysis of concrete structures has been one of the central issues in concrete mechanics. Especially, the effect of confinement has been of great importance to capture the transition from brittle to ductile fracture of concrete under triaxial loading scenarios. Moreover, it has been a difficult task to implement numerically material descriptions which are susceptible to loss of stability and localization. Consequently, it has been a challenge to develop comprehensive material formulations of concrete, which consider the full spectrum of loading histories which the material in a real structure is subjected to. A new triaxial constitutive model of concrete is presented that not only describes the hardening/softening behavior of concrete in tension and low confined compression, but also captures the transition from brittle to ductile failure under high confinement. The concrete model is based on a loading surface that is Csp1-continuous, and that closes smoothly in equitriaxial compression, while the deviatoric trace expands from a triangular to a circular shape with increasing confinement. The plastic potential has a different curvature from the plastic loading function for non-associativity in order to reduce excessive inelastic dilatancy. In the thesis, the results of deformation and localization analyses for various loading histories are presented in the constitutive study. In addition, studies of associativity and non-associativity, and two-invariant versus three-invariant formulations are performed. At the structural level the triaxial concrete model is used to predict the nonlinear response behavior of a reinforced concrete column subject to axial and lateral loadings.

  8. Spherocylindrical microplane constitutive model for shale and other anisotropic rocks

    Science.gov (United States)

    Li, Cunbao; Caner, Ferhun C.; Chau, Viet T.; Bažant, Zdeněk P.

    2017-06-01

    Constitutive equations for inelastic behavior of anisotropic materials have been a challenge for decades. Presented is a new spherocylindrical microplane constitutive model that meets this challenge for the inelastic fracturing behavior of orthotropic materials, and particularly the shale, which is transversely isotropic and is important for hydraulic fracturing (aka fracking) as well as many geotechnical structures. The basic idea is to couple a cylindrical microplane system to the classical spherical microplane system. Each system is subjected to the same strain tensor while their stress tensors are superposed. The spherical phase is similar to the previous microplane models for concrete and isotropic rock. The integration of stresses over spherical microplanes of all spatial orientations relies on the previously developed optimal Gaussian integration over a spherical surface. The cylindrical phase, which is what creates the transverse isotropy, involves only microplanes that are normal to plane of isotropy, or the bedding layers, and enhance the stiffness and strength in that plane. Unlike all the microplane models except the spectral one, the present one can reproduce all the five independent elastic constants of transversely isotropic shales. Vice versa, from these constants, one can easily calculate all the microplane elastic moduli, which are all positive if the elastic in-to-out-of plane moduli ratio is not too big (usually less than 3.75, which applies to all shales). Oriented micro-crack openings, frictional micro-slips and bedding plane behavior can be modeled more intuitively than with the spectral approach. Data fitting shows that the microplane resistance depends on the angle with the bedding layers non-monotonically, and compressive resistance reaches a minimum at 60°. A robust algorithm for explicit step-by-step structural analysis is formulated. Like all microplane models, there are many material parameters, but they can be identified sequentially

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

    African Journals Online (AJOL)

    2015-05-29

    May 29, 2015 ... were the people of Northern Uganda region, where the defeated armies re- ..... power (Museveni 1989) was back-tracking to manipulate the constitution. .... is important to term limits because I know what my president believes ...

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

    Directory of Open Access Journals (Sweden)

    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.

  11. What Constitutes Traditional and Modern Eating? The Case of Japan

    Science.gov (United States)

    Imada, Sumio; Furumitsu, Isato; Rozin, Paul; Ruby, Matthew B.; Arbit, Naomi; Fischler, Claude; Schupp, Harald T.; Renner, Britta

    2018-01-01

    Traditional Japanese dietary culture might be a factor contributing to the high life expectancy in Japan. As little is known about what constitutes traditional and modern eating in Japan, the aims of the current study were to (1) comprehensively compile and systematize the various facets of traditional and modern eating; and (2) investigate whether these facets also apply to traditional and modern eating in Japan. In Study 1, an extensive international literature review was performed. Forty-five facets of traditional and modern eating were compiled and systematized into the dimensions of what and how people eat, and into eleven separate subdimensions. In Study 2, 340 adults from Japan answered a questionnaire. Results showed that traditional and modern eating in Japan is reflected in both what and how people eat. Within these two dimensions, ten subdimensions were found: the ingredients, processing, temporal origin, spatial origin, and variety of consumed foods, as well as temporal, spatial, and social aspects, appreciation, and concerns when eating. This study provides a broad compilation of facets of traditional and modern eating in Japan. Future research should investigate how these facets are related to life expectancy and health. PMID:29370081

  12. What Constitutes Traditional and Modern Eating? The Case of Japan

    Directory of Open Access Journals (Sweden)

    Gudrun Sproesser

    2018-01-01

    Full Text Available Traditional Japanese dietary culture might be a factor contributing to the high life expectancy in Japan. As little is known about what constitutes traditional and modern eating in Japan, the aims of the current study were to (1 comprehensively compile and systematize the various facets of traditional and modern eating; and (2 investigate whether these facets also apply to traditional and modern eating in Japan. In Study 1, an extensive international literature review was performed. Forty-five facets of traditional and modern eating were compiled and systematized into the dimensions of what and how people eat, and into eleven separate subdimensions. In Study 2, 340 adults from Japan answered a questionnaire. Results showed that traditional and modern eating in Japan is reflected in both what and how people eat. Within these two dimensions, ten subdimensions were found: the ingredients, processing, temporal origin, spatial origin, and variety of consumed foods, as well as temporal, spatial, and social aspects, appreciation, and concerns when eating. This study provides a broad compilation of facets of traditional and modern eating in Japan. Future research should investigate how these facets are related to life expectancy and health.

  13. What Constitutes Traditional and Modern Eating? The Case of Japan.

    Science.gov (United States)

    Sproesser, Gudrun; Imada, Sumio; Furumitsu, Isato; Rozin, Paul; Ruby, Matthew B; Arbit, Naomi; Fischler, Claude; Schupp, Harald T; Renner, Britta

    2018-01-25

    Traditional Japanese dietary culture might be a factor contributing to the high life expectancy in Japan. As little is known about what constitutes traditional and modern eating in Japan, the aims of the current study were to (1) comprehensively compile and systematize the various facets of traditional and modern eating; and (2) investigate whether these facets also apply to traditional and modern eating in Japan. In Study 1, an extensive international literature review was performed. Forty-five facets of traditional and modern eating were compiled and systematized into the dimensions of what and how people eat, and into eleven separate subdimensions. In Study 2, 340 adults from Japan answered a questionnaire. Results showed that traditional and modern eating in Japan is reflected in both what and how people eat. Within these two dimensions, ten subdimensions were found: the ingredients, processing, temporal origin, spatial origin, and variety of consumed foods, as well as temporal, spatial, and social aspects, appreciation, and concerns when eating. This study provides a broad compilation of facets of traditional and modern eating in Japan. Future research should investigate how these facets are related to life expectancy and health.

  14. Constitutional transitions in Central and Eastern Europe : [book reviews] / Philipp Kiiver

    Index Scriptorium Estoniae

    Kiiver, Philipp

    2006-01-01

    Arvustus: Sadurski, W. Rights before courts : a study of constitutional courts in postcommunist states of Central and Eastern Europe. Springer, 2005 ; Albi, A. EU enlargement and the constitutions of Central and Eastern Europe. Cambridge University Press, 2005

  15. Failure Behavior and Constitutive Model of Weakly Consolidated Soft Rock

    Directory of Open Access Journals (Sweden)

    Wei-ming Wang

    2013-01-01

    Full Text Available Mining areas in western China are mainly located in soft rock strata with poor bearing capacity. In order to make the deformation failure mechanism and strength behavior of weakly consolidated soft mudstone and coal rock hosted in Ili No. 4 mine of Xinjiang area clear, some uniaxial and triaxial compression tests were carried out according to the samples of rocks gathered in the studied area, respectively. Meanwhile, a damage constitutive model which considered the initial damage was established by introducing a damage variable and a correction coefficient. A linearization process method was introduced according to the characteristics of the fitting curve and experimental data. The results showed that samples under different moisture contents and confining pressures presented completely different failure mechanism. The given model could accurately describe the elastic and plastic yield characteristics as well as the strain softening behavior of collected samples at postpeak stage. Moreover, the model could precisely reflect the relationship between the elastic modulus and confining pressure at prepeak stage.

  16. The Australian Constitution and the Aid/Watch Case

    Directory of Open Access Journals (Sweden)

    George Williams

    2011-11-01

    Full Text Available The Australian Constitution played a significant role in underpinning the result in the Aid/Watch Case. It was invoked by the majority to support their conclusion that a body can be a ‘charitable institution’ despite engaging in political activities. The use of the Constitution in this way came as a surprise. The case extended an existing constitutional principle relating to freedom of political communication from its electoral base into the protection of the political activities of non-government organisations. This may have future ramifications for those organisations in other areas, as well as further implications for the development of what it means to be a charity in Australia. This article examines the use of the Australian Constitution in the Aid/Watch Case. It explains how the High Court was able to invoke the Constitution in defining what it means to be a ‘charitable institution’. It also examines the implications of that reasoning for the development of charitable law in Australia.

  17. Constitutive modeling and control of 1D smart composite structures

    Science.gov (United States)

    Briggs, Jonathan P.; Ostrowski, James P.; Ponte-Castaneda, Pedro

    1998-07-01

    Homogenization techniques for determining effective properties of composite materials may provide advantages for control of stiffness and strain in systems using hysteretic smart actuators embedded in a soft matrix. In this paper, a homogenized model of a 1D composite structure comprised of shape memory alloys and a rubber-like matrix is presented. With proportional and proportional/integral feedback, using current as the input state and global strain as an error state, implementation scenarios include the use of tractions on the boundaries and a nonlinear constitutive law for the matrix. The result is a simple model which captures the nonlinear behavior of the smart composite material system and is amenable to experiments with various control paradigms. The success of this approach in the context of the 1D model suggests that the homogenization method may prove useful in investigating control of more general smart structures. Applications of such materials could include active rehabilitation aids, e.g. wrist braces, as well as swimming/undulating robots, or adaptive molds for manufacturing processes.

  18. Experimental investigation and constitutive model for lime mudstone.

    Science.gov (United States)

    Wang, Junbao; Liu, Xinrong; Zhao, Baoyun; Song, Zhanping; Lai, Jinxing

    2016-01-01

    In order to investigate the mechanical properties of lime mudstone, conventional triaxial compression tests under different confining pressures (0, 5, 15 and 20 MPa) are performed on lime mudstone samples. The test results show that, from the overall perspective of variation law, the axial peak stress, axial peak strain and elastic modulus of lime mudstone tend to gradually increase with increasing confining pressure. In the range of tested confining pressure, the variations in axial peak stress and elastic modulus with confining pressure can be described with linear functions; while the variation in axial peak strain with confining pressure can be reflected with a power function. To describe the axial stress-strain behavior in failure process of lime mudstone, a new constitutive model is proposed, with the model characteristics analyzed and the parameter determination method put forward. Compared with Wang' model, only one parameter n is added to the new model. The comparison of predicted curves from the model and test data indicates that the new model can preferably simulate the strain softening property of lime mudstone and the axial stress-strain response in rock failure process.

  19. Structural characterization and viscoelastic constitutive modeling of skin.

    Science.gov (United States)

    Sherman, Vincent R; Tang, Yizhe; Zhao, Shiteng; Yang, Wen; Meyers, Marc A

    2017-04-15

    A fascinating material, skin has a tensile response which exhibits an extended toe region of minimal stress up to nominal strains that, in some species, exceed 1, followed by significant stiffening until a roughly linear region. The large toe region has been attributed to its unique structure, consisting of a network of curved collagen fibers. Investigation of the structure of rabbit skin reveals that it consists of layers of wavy fibers, each one with a characteristic orientation. Additionally, the existence of two preferred layer orientations is suggested based on the results of small angle X-ray scattering. These observations are used to construct a viscoelastic model consisting of collagen in two orientations, which leads to an in-plane anisotropic response. The structure-based model presented incorporates the elastic straightening and stretching of fibrils, their rotation towards the tensile axis, and the viscous effects which occur in the matrix of the skin due to interfibrillar and interlamellar sliding. The model is shown to effectively capture key features which dictate the mechanical response of skin. Examination by transmission and scanning electron microscopy of rabbit dermis enabled the identification of the key elements in its structure. The organization of collagen fibrils into flat fibers was identified and incorporated into a constitutive model that reproduces the mechanical response of skin. This enhanced quantitative predictive capability can be used in the design of synthetic skin and skin-like structures. Copyright © 2017 Acta Materialia Inc. Published by Elsevier Ltd. All rights reserved.

  20. 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

  1. Assessing potential legal responses to medical ghostwriting: effectiveness and constitutionality

    Science.gov (United States)

    Chen, Chung-Lin

    2018-01-01

    Abstract Pharmaceutical companies are extensively involved in shaping medical knowledge to market their products to physicians and consumers. Specialized planning is undertaken to produce scientific articles driven by commercial interests. Rather than the listed authors, hidden analysts and publication management firms hired by pharmaceutical companies are often responsible for the content of scientific articles. Such ghostwriting practices raise serious concerns regarding the integrity of knowledge and thus demand urgent attention. This paper analyses the strategies of legal regulation on medical ghostwriting and their comparative advantages and disadvantages. Many of regulatory proposals suffer from a lack of effectiveness, whereas others are subject to constitutional concerns. The analysis in this paper offers insights into framing adequate regulation; it supports the strategy for reforming the structure of information production while calling for cautiousness in shaping its regulatory outline. In addition, this paper contributes to the analysis of First Amendment jurisprudence, suggesting that the judiciary should allow a certain amount of leeway for political branches to develop effective regulation PMID:29707217

  2. The Civil Marriage and the Constitution: the Constitutional Court decision on same-sex marriage in Chile

    Directory of Open Access Journals (Sweden)

    Jorge Contesse Singh

    2012-07-01

    Full Text Available This article briefly discusses the Chilean Constitutional Court’s decision regarding  the definition of marriage in Chile, which reserves the right to marry exclusively to a man and a woman. The article grounds the discussion on a robust conception of the equal dignity of individuals and analyzes the separate opinions of the justices of the Court, emphasizing some technical legal issues such as the prevalence of separate opinions and the references to international human rights law in almost all of them. The article argues that, considering the development of international human rights law and the crafting of claims as fundamental rights claims, it is only a matter of time before the legislature addresses the issue of same-sex marriage, following the Court’s statement that it is the legislature’s duty to do so.

  3. Function of endothelium at adolescents with constitutional exogenous obesity before and after rehabilitation

    OpenAIRE

    Miroshnichenko, O.

    2011-01-01

    Function of endothelium at 43 adolescents with constitutional exogenous obesity before rehabilitation and at 33 healthy adolescents has been studied. Disorder of endothelial function has been established in 32 (74.4%) adolescents with constitutional exogenous obesity and in 7 (21.2%) healthy adolescents. We showed the efficiency of the rehabilitation program on restoration of endothelial function at adolescents with constitutional exogenous obesity.

  4. Constitutive and regulated expression vectors to construct polyphosphate deficient bacteria

    Directory of Open Access Journals (Sweden)

    Jerez Carlos A

    2009-03-01

    Full Text Available Abstract Background Inorganic polyphosphate (polyP, a polymer of tens or hundreds of phosphate residues linked by ATP-like bonds, is found in all organisms and performs a wide variety of functions. PolyP is synthesized in bacterial cells by the actions of polyphosphate kinases (PPK1 and PPK2 and degraded by an exopolyphosphatase (PPX. Bacterial cells with polyP deficiencies are impaired in many structural and important cellular functions such as motility, quorum sensing, biofilm formation and virulence. Knockout mutants of the ppk1 gene have been the most frequent strategy employed to generate polyP deficient cells. Results As an alternative method to construct polyP-deficient bacteria we developed constitutive and regulated broad-host-range vectors for depleting the cellular polyP content. This was achieved by the overexpression of yeast exopolyphosphatase (PPX1. Using this approach in a polyphosphate accumulating bacteria (Pseudomonas sp. B4, we were able to eliminate most of the cellular polyP (>95%. Furthermore, the effect of overexpression of PPX1 resembled the functional defects found in motility and biofilm formation in a ppk1 mutant from Pseudomonas aeruginosa PAO1. The plasmids constructed were also successfully replicated in other bacteria such as Escherichia coli, Burkholderia and Salmonella. Conclusion To deplete polyP contents in bacteria broad-host-range expression vectors can be used as an alternative and more efficient method compared with the deletion of ppk genes. It is of great importance to understand why polyP deficiency affects vital cellular processes in bacteria. The construction reported in this work will be of great relevance to study the role of polyP in microorganisms with non-sequenced genomes or those in which orthologs to ppk genes have not been identified.

  5. The Constitutional Amendment Process

    Science.gov (United States)

    Chism, Kahlil

    2005-01-01

    This article discusses the constitutional amendment process. Although the process is not described in great detail, Article V of the United States Constitution allows for and provides instruction on amending the Constitution. While the amendment process currently consists of six steps, the Constitution is nevertheless quite difficult to change.…

  6. [Psychodynamic and forensic approach of constitutional mythomania: a case report].

    Science.gov (United States)

    Ben Thabet, J; Zouari, N; Charfeddine, F; Zouari, L; Maâlej, M

    2012-12-01

    Constitutional mythomania presents several diagnostic, aetiopathogenic and forensic problems for the doctor. We have discussed these aspects through the analysis of a case report. The case report relates to a 43 year-old man, who was subjected to a penal expertise following the emission of cheques without provision. During the examination, he pretended being both a doctor and a lawyer at the same time. He was in charge, among other things, of sale contracts dealing sometimes with high value transactions, obviously without following the required legal procedure. He was pursued subsequently for many other affairs of swindle. Data collected from his medical file indicated that he was the only boy of his family. Since his father had suffered from psychotic episodes, his grandfather had reared him; which he did it in a strictly religious way. He spent his childhood isolated. He was 15 years old when his grandfather died. He had then expressed religious and megalomaniac ideas that had motivated psychiatric management. Later on, he expressed imaginative ideas evoking unsystematized delusion (he pretended to have made a trip to America and to have seen a fish flying and turning into a woman). From a psychodynamic point of view, constitutional mythomania is considered as a borderline personality. It reflects an important narcissisic cleavage. The deceitfulness of the mythomaniac allows him to keep in touch with reality and to avoid mental disintegration. The recognition, by others, of these delusions allows the mythomaniac to have access to his proper level of existence. For a while, to the experts our patient appeared to be suffering from schizophrenia. Therefore, we can apply the Maleval theory to him, which identifies four periods as delusion structuring levels in psychosis : P0 (consequence of the phallic signification deficiency, it includes anxiety, annihilation, perplexity, interrogative attitude), P1 (stage of paranoid delusion), P2 (stage of paranoiac delusion

  7. Constitutional legitimacy: Sharia Law, Secularism and the Social Compact

    Directory of Open Access Journals (Sweden)

    Zia Akhtar

    2011-05-01

    Full Text Available This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for some crimes and these were promulgated in the early 1980s during the reign of the Pakistani conservative military government. These different layers of jurisprudence do not accord with a uniform legal precedence and creates a clash between liberals and the fundamentalists who want an all pervasive Sharia law. The Pakistani legal canon of Islamic law has been restricted by the secular ideology of the state which has parallels in other Asian countries with a Muslim majority. However, there is an issue of compatibility of a secular ideology and the application of Sharia. It needs an exposition of thought that takes account of the enlightenment in Europe which led to the social contract theory in the 18th century. This theory rejects the narrow interpretation of divine authority and presents the jurist with a challenge to make modernize the laws. In recent times Muslim academics have adopted a critical approach against the tenets of conservatism in temporal Islam and called them unrepresentative of the true spirit of the Sharia. The present turmoil in the Arab countries has raised the question of legitimacy and the need arises to evaluate the principles of the Compact of Medina, which was proclaimed by the first Islamic state, and secondly, to enquire if the adoption of Sharia can be made

  8. Metal-Matrix Composites and Porous Materials: Constitute Models, Microstructure Evolution and Applications

    National Research Council Canada - National Science Library

    Castafieda, P

    2000-01-01

    Constitutive models were developed and implemented numerically to account for the evolution of microstructure and anisotropy in finite-deformation processes involving porous and composite materials...

  9. 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

    Full Text Available Background: This study investigates the constitution of traditional Chinese medicine (TCM among women who want to be pregnant in one year and explores factors related to TCM constitution. Methods: This study was conducted on women who participated in free preconception check-ups provided by the Zhabei District Maternity and Child Care Center in Shanghai, China. The information regarding the female demographic characteristics, physical condition, history of pregnancy and childbearing, diet and behavior, and social psychological factors was collected, and TCM constitution assessment was performed. The Chi-square test, t-test, logistic regression analysis, and multinomial logistic regression analysis were used to explore the related factors of TCM constitution. Results: The participants in this study were aged 28.3 ± 3.0 years. Approximately fifty-five women in this study had Unbalanced Constitution. Logistic regression analysis showed that Shanghai residence, dysmenorrhea, gum bleeding, aversion to vegetables, preference for raw meat, job stress, and economic stress were significantly and negatively associated with Balanced Constitution. Multinomial logistic analysis showed that Shanghai residence was significantly associated with Yang-deficiency, Yin-deficiency, and Stagnant Qi Constitutions; gum bleeding was significantly associated with Yin-deficiency, Stagnant Blood, Stagnant Qi, and Inherited Special Constitutions; aversion to vegetables was significantly associated with Damp-heat Constitution; job stress was significantly associated with Yang-deficiency, Phlegm-dampness, Damp-heat, Stagnant Blood, and Stagnant Qi Constitutions; and economic stress was significantly associated with Yang-deficiency, and Stagnant Qi Constitutions. Conclusion: The application of TCM constitution to preconception care would be beneficial for early identification of potential TCM constitution risks and be beneficial for early intervention (e.g., health

  10. Genetic and clinical determinants of constitutional mismatch repair deficiency syndrome: report from the constitutional mismatch repair deficiency consortium.

    Science.gov (United States)

    Bakry, Doua; Aronson, Melyssa; Durno, Carol; Rimawi, Hala; Farah, Roula; Alharbi, Qasim Kholaif; Alharbi, Musa; Shamvil, Ashraf; Ben-Shachar, Shay; Mistry, Matthew; Constantini, Shlomi; Dvir, Rina; Qaddoumi, Ibrahim; Gallinger, Steven; Lerner-Ellis, Jordan; Pollett, Aaron; Stephens, Derek; Kelies, Steve; Chao, Elizabeth; Malkin, David; Bouffet, Eric; Hawkins, Cynthia; Tabori, Uri

    2014-03-01

    Constitutional mismatch repair deficiency (CMMRD) is a devastating cancer predisposition syndrome for which data regarding clinical manifestations, molecular screening tools and management are limited. We established an international CMMRD consortium and collected comprehensive clinical and genetic data. Molecular diagnosis of tumour and germline biospecimens was performed. A surveillance protocol was developed and implemented. Overall, 22/23 (96%) of children with CMMRD developed 40 different tumours. While childhood CMMRD related tumours were observed in all families, Lynch related tumours in adults were observed in only 2/14 families (p=0.0007). All children with CMMRD had café-au-lait spots and 11/14 came from consanguineous families. Brain tumours were the most common cancers reported (48%) followed by gastrointestinal (32%) and haematological malignancies (15%). Importantly, 12 (30%) of these were low grade and resectable cancers. Tumour immunohistochemistry was 100% sensitive and specific in diagnosing mismatch repair (MMR) deficiency of the corresponding gene while microsatellite instability was neither sensitive nor specific as a diagnostic tool (psyndrome where family history of cancer may not be contributory. Screening tumours and normal tissues using immunohistochemistry for abnormal expression of MMR gene products may help in diagnosis and early implementation of surveillance for these children. Copyright © 2013 Elsevier Ltd. All rights reserved.

  11. By-law from January 14, 2005, relative to the tariffs of use of public natural gas distribution networks

    International Nuclear Information System (INIS)

    2005-01-01

    This by-law defines the tariffing rules for the different French gas utilities according to the delivered quantities or to the subscribed daily capacity. Tariffs increase for overstepping of subscribed daily capacity are detailed. (J.S.)

  12. DEVELOPMENTS IN THE CONSTITUTIONAL REVIEW. CONSTITUTIONAL COURT BETWEEN THE STATUS OF NEGATIVE LEGISLATOR AND THE STATUS OF POSITIVE CO-LEGISLATOR

    Directory of Open Access Journals (Sweden)

    Marieta Safta

    2012-11-01

    Full Text Available The study wants to emphasize that Constitutional Courts belonging to the European model depart from their traditional role as ”negative legislator” – which refers to the effect of their acts consisting in removal from the legal system of those rules contrary to the Basic Law -, becoming, to a certain extent, a ”positive legislator”. Official interpreters of the Constitution, Constitutional Courts assume, sometimes, a role of co-legislators, creating provisions they deduct from the Constitution - when controlling the absence of legislation or legislative omissions -, and revealing the content of constitutional and even infraconstitutional rules accordingly with the Constitution in their case-law, whose effects are nothing but specific forms of „impulse” or „coercion” of the legislator to proceed in a certain sense, and whose continuous development guides the evolution of the entire legal system. Case – law selected presents ways in which the Constitutional Court of Romania is associated to law-making activity. Without minimizing in any way its traditional role as "negative legislator", the study refers mainly to acts and situations that give expression to the creative role of the Constitutional Court of Romania.

  13. Judicial Decision and Rethinking the Constitutional Principles Concerning Treaty Making Power and Process of Thailand

    OpenAIRE

    Umpai, Kiarttiphorn

    2017-01-01

    This paper aims to examine the treaty making power and process in recent constitutional provisions reforms in Thailand. It aims to analyze whether the constitutional provision has affected the treaty-making crisis. This study relied on the theory of the sovereignty of state exercised by the executive branch in compliance with the treaty making power concept, the separation of powers, and the checks and balances doctrine. The findings revealed that Thailand’s constitutional amendment related t...

  14. Dynamic Plasticity and Fracture in High Density Polycrystals: Constitutive Modeling and Numerical Simulation

    National Research Council Canada - National Science Library

    Clayton, J. D

    2006-01-01

    Presented is a constitutive framework for modeling the dynamic response of polycrystalline microstructures, posed in a thermodynamically consistent manner and accounting for finite deformation, strain...

  15. Genesis of the constitutionality and statehood of the Republic of Srpska: Constitutional acts in Bosnia and Herzegovina in 1990 and 1991

    Directory of Open Access Journals (Sweden)

    Nešković Radomir

    2012-01-01

    Full Text Available Constitutional (statehood or foundation acts are those on which the establishment of a state is founded. These acts determine its statehood entities (part-owners of the state in which the foundations of state organization are defined. All other authorities (legislative, executive and administrative, and judicial are extracted from constitutional acts which are synthesized in the Constitution as the highest political and legal act. Constitutional acts in Bosnia and Herzegovina in the abovementioned period influenced each other as the domino effect, since one act caused the adoption of another, thus, each state-building act had the cause and consequence feature. Constitutional act of representatives of a nation caused the adoption of a similar act among representatives of another nation, which resulted in the statehood authority losing its unique character and being 'torn apart' into three national state-building authorities. In this text we mention the basic constitutional acts preceding the establishment of the Assembly of the Serb People in Bosnia and Herzegovina.

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

    Science.gov (United States)

    Jiang, Qiao-Yu; Li, Jue; Zheng, Liang; Wang, Guang-Hua; Wang, Jing

    2018-04-01

    This study investigates the constitution of traditional Chinese medicine (TCM) among women who want to be pregnant in one year and explores factors related to TCM constitution. This study was conducted on women who participated in free preconception check-ups provided by the Zhabei District Maternity and Child Care Center in Shanghai, China. The information regarding the female demographic characteristics, physical condition, history of pregnancy and childbearing, diet and behavior, and social psychological factors was collected, and TCM constitution assessment was performed. The Chi-square test, t-test, logistic regression analysis, and multinomial logistic regression analysis were used to explore the related factors of TCM constitution. The participants in this study were aged 28.3 ± 3.0 years. Approximately fifty-five women in this study had Unbalanced Constitution. Logistic regression analysis showed that Shanghai residence, dysmenorrhea, gum bleeding, aversion to vegetables, preference for raw meat, job stress, and economic stress were significantly and negatively associated with Balanced Constitution. Multinomial logistic analysis showed that Shanghai residence was significantly associated with Yang-deficiency, Yin-deficiency, and Stagnant Qi Constitutions; gum bleeding was significantly associated with Yin-deficiency, Stagnant Blood, Stagnant Qi, and Inherited Special Constitutions; aversion to vegetables was significantly associated with Damp-heat Constitution; job stress was significantly associated with Yang-deficiency, Phlegm-dampness, Damp-heat, Stagnant Blood, and Stagnant Qi Constitutions; and economic stress was significantly associated with Yang-deficiency, and Stagnant Qi Constitutions. The application of TCM constitution to preconception care would be beneficial for early identification of potential TCM constitution risks and be beneficial for early intervention (e.g., health education, and dietary education), especially during the women who do

  17. The dimension of constitutional protection and the guarantee of citizen rights and freedoms-A comparative view of the Constitution of the Republic of Kosovo with the Constitutions of neighbouring countries: Albania, Macedonia, Serbia, Montenegro and Greece

    Directory of Open Access Journals (Sweden)

    Kadri Kryeziu

    2016-11-01

    Full Text Available In different historic periods of time and in various political regimes, people felt free and enjoyed their rights in different ways, but very li$ le was said about individual freedoms, as it was said more about collective freedoms. The term freedom is an antique, historic term. The corpus of human rights and fundamental freedoms has been studied since the ancient times, including middle ages until modern times of human civilization. However, the origin for protection of these rights and freedoms was sanctioned in the constitutional aspect in Magna Charta issued on 15-th of June 1215, which comprises the milestone in the history of constitutional regimes on human rights and freedoms. The protection of human rights and fundamental freedoms is admitted by everyone. That is embedded in written constitutions worldwide, as well as in the United Nations Charter, final act of the Conference of the Organization for Security and Cooperation in Europe (OSBE known as Helsinki Act. The majority of democratic constitutions adopted after the Second World War, and the latest constitutions of the countries of South-eastern Europe, give an important place to the evidencing and guaranteeing of human rights and fundamental freedoms.

  18. The dime nsion of constitutional protection and the guarantee of citizen rights and freedoms-A comparative view of the Constitution of the Republic of Kosovo with the Constitutions of neighbouring countries: Albania, Macedonia, Serbia, Montenegro and Greece

    Directory of Open Access Journals (Sweden)

    Kadri Kryeziu

    2016-11-01

    Full Text Available In different historic periods of time and in various political regimes, people felt free and enjoyed their rights in different ways, but very little was said about individual freedoms, as it was said more about collective freedoms. The term freedom is an antique, historic term. The corpus of human rights and fundamental freedoms has been studied since the ancient times, including middle ages until modern times of human civilization. However, the origin for protection of these rights and freedoms was sanctioned in the constitutional aspect in Magna Charta issued on 15-th of June 1215, which comprises the milestone in the history of constitutional regimes on human rights and freedoms. The protection of human rights and fundamental freedoms is admitted by everyone. That is embedded in written constitutions worldwide, as well as in the United Nations Charter, final act of the Conference of the Organization for Security and Cooperation in Europe (OSBE known as Helsinki Act. The majority of democratic constitutions adopted after the Second World War, and the latest constitutions of the countries of Southeastern Europe, give an important place to the evidencing and guaranteeing of human rights and fundamental freedoms.

  19. “People”, constitutions and politics in Antioquia, 1810-1877

    Directory of Open Access Journals (Sweden)

    Renzo Ramírez Bacca

    2014-07-01

    Full Text Available This article analyzes the term people which is used in the provincial constitutions of Antioquia and Colombia. The interest lies on presenting their representations and usage in different phases of the Colombian political and constitutional history. The intention is to understand its correlation with the electoral and participative citizenship practice with respect to the State, and also to point out contradictions between different discourses (the constitutional and the political party ones around the people and its actors: women, artisans and farmers. This is a hermeneutic understanding with a historicist focus which, in turn, develops a diachronic analysis based on constitutionals texts and primary sources.

  20. Constitution and anthropometric parameters in indigenous population of Southern Altai Mountains.

    Science.gov (United States)

    Sayapin, V S; Schmidt, I R; Podkhomutnikova, O V; Van, V Ch; Van, L V; Malevik, V F; Zhestikova, M G

    2003-03-01

    Analysis of anthropometric parameters of 645 indigenous residents of Southern Altai Mountains belonging to two subethnic groups (165 Telengites and 480 Altai-Kizhi) revealed constitutional characteristics distinguishing these groups from each other and from Europeans. Differences in body length and weight, distribution by constitution types, sexual dimorphism, and AB0 blood groups were detected. The specific features of constitution together with environmental factors can determine predisposition of individuals belonging of these subethnic groups to some diseases.

  1. Equality and Schooling: Laggards, Percentiles and the U.S. Constitution

    Science.gov (United States)

    Welsh, Benjamin H.

    2010-01-01

    The contradiction between the concept of equality found in the Declaration of Independence and that found in U.S. Constitution led the author to question what the Constitution had to say about education. After all, Montesquieu (1689-1755), a French "philosophe" whose work heavily influenced Thomas Jefferson, James Madison and the U.S.…

  2. 1787 and 1776: Patrick Henry, James Madison, and the Revolutionary Legitimacy of the Constitution.

    Science.gov (United States)

    Banning, Lance

    1988-01-01

    Discusses Patrick Henry's and James Madison's opinions on how the U.S. Constitution should be constructed. Describes how Henry introduced a set of substantive objections which were shared by Antifederalists throughout the country and persuaded many Revolutionaries that the Constitution was essentially at odds with the principles of 1776. (BSR)

  3. Determination of a constitutive law for salt at elevated temperature and pressure

    International Nuclear Information System (INIS)

    Senseny, P.E.

    1985-01-01

    A constitutive law for natural rock salt is given that describes the relationship among strain rate, stress rate, stress, temperature, and time. Tests required to evaluate the constitutive parameters are identified, and procedures for performing these tests are described. Results are presented from a series of tests performed on bedded salt from the Palo Duro basin. These results are used to evaluate the constitutive law suitable for predicting stresses and deformations in a nuclear waste repository or other engineered structure in salt

  4. Transnational Constitutional Law

    NARCIS (Netherlands)

    Zumbansen, P (Peer); K.I. Bhatt (Kinnari)

    2018-01-01

    textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its

  5. The "American" (North American) Model of Constitutional Review: Historical Background and Early Development

    Science.gov (United States)

    Klishas, Andrey A.

    2016-01-01

    The paper explores the impact of the continental system exerted on the constitutional and political evolution of both the United States and individual states and tries to characterize the development of constitutional review phenomenon within the framework of the continental legal system and the Anglo-Saxon legal system. The research stands on the…

  6. By-law no 36/MRA/SG/ANEA from 29 july 2004 on the role, organisation and functioning of l'Autorite Nationale de l'Energie Atomique

    International Nuclear Information System (INIS)

    2004-01-01

    The text called Arrete approaches in its general provisions the organization, attributions of the various parts (secretariat and various services) and their operation. The provisions emphasize the institutional anchoring of the Authority as well as the details of implementation of its mechanisms of operation [fr

  7. By-law no 056/PRES/PM/MECV/MEF from 12 february 2008 on the role, organisation and functioning of l'Autorite Nationale de radioprotection et de surete nucleaire

    International Nuclear Information System (INIS)

    2008-01-01

    The text called Decret approaches in its general provisions the organization, attributions of the various parts (secretariat and various services) and their operation. The provisions emphasize the institutional anchoring of the Authority as well as the details of implementation of its mechanisms of operation [fr

  8. Muslim personal law and the meaning of "law" in the South African and Indian constitutions

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    1999-12-01

    Full Text Available The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 1996 Constitution, and in particular the Bill of Rights as contained in chapter 2 of the 1996 Constitution, is applicable to "non-recognised" Muslim personal law. The answer to this question depends to a large extent on the meaning of "law" as contained in the 1996 Constitution.When the viewpoint of academic writers and the courts are evaluated it seems as if the meaning of law in South Africa is restricted to the common law, customary law and legislation. If such a viewpoint is to be followed, Muslim personal law is excluded from the scrutiny of the Bill of Rights. It is, however, inconceivable that there might be certain areas of "law" that are not subject to the scrutiny of the Bill of Rights. In this note it will be argued that Muslim personal law should be regarded as law in terms of the 1996 Constitution, or in the alternative, that Muslim personal law (or at least Muslim marriages should be recognised in terms of section 15 of the 1996 Constitution.Due to the historical resemblance between South Africa and India the meaning of "law" as contained in the 1996 Constitution will be compared with the meaning of "law" as contained in the Constitution of India. Although the Constitution of India indirectly gives recognition to various personal laws in India, these personal laws are not subject to the provisions of the Constitution of India. Therefore, it would be argued that one should approach the Constitution of India with caution when its provisions are

  9. Repeatability of Pulse Diagnosis and Body Constitution Diagnosis in Traditional Indian Ayurveda Medicine

    Science.gov (United States)

    Waagepetersen, Rasmus; Toft, Egon; Prasad, Ramjee; Raturi, Lokesh

    2012-01-01

    In Ayurveda, pulse diagnosis and body constitution diagnosis have a long historical use; still, there is lack of quantitative measure of the reliability of these diagnostic methods. Reliability means consistency of information. Consistent diagnosis leads to consistent treatment and is important for clinical practice, education, and research. The objective of this study is to study the methodology to evaluate the test-retest reliability (repeatability) of pulse diagnosis and body constitution diagnosis. A double-blinded, controlled, clinical trial was conducted in Copenhagen. The same doctor, an expert in Ayurvedic pulse diagnosis, examined the pulse and body constitution of 17 healthy participants twice, in random order without seeing them. A metric on pulse and body constitution variables was developed. Cohen's weighted kappa statistic was used as a measure of intra-rater reliability. Permutation tests were used to test the hypothesis of homogeneous diagnosis (ie, the doctor's diagnosis does not depend on the subject). The hypothesis of homogeneous classification was rejected on the 5% significance level (P values of .02 and .001, respectively, for pulse and body constitution diagnosis). According to the Landis and Koch scale, values of the weighted kappa for pulse diagnosis (P = .42) and body constitution diagnosis (P = .65) correspond to “moderate” and “substantial” agreement, respectively. There was a reasonable level of consistency between 2 pulse and body constitution diagnoses. Further studies are required to quantify inter-subject and intra-subject agreement for greater understanding of reliability of pulse and body constitution diagnosis. PMID:27257530

  10. 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

    2018-04-25

    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.

  11. La anomia y su relación con el estatuto actual del sufrimiento en la sociedad // Anomia and its relationship with the present bylaw of suffering in the society

    Directory of Open Access Journals (Sweden)

    Zulma López Arranz

    2010-12-01

    Full Text Available Este trabajo tiene por objetivo relacionar el exceso de goce en las patologías de la post-modernidad con la anomia en la que se sumerge nuestra sociedad, dañando el entramado social. La falta de regulación de lo simbólico es la responsable del penar en demasía. La tecnología, la globalización y el discurso capitalista convierten al sujeto de deseo en un sujeto tomado por el goce. La propuesta del psicoanálisis es despertar al sujeto de su dormidera de goce, la brújula es la ética del deseo. // The aim of this paper is to relate the excess of pleasure in post-modernity pathologies to the anomia immerse in our society, damaging the social structure. Lack of symbolic regulation is responsible for excessively suffering. The technology, the globalization, and the capitalist speech become subject of desire in a subject took for the pleasure. The psychoanalysis proposal is to wake up the subject of his/her pleasure sleepiness, the compass is the pleasure ethics.

  12. 28 CFR 51.55 - Consistency with constitutional and statutory requirements.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Consistency with constitutional and statutory requirements. 51.55 Section 51.55 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED... the Attorney General § 51.55 Consistency with constitutional and statutory requirements. (a...

  13. Predictive Simulation of Material Failure Using Peridynamics -- Advanced Constitutive Modeling, Verification and Validation

    Science.gov (United States)

    2016-03-31

    AFRL-AFOSR-VA-TR-2016-0309 Predictive simulation of material failure using peridynamics- advanced constitutive modeling, verification , and validation... Self -explanatory. 8. PERFORMING ORGANIZATION REPORT NUMBER. Enter all unique alphanumeric report numbers assigned by the performing organization, e.g...for public release. Predictive simulation of material failure using peridynamics-advanced constitutive modeling, verification , and validation John T

  14. [Chinese constitution research and the practice of 4P medical model].

    Science.gov (United States)

    Wang, Ji; Wang, Qi

    2012-05-01

    The aim of modern medicine is transforming from disease to health. Thus the medical model of 4P was proposed in recent years. 4P includes preventive, predictive, personalized, and participatory medical model. In constitution theory of Chinese medicine, there are three main ideas. The first one is: constitutions can be divided to nine types in the Chinese population. Prevention and treatment of disease can be divided according to the constitutional type. This reflects personalized or individualized of 4P. The second one is: certain constitution is correlated to certain disease. So constitution differentiation can be used to predict the occurrence of any kind disease. The third one is: Disease can be prevented through regulating correlated constitutions. And during the course of constitution differentiation, the object of service or patients can participate in the whole course. In summary, the research of Chinese medical constitution embodies the application and practice of 4P medical model. And it provided reference for studying and developing other subjects under the present medical model.

  15. UNDERSTANDING INFORMAL CONSTITUTIONAL CHANGE

    Directory of Open Access Journals (Sweden)

    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.

  16. Correction of Flow Curves and Constitutive Modelling of a Ti-6Al-4V Alloy

    Directory of Open Access Journals (Sweden)

    Ming Hu

    2018-04-01

    Full Text Available Isothermal uniaxial compressions of a Ti-6Al-4V alloy were carried out in the temperature range of 800–1050 °C and strain rate range of 0.001–1 s−1. The effects of friction between the specimen and anvils as well as the increase in temperature caused by the high strain rate deformation were considered, and flow curves were corrected as a result. Constitutive models were discussed based on the corrected flow curves. The correlation coefficient and average absolute relative error for the strain compensated Arrhenius-type constitutive model are 0.986 and 9.168%, respectively, while the values for a modified Johnson-Cook constitutive model are 0.924 and 22.673%, respectively. Therefore, the strain compensated Arrhenius-type constitutive model has a better prediction capability than a modified Johnson-Cook constitutive model.

  17. Angiotensinogen gene polymorphism predicts hypertension, and iridological constitutional classification enhances the risk for hypertension in Koreans.

    Science.gov (United States)

    Cho, Joo-Jang; Hwang, Woo-Jun; Hong, Seung-Heon; Jeong, Hyun-Ja; Lee, Hye-Jung; Kim, Hyung-Min; Um, Jae-Young

    2008-05-01

    This study investigated the relationship between iridological constitution and angiotensinogen (AGN) gene polymorphism in hypertensives. In addition to angiotensin converting enzyme gene, AGN genotype is also one of the most well studied genetic markers of hypertension. Furthermore, iridology, one of complementary and alternative medicine, is the diagnosis of the medical conditions through noting irregularities of the pigmentation in the iris. Iridological constitution has a strong familial aggregation and is implicated in heredity. Therefore, the study classified 87 hypertensive patients with familial history of cerebral infarction and controls (n = 88) according to Iris constitution, and determined AGN genotype. As a result, the AGN/TT genotype was associated with hypertension (chi2 = 13.413, p iridological constitutional classification increased the relative risk for hypertension in the subjects with AGN/T allele. These results suggest that AGN polymorphism predicts hypertension, and iridological constitutional classification enhances the risk for hypertension associated with AGN/T in a Korean population.

  18. Just Trust Us: A Short History of Emergency Powers and Constitutional Change

    NARCIS (Netherlands)

    de Wilde, M.

    2015-01-01

    This article focuses on the relationship between governmental emergency power (ie, the power to derogate from the laws in emergencies) and constitutional change. It seeks to explain how, in the past, uses of emergency power contributed to constitutional transformations. Three historical examples are

  19. Constitutional Law and International Law at the Turn of the Century ...

    African Journals Online (AJOL)

    Administrator

    Prof Dr Jochen Abr. Frowein, Director of the Max-Planck-Institute for Comparative Public. Law and ... To consider how Constitutional Law or International Law were understood in 1900 means to notice the immense .... In the relationship between the political organs of a state the role of the Constitutional Court should be seen ...

  20. The Process of Constitution-Making : a Law and Economics Analysis

    NARCIS (Netherlands)

    S. Michel (Stephan)

    2017-01-01

    markdownabstractThis dissertation analyzes the overarching question of how the process of constitution-making affects the written constitution from a law & economics perspective. To shed more light on this issue from a broad perspective, positive and normative research questions are dealt with.

  1. Non-Religion-Based State Constitutional Challenges to Educational Voucher and Tax Credit Programs

    Science.gov (United States)

    Green, Preston C., III

    2016-01-01

    This article provides an overview of non-religion-based state constitutional challenges to educational voucher and tax credit/scholarship programs. The first section discusses litigation examining whether education voucher programs violate constitutional provisions requiring the legislature to provide an efficient system of public schools. The…

  2. Constitutional law and international law at the turn of the century

    Directory of Open Access Journals (Sweden)

    JA Frowein

    1998-11-01

    Full Text Available Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century.Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949 were influential.Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts.Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal.Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction.The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system.In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community of nations.International law has also been

  3. Constitutional Property Rights Protection and Economic Growth: Evidence from the Post-Communist Transition

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    This paper seeks to estimate the economic growth effect of constitutional provisions for property rights protection. It does so using the unique situation in formerly communist countries in Central and Eastern Europe and the Caucasus where all but two introduced new constitutions after the fall...... of the Iron Curtain. The effects of implementing different constitutional provisions can therefore be observed in a group of countries with the same formal starting point. Estimates provide no evidence of positive effects and mainly point towards a negative conclusion: the introduction of constitutional...... protection of property rights is not associated with economic development in the long run, but tends to impose costs during a period of institutional transition and implementation proportional to the constitutional change....

  4. Constitutional Reform and Emergency Powers in Egypt and Tunisia

    NARCIS (Netherlands)

    Zwitter, Andrej

    Legal mechanisms governing the state of emergency can play an important role in authoritarian rule and post-revolutionary transition periods. Egypt has experienced the terror of a regime empowered by emergency law. In Tunisia, emergency law was not so much an issue before but rather after the

  5. Is there an association with constitutional structural chromosomal abnormalities and hematologic neoplastic process? A short review.

    Science.gov (United States)

    Panani, Anna D

    2009-04-01

    The occasional observation of constitutional chromosomal abnormalities in patients with a malignant disease has led to a number of studies on their potential role in cancer development. Investigations of families with hereditary cancers and constitutional chromosomal abnormalities have been key observations leading to the molecular identification of specific genes implicated in tumorigenesis. Large studies have been reported on the incidence of constitutional chromosomal aberrations in patients with hematologic malignancies, but they could not confirm an increased risk for hematologic malignancy among carriers of structural chromosomal changes. However, it is of particular interest that constitutional structural aberrations with breakpoints similar to leukemia-associated specific breakpoints have been reported in patients with hematologic malignancies. Because of insufficient data, it remains still unclear if these aberrations represent random events or are associated with malignancy. There has been a substantial discussion about mechanisms involved in constitutional structural chromosomal changes in the literature. The documentation of more patients with constitutional structural chromosomal changes could be of major importance. Most importantly, the molecular investigation of chromosomal regions involved in rearrangements could give useful information on the genetic events underlying constitutional anomalies, contributing to isolation of genes important in the development of the neoplastic process. Regarding constitutional anomalies in patients with hematologic disorders, a survey of the cytogenetic data of our cytogenetics unit is herein also presented.

  6. Discovery and development of inhibitors selective for human constitutive proteasome and immunoproteasome active sites

    NARCIS (Netherlands)

    Xin, B.

    2017-01-01

    This thesis describes the design and development of subunit‐selective inhibitors of particular catalytically active subunits of human constitutive proteasomes and immunoproteasomes. Most existing proteasome inhibitors are oligopeptides composed of 2‐4 amino acid residues, N‐terminally

  7. Constitutions of Nature by Teacher Practice and Discourse in Ontario Grade 9 and 10 Academic Science

    Science.gov (United States)

    Hoeg, Darren Glen

    This thesis presents an ethnographic study, based broadly on principles and methods of institutional ethnography, on the constitution of nature by nine Ontario Grade 9 and 10 Academic Science teachers. The intent of this methodological approach is to examine how the daily practice of participants works toward constituting nature in specific ways that are coordinated by the institution (Ontario public school and/or school science). Critical Discourse Analysis and general inductive analysis were performed on interview transcripts, texts related to teaching science selected by participants, and policy documents (i.e. curriculum; assessment policy) that coordinate science teacher practice. Findings indicate specific, dominant, and relatively uniform ontological and epistemological constitutions of nature. Nature was frequently constituted as a remote object, distant from and different than students studying it. More complex representations included constituting nature as a model, machine, or mathematical algorithm. Epistemological constitutions of nature were enacted through practices that engaged students in manipulating nature; controlling nature, and dominating nature. Relatively few practices that allow students to construct different constitutions of nature than those prioritized by the institution were observed. Dominant constitutions generally assume nature is simply the material to study, from which scientific knowledge can be obtained, with little ethical or moral consideration about nature itself, or how these constitutions produce discourse and relationships that may be detrimental to nature. Dominant constitutions of nature represent a type of objective knowledge that is prioritized, and made accessible to students, through science activities that attain a position of privilege in local science teacher cultures. The activities that allow students to attain the requisite knowledge of nature are collected, collated, and shared among existing science teachers

  8. Constitutional and administrative paradigms in judicial control over EU high and low politics

    OpenAIRE

    Cebulak Pola

    2017-01-01

    This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in characte...

  9. Inflation Performance and Constitutional Central Bank Independence. Evidence from Latin America and the Caribbean

    OpenAIRE

    Eva Gutiérrez

    2004-01-01

    This paper explores the relationship between the constitutional entrenchment of central bank independence and inflation performance. Empirical studies for developing countries have not found a relationship between central bank independence, proxied by the "de jure" independence established in the central bank law, and inflation. We argue that the constitution is likely to be better enforced than ordinary statutes owing to its higher legal rank. Our empirical analysis finds that in a sample of...

  10. Muslim personal law and the meaning of "law" in the South African and Indian constitutions

    OpenAIRE

    Rautenbach, Christa

    1999-01-01

    The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 199...

  11. Legal positions of the Constitutional Court of Ukraine: main signs and definition

    Directory of Open Access Journals (Sweden)

    Romana Reva

    2016-04-01

    Full Text Available The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine. The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine. There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of

  12. Association between iris constitution and apolipoprotein e gene polymorphism in hypertensives.

    Science.gov (United States)

    Um, Jae-Young; Hwang, Chung-Yeon; Hwang, Woo-Jun; Kang, Sung-Do; Do, Keum-Rok; Cho, Ju-Jang; Cho, Jae-Woon; Kim, Sung-Hoon; Shin, Tae-Yong; Kim, Yun-Kyung; Kim, Hyung-Min; Hong, Seung-Heon

    2004-12-01

    Iridology is a complementary and alternative medicine (CAM) that involves the diagnosis of medical conditions by noting irregularities of the pigmentation in the iris. Iris constitution has a strong familial aggregation and heredity is implicated. Apolipoprotein E (apoE) gene polymorphism is one of the most well-studied genetic markers for vascular diseases, including hypertension. In this study, we investigated the relationship between iris constitution and apoE polymorphism in hypertensives. We classified 87 hypertensives and 79 controls according to iris constitution and determined the apoE genotype of each individual. A significantly higher percentage of individuals with neurogenic constitutions was found in the hypertensive group when compared with the control group (chi(2) = 40.244, p < 0.001). In addition, a neurogenic constitution increased the relative risk for hypertension for subjects with an apo epsilon2 or an epsilon4 allele (chi(2) = 4.086, p = 0.049, odds ratio = 2.633, confidence interval = 1.004-6.905). Our results imply that a neurogenic iris constitution enhances the relative risk for hypertension in subjects with the apo epsilon2 or epsilon4 allele. Furthermore, we attempted to evaluate the efficacy of iris constitutional medicine and to find an association with hypertension.

  13. Limitation of Personal Rights and Duties in The Constitution: An Assessment in Terms of Tax Law

    OpenAIRE

    ORGAN, İbrahim; GÖLÇEK, Ali Gökhan

    2017-01-01

    The Constitution isthe main rules that regulates the mechanism of the state. In another saying,the Constitution is the document that shows the basic legal provisionsconcerning the functioning of organs in the state and the rights of citizens.The subject of the work, rights and duties held in the second part of the basicrights and duties headings in the second part of the Constitution of theRepublic of Turkey, are those which contain provisions that concern theindividual. In some cases it appe...

  14. Transnational Constitutional Law

    OpenAIRE

    Zumbansen, P (Peer); Bhatt, Kinnari

    2018-01-01

    textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its values by placing them ‘in context’ with existing and evolving cultural norms and political, social and economic discourses and struggles. Drawing on socio-legal investigations into the relationships ...

  15. Perch availability and ground cover: factors that may constitute ...

    African Journals Online (AJOL)

    In Succulent Karoe, pale chanting goshawks occupied areas where perch density (16 natural and 122 artificial/25 hal was significantly higher than in unoccupied areas (8 natural and 12 artificial/25 hal. The high proportion of cover formed by natural perches (trees and shrubs; 36%) and the low proportion of open ground ...

  16. Constitutional, legal and regulatory imperatives for the renewed care ...

    African Journals Online (AJOL)

    2016-05-12

    May 12, 2016 ... International Covenant on Economic, Social and Cultural. Rights (1966) (signed 1994 and ratified ... economic imbalances and inequities of the health services of the past and provides for many of the rights .... Marylyn Christianson, Special Olympics Disability. Summit, Shanghai, 2007). In the words of the ...

  17. Interdisciplinary and transdisciplinary institutions: do they constitute peripheries among cultures?

    Energy Technology Data Exchange (ETDEWEB)

    Vienni, B.; Vilsmaier, U.

    2016-07-01

    The paper presents the progress done in the project entitled “Challenges in interdisciplinary and transdisciplinary knowledge production: institutions, cultures and communities”. This research investigates challenges of interdisciplinary (ID) and transdisciplinary (TD) knowledge production, focusing on processes of institutionalization, cultural transformations and the characteristics of communities. The starting points for this research are two universities that have tackled the challenge of incorporating ID and TD in their institutional structure and study programs: the Center of Methods (Leuphana University Lüneburg, Germany) and the Espacio Interdisciplinario (Universidad de la República, Uruguay) (UdelaR). The conclusions are not closed only to Germany and Uruguay – but compared to other examples to draw a general model to describe answer the question addressed in this paper as well as to assess ID and TD institutions and to systematize learning in terms of fostering and hindering factors for ID institutionalization. This seeks to epistemic cultures that allow a defined identity based on those features of ID and TD evaluated as general enough to be valid in the German and Uruguayan academic contexts and not only in peripheries. In this sense, we want to contribute to the methodological and theoretical construction of what it can be named “Studies on Interdisciplinarity” in Uruguay and Latin America. (Author)

  18. Constitutional Socio-Economic Rights and International Law: "You ...

    African Journals Online (AJOL)

    Adenauer Foundation and Faculty of Law (NWU, Potchefstroom Campus) 3rd Human Rights Indaba on The Role of International Law in Understanding and Applying the Socio-economic Rights in South Africa's Bill of Rights.

  19. Effects of Perinatal and Other Constitutional Factors on Intelligence.

    Science.gov (United States)

    Vernon, Philip E.

    1979-01-01

    The author cites representative studies on the relationship of intelligence to nine specific factors: undernutrition and malnutrition; mother's health during pregnancy; prematurity; anoxia; smoking during pregnancy; childhood ill-health; twins; birth order; and brain damage. (SJL)

  20. Perch availability and ground cover: factors that may constitute ...

    African Journals Online (AJOL)

    1996-02-21

    Feb 21, 1996 ... pale chanting goshawks occupied areas where perch density (16 natural and 122 artificial/25 hal was signifi- ... sal and cooperative breeding in pale chanting goshawk families. ...... fortunes in the white-fronted bee-eater.

  1. constitutional immunity clause and the fight against corruption

    African Journals Online (AJOL)

    RAYAN_

    immunity clause and its sphere, extent and limits as it relates to the officers protected ..... of the Schooner Exchange v Mcfaddon24 where Chief Justice Marshall of .... Foreign Sovereign Immunities Act 1976 could lead to financial transactions.

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

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... state provide every person upon demand and without more with sufficient water. ... in common law, but both were decided as though access to water supply and ...

  3. politics, socio-economic issues and culture in constitutional

    African Journals Online (AJOL)

    Francois Venter

    attitudes of judicial officers regarding the manner in which the country should be governed ... and more changes are foreshadowed in the bill presently before. Parliament.5 ... is a mind open to persuasion by the evidence and the submissions ...

  4. 19th Century Christian Benevolence and the Unwritten Constitution

    Science.gov (United States)

    2007-05-01

    arranged. In this way, wealthy benefactors would be much more inclined to donate to the ABS because their philanthropy encouraged self-reliance...employment, that of doing good, and may lay the foundation of enlarged philanthropy , as well as solid piety, at a maturer age." 81 Butler, (450...the formal union of church and state. 102 Through their Machiavellian tactics and vast reservoirs of money and liquid assets, religious elites

  5. Bargaining on Law and Bureaucracies: A Constitutional Theory of Development

    OpenAIRE

    Brousseau, Eric; Schemeil, Yves; Sgard, Jérôme

    2010-01-01

    The process of development is linked to the rise of an integrated and competitive economy and polity that allow a maximal division of labor and innovation. This process relies on two intertwined dynamics. First, in the establishment of the rule of law, legal instruments are appropriated by those who call for more autonomy, resulting in a progressive equalization of rights. Second, development of a capable and impartial state is a prerequisite to implementation of rights, including their trans...

  6. National parliaments and European constitutionalism: accountability beyond borders

    NARCIS (Netherlands)

    Jancic, D.

    2011-01-01

    The structure and quality of EU democracy is greatly determined by the status that the European Union accords both to the European Parliament and to national parliaments. The potential that national parliaments carry for providing political accountability and democratic legitimacy to the EU

  7. The "brown" environmental agenda and the constitutional duties of ...

    African Journals Online (AJOL)

    This note explores the interrelationship between ecologically sustainable development (the green environmental agenda) and pro-poor urban development and environmental health (the brown environmental agenda) in relation to local government in South Africa. The meaning and relevance of the brown agenda versus ...

  8. What Constitutes Sexual Harassment and How Should Administrators Handle It?

    Science.gov (United States)

    Mansfield, Katherine Cumings; Beck, Amy Gray; Fung, Kakim; Montiel, Marta; Goldman, Madeline

    2017-01-01

    Gender discrimination and sexual harassment persist on college campuses across the United States. This seems especially obvious at the beginning of the academic year when many freshman women and their parents are welcomed to campus with sexually explicit signs displayed on all-male residences. But, sometimes, sexual harassment and gender…

  9. The constitutional rights of children and the Prevention of Organised ...

    African Journals Online (AJOL)

    The Prevention of Organised Crime Act 121 of 1998 [POCA] embodies a serious attempt by the South African government to effectively police and curb organised crime, money laundering and criminal gang activities in South Africa. The Act provides inter alia for a range of crippling fines and for orders such as confiscation ...

  10. Conflict between parents and adolescents : Variation by family constitution

    NARCIS (Netherlands)

    Honess, T.M; Charman, E.A; Zani, B; Cicognani, E; Xerri, M.L; Jackson, A.E.; Bosma, H.A.

    Conflicts between parents and adolescents were explored from the viewpoint of 13- and 15-year-old children (N = 397). There was support for Steinberg's (1989) distancing hypothesis: older children reported more aggression, more frustration and lower intimacy outcomes. There was also support for the

  11. 77 FR 17333 - Bylaws of the Board of Governors

    Science.gov (United States)

    2012-03-26

    ... Vice Chairman at any meeting of the Board during the year or years following the immediate past... amendments also formalized the process for notation voting (voting by paper ballot) on routine or... notation voting by paper ballot on routine, non-controversial, and administrative matters. List of Subjects...

  12. Formulation and Implementation of a Constitutive Model for Soft Rock

    OpenAIRE

    Hickman, Randall John

    2004-01-01

    Petroleum reservoirs located in the Norwegian sector of the North Sea have undergone unexpected subsidence of great magnitude (> 10 m) during more than 30 years of petroleum recovery operations. Historical laboratory investigations have shown that the subsidence is due to the mechanical behavior and mechanical properties of chalk. Chalk behavior is characterized by elastoplasticity, including pore collapse, shear failure, and tensile failure mechanisms; rate-dependence; and pore fluid depende...

  13. Constituting Market Citizenship: Regulatory State, Market Making and Higher Education

    Science.gov (United States)

    Jayasuriya, Kanishka

    2015-01-01

    The paper makes three claims: first that regulatory state making and market making in higher education is intertwined through a project of market citizenship that shapes the "publicness" of higher education. Second, we argue that these projects of market citizenship are variegated and in Australia has taken the form of accommodation--via…

  14. Mechanics of amorphous solids—identification and constitutive modelling

    NARCIS (Netherlands)

    van Dommelen, J.A.W.; Estevez, R.

    2018-01-01

    Both polymers and metals can be in an organised crystalline or amorphous glassy state, where for polymers usually at least a part of the structure is amorphous and metals are in a glassy state only when processed under special conditions. At the 15th European Mechanics of Materials Conference in

  15. Adichie's Purple Hibiscus and issues of ideology in the constitution ...

    African Journals Online (AJOL)

    ... as subjects, with the eventual emergence of Kambili to self-knowledge and condition of social responsibility. The aim of this is to examine how Adichie's Purple Hibiscus is typical of how the Nigerian novel engages itself in issues of ideology and how these issues, in turn, crystallize the challenges of nation-ness in Nigeria.

  16. Genetics and Cinema: Personal Misconceptions That Constitute Obstacles to Learning

    Science.gov (United States)

    Muela, Francisco Javier; Abril, Ana María

    2014-01-01

    The primary objective of this paper is to find out whether the genetic concepts conveyed by cinema could encourage students' personal misconceptions in this area. To that end, two sources of conceptions were compared: the students' personal concepts (from a consolidated bibliography and from an experimental sample) and the concepts conveyed by…

  17. the south african constitutional court and the rule of law

    African Journals Online (AJOL)

    cmps073

    Following Masethla's delivery of court papers to challenge the decision to suspend him as unlawful, a ... The separate concurring judgment of Sachs J is not discussed. ... and that he must assume political responsibility for the control and direction of these .... On this interpretation of the rule of law, procedural fairness is a firm.

  18. Curriculum, evaluation and the constitution of the teaching subject

    Directory of Open Access Journals (Sweden)

    Gabriela Pereira da Cunha Lima

    2016-09-01

    Full Text Available This paper analyzes in an articulated manner: a. the Minas Gerais State curriculum – Common Basic Content (CBC, Brazilian Portuguese abbreviation – and b. the evaluation guidelines linked to it – Public Education Evaluation System of Minas Gerais (SIMAVE, Brazilian Portuguese abbreviation from the understanding that neoliberal practices frame the curriculum and the evaluation within the economy perspective. The analysis approach takes neoliberalism as a government system in the Foucauldian sense, that is, one which produces processes of subjectivation on the teaching population in the State education system in Minas Gerais. Therefore, neoliberalism uses education aiming at preparing the individuals to the market, as an important mechanism of the Human Capital. Following this theoretical-methodological route, we investigated empirically the ongoing changes expressed in the official documents issued by the Minas Gerais State Education Secretariat (mainly those related to the CBC and SIMAVE. The results show the CBC as a proposal which is in tune with the Management Chock of the State Government from 2003 to 2014 which places the education in the State of Minas Gerais under regulating mechanisms of management and results, both in favor of the economy. The conclusion points to the articulation between CBC and SIMAVE acting as managerial and performing market practices through a number of powers and knowledges associated to it, making the curriculum proposal supposedly inseparable from such practices.

  19. [Experience of sexuality in patients with psoriasis and constitutional eczema].

    Science.gov (United States)

    van Dorssen, I E; Boom, B W; Hengeveld, M W

    1992-10-31

    In order to determine the effect of chronic skin disorders on sexuality a cross-sectional study was carried out in the Dermatological Outpatient Clinic of Leiden University Hospital. Fifty-two patients with psoriasis and 25 patients with atopic dermatitis filled in a questionnaire which included items on sexual responsiveness and satisfaction. The response rate was 84%. One-third of the patients, especially those with psoriasis, had problems with dating and starting sexual relationships, and were embarrassed in these relationships. The sexual responsiveness of both male and female patients was below that in the normal population. Women appeared to have more problems in this area then men. Their sexual satisfaction was lower than in the average Dutch population, whereas in men this trend was found to be reversed. Sexual responsiveness did not correlate with the extent of the skin disease or location around genital areas, but was associated with self-esteem and the number of emotional complaints. In the treatment of patients with chronic skin disorders attention should be paid to sexual problems that may arise. Groups that are especially affected are females and young psoriatics who have their first sexual relationship.

  20. Constitutional trisomy 8 mosaicism syndrome: case report and review.

    Science.gov (United States)

    Udayakumar, Achandira M; Al-Kindy, Adila

    2013-12-01

    Trisomy 8 mosaicism (Warkany syndrome) is a rare viable condition with variable phenotypes, ranging from mild dysmorphic features to severe malformations. Karyotyping and fluorescence in-situ hybridization potentially help detecting this low mosaic clone to confirm the diagnosis of patients with classical and unusual clinical presentations. This report reviews few previous cases to describe our case - a boy who had trisomy 8 mosaicism with severe dysmorphic features, born to a consanguineous Arabic couple. This study concludes that careful cytogenetic diagnoses of trisomy 8 mosaicism is essential for appropriate management and follow up of this rare disorder.

  1. Constitutional Syndrome, Ascites and Duodenal Thickening Presenting as Groove Pancreatitis

    Directory of Open Access Journals (Sweden)

    Jose Maria Frutos Perez

    2017-12-01

    Full Text Available Groove pancreatitis (GP is a very infrequent subtype of chronic pancreatitis affecting the pancreatic-duodenal junction. It usually manifests in middle-aged men with a history of chronic alcoholism, though it has also been described in women and in individuals who do not consume alcohol[1]. Even though the underlying etiology is unclear, chronic alcohol consumption is known to increase the viscosity of the pancreatic juice and exacerbate the inflammatory process[2]. We present a case of GP that posed diagnostic difficulties because it manifested as ascites and duodenal thickening, with pancreatic imaging findings initially normal.

  2. Development of CINPA1 analogs as novel and potent inverse agonists of constitutive androstane receptor

    OpenAIRE

    Lin, Wenwei; Yang, Lei; Chai, Sergio C.; Lu, Yan; Chen, Taosheng

    2015-01-01

    Constitutive androstane receptor (CAR, NR1I3) and pregnane X receptor (PXR, NR1I2) are master regulators of endobiotic and xenobiotic metabolism and disposition. Because CAR is constitutively active in certain cellular contexts, inhibiting CAR might reduce drug-induced hepatotoxicity and resensitize drug-resistant cancer cells to chemotherapeutic drugs. We recently reported a novel CAR inhibitor/inverse agonist CINPA1 (11). Here, we have obtained or designed 54 analogs of CINPA1 and used a ti...

  3. Constitutive law for the densification of fused silica with applications in polishing and microgrinding

    Science.gov (United States)

    Lambropoulos, John C.; Fang, Tong; Xu, Su; Gracewski, Sheryl M.

    1995-09-01

    We discuss a constitutive model describing the permanent densification of fused silica under large applied pressures and shear stresses. The constitutive law is assumed to be rate- independent, and uses a yield function coupling hydrostatic pressure and shear stress, a flow rule describing the evolution of permanent strains after initial densification, and a hardening rule describing the dependence of the incremental densification on the levels of applied stresses. The constitutive law accounts for multiaxial states of stress, since during polishing and grinding operations complex stress states occur in a thin surface layer due to the action of abrasive particles. Due to frictional and other abrasive forces, large shear stresses are present near the surface during manufacturing. We apply the constitutive law in estimating the extent of the densified layer during the mechanical interaction of an abrasive grain and a flat surface.

  4. Metaphysical Experience and Constitutive Error in Adorno's "Meditations on Metaphysics"

    NARCIS (Netherlands)

    Skirke, C.

    2012-01-01

    That current ideals of cognition impoverish experience is a classical observation, and complaint, of the early Frankfurt School. Adorno reacts to this phenomenon in several ways, among them his conception of metaphysical experiences. Metaphysical experiences are conventionally understood as

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

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

    There are other questions, too. For example, have the ... The research will combine legal and qualitative research methodologies, while engaging civil society groups. Researchers will ... Can more inclusive trade promote gender equality?

  6. ISLAMIC PARTIES AND THE POLITICS OF CONSTITUTIONALISM IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Mukrimin Mukrimin

    2012-12-01

    Full Text Available This article examines the relationship between religion and the state in Indonesia by exploring how Islam is used by political parties to shape the politics. The study shows that Islamic politics is a complementary in both nationhood and statehood in Indonesia. From the early days of the new-born nation-state, Muslims in Indonesia had played significant role in shaping the nation; nonetheless, they have never dominated the political power. Fragmentation among Muslims themselves and internal political parties is among the reason why religious (Islamic parties failed in bringing religious identity to the state arena. Political subordination-inclusion-ignorance-confrontation is the circular game that features Islamic politics in Indonesia. The debatable issue on shari‘ah law, which is frequently used by Islamic parties, always becomes the core problem of the relation between Islam and the state. Even though Islam has played an important role in colouring the Indonesian politics, its existence remains complementary.

  7. Legislating Women's Affirmative Action and its Constitutionality in ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 2 (2011) >. Log in or Register to get access to full text downloads.

  8. Structural and constitutional studies of some cerium-praseodymium alloys

    International Nuclear Information System (INIS)

    Altunbas, M.; Harris, I.R.

    1980-01-01

    Room temperature X-ray diffraction studies on some powdered Ce-Pr alloys indicate that the face-centred-cubic (fcc) structure extends from 0 to 65% Pr and the double hexagonal (dhcp) structure from 66 to 100% Pr, after a heat treatment of 600 0 C for 2 h and quickly cooling to room temperature. Variations of atomic volume with composition in both ranges indicate that the volume difference between the fcc form of praseodymium and the dhcp form is similar to that observed for α(dhcp) and β(fcc) lanthanum, whereas extrapolation to 100% Ce from the dhcp range gave an atomic volume for the dhcp Ce appreciably in excess of the atomic volume of fcc γ-Ce. This volume expansion is consistent with a slight change of the effective valency of the cerium atoms in the dhcp solid solutions when compared with the γ-Ce but there is uncertainty as to the precise atomic volume of dhcp β-Ce. The DTA studies indicate a narrow liquidus/solidus separation and the electrical resistivity and DTA measurements indicate a regular change with composition in the transition temperature of the high temperature bcc phase. For the dhcp-fcc transition there is a marked variation in the width of the hysteresis loop across the Ce-Pr system which can be correlated with the degree of plastic deformation involved in the transformation. There is a marked increase in the slope of the transition temperature with composition for the Pr-rich alloys and no such transition is observed for the praseodymium samples after one heating cycle. A possible dhcp-fcc transition, however, is indicated by the DTA traces of the commercially pure praseodymium sample on cycling with temperature and this has been attributed to the influence of interstitial impurities. (author)

  9. Phosphorylated derivatives of anabasine: synthesis, constitution and complex forming properties

    International Nuclear Information System (INIS)

    Babaev, B.N.

    2004-01-01

    Full text: With the purpose of detection of new effective extra gents of metals from number of sulphur containing derivatives of acids of phosphorus with different functional groups, analysis of effect of the different factors on selectivity of allocation of metals, installation of optimum conditions of an extraction, the detections of effective extra gents of noble metals from industrial sewage waters, are synthesized phosphorylated derivatives of the anabasine - O-alkyl-O-(anaba-sinoisopropyl)- and O-alkyl-O-(anabasinobutyn-2-yl)phenyl phosphonates and O-(anabasinoisopropyl)- and O-(anabasinobutyn-2-yl)diphenyl phosphonates In an IR-spectrum about O-pentyl-O-[anabasinoisopropyl]phenylphosphonate There are absorption band of the following functional groups (ν, cm -1 ): (P-O-C 5 H 11 ) 990-1000, (P = 0) 1250, (P-C 6 H 5 )1450, (C-N in cycle) 1550. In a spectrum PMR O-(anabasinobutyn-2-yl)phenylphosphonate in the field of a weak field apart from signals of two phenylic radicals the signals of a b-displaced pyridine, reference for a molecule anabasine are observed: Hαa-8,46 p.m., H α '-8,41 p.m., H γ -7,60 p.m. And H β -7,15 p.m. A double triplet at 4,70 p.m. And triplet at 3,05 p.m. Belong to signals OCH 2 and N-CH 2 of groups, accordingly, separated by acetylene bond. The signals of piperidine cycle of anabasine have the following chemical shifts: H 2a -3,27 p.m., H 6e -2,78 p.m., H 6a -2,45 p.m., and remaining protons (6H, m, CH 2 ) are in resonance in the field of 1,1-1,9 p.m. The analysis of mass-spectrometer decay of the synthesized connections has shown, that the mass-spectrometer fragmentation M * about - O-alkyl-O- (anabasinoisopropyl) phenylphosphonates flows past in different directions and is characterized, as against about O-alkyl-O-(anabasinobutyn-2-yl)phenyl-phosphonates, large number of phosphor containing ions; the availability of the second phenylic radical in molecules anabasincontaining derivatives of a diphenyl phosphinic acid essentially

  10. Development and deployment of constitutive softening routines in Eulerian hydrocodes.

    Energy Technology Data Exchange (ETDEWEB)

    Fuller, Timothy Jesse; Dewers, Thomas A.; Swan, Matthew Scot

    2013-03-01

    The state of the art in failure modeling enables assessment of crack nucleation, propagation, and progression to fragmentation due to high velocity impact. Vulnerability assessments suggest a need to track material behavior through failure, to the point of fragmentation and beyond. This eld of research is particularly challenging for structures made of porous quasi-brittle materials, such as ceramics used in modern armor systems, due to the complex material response when loading exceeds the quasi-brittle material's elastic limit. Further complications arise when incorporating the quasi-brittle material response in multi-material Eulerian hydrocode simulations. In this report, recent e orts in coupling a ceramic materials response in the post-failure regime with an Eulerian hydro code are described. Material behavior is modeled by the Kayenta material model [2] and Alegra as the host nite element code [14]. Kayenta, a three invariant phenomenological plasticity model originally developed for modeling the stress response of geologic materials, has in recent years been used with some success in the modeling of ceramic and other quasi-brittle materials to high velocity impact. Due to the granular nature of ceramic materials, Kayenta allows for signi cant pressures to develop due to dilatant plastic ow, even in shear dominated loading where traditional equations of state predict little or no pressure response. When a material's ability to carry further load is compromised, Kayenta allows the material's strength and sti ness to progressively degrade through the evolution of damage to the point of material failure. As material dilatation and damage progress, accommodations are made within Alegra to treat in a consistent manner the evolving state.

  11. Mechanics of Granular Materials : Constitutive Behavior and Pattern Transformation

    NARCIS (Netherlands)

    Göncü, F.

    2012-01-01

    From pharmaceutical to mining or traveling desert dunes to earthquakes, granular materials are at the heart of many industries and natural phenomena. Improving the efficiency of the machines handling them or, constructing safer buildings requires a critical understanding of their behavior. However,

  12. Between Norms and Facts: The Constitutional Court's Commitment ...

    African Journals Online (AJOL)

    The problem of pluralism is not – as Habermas and Judt show – a uniquely South African conundrum. That said, it's universality does not mean we can ignore it's challenges. Our schools remain wonderful places to reshape the manner in which we engage others who appear foreign to us. This article concludes that until our ...

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

    African Journals Online (AJOL)

    The PDF file you selected should load here if your Web browser has a PDF reader plug-in installed (for example, a recent version of Adobe Acrobat Reader). If you would like more information about how to print, save, and work with PDFs, Highwire Press provides a helpful Frequently Asked Questions about PDFs.

  14. The Constitution and National Security: A Bicentennial View

    Science.gov (United States)

    1990-04-01

    Lexington. Ky.: tnisersitt of Kenitick\\ P~ress. 1962), pp). 31 -33, 41 -46. See also Barbara Situ air. Cmiicsnnal Reah~ipimenl. 1 925-1 978 (A.\\ust...gress, along with certain US citizenis and~ residIentts of’ N ic- ar agua . con~terided thtat Congress had beent (epti-ed o its right to partkicilate

  15. Kerkhoff v Minister of Justice and Constitutional Development 2011 ...

    African Journals Online (AJOL)

    General consensus exists that the adversarial nature of the South African criminal procedure with its often aggressive cross-examination of a witness, sometimes by an accused himself, will in most cases expose a child to undue mental stress or suffering when having to testify in court. In confirmation of this fact and with a ...

  16. National security and the constitutional right to join military trade ...

    African Journals Online (AJOL)

    The unionisation of the South African Military Forces has tested both lawyers and the South African legal system. However, there is very little academic commentary on this important subject. In this article, the policy, which allowed the unionisation of the South African military, the influence of the policy on national security, ...

  17. The constitutional validity of search and seizure powers in South ...

    African Journals Online (AJOL)

    The Criminal Procedure Act1 had long provided the only legal basis for obtaining warrants to search and seize or to perform such actions without warrant in certain circumstances. The Criminal Procedure Act embodies the general provisions with regard to searching. Specific provisions are contained in many other Acts.

  18. legislating women's affirmative action and it's constitutionality in ...

    African Journals Online (AJOL)

    Mofasony

    discriminatory the practice that encouraged separate schools for Blacks and White ... so unsettled with affirmative action police that seek to empower the women folk by .... there is equal pay for equal work without discrimination on account ..... that lack of legislation gives room for non-implementation of even the best policies.

  19. Constitution and thermodynamics of Pt-La alloys

    International Nuclear Information System (INIS)

    Reimann, S.; Schaller, H.-J.

    2006-01-01

    A complete set of thermodynamic functions was determined for the Pt-La system from electromotive force measurements on galvanic cells in the temperature range from 923 to 1073 K using CaF 2 single crystals as solid electrolytes. The phases on the platinum-rich side show pronounced negative deviations from ideal mixing behaviour; at 1073 K and infinite dilution, for instance, the relative partial excess Gibbs energy of La was determined to be -315 kJ/mol. Two effects are discussed to account for the deviations from ideal mixing behaviour: the transfer of the valence electrons of La to the electron gas of the alloy and the lattice distortion brought about by the size difference of the components. The phase relations were investigated by means of thermal, and X-ray analyses. The thermodynamic description of the system was optimized using experimental data from the present thermodynamic and phase diagram work. The calculated thermodynamic functions as well as the calculated phase diagram turned out to be in excellent accordance with the experimental results

  20. constitutional socio-economic rights and international law

    African Journals Online (AJOL)

    Oskar Gstrein

    2012-10-10

    Oct 10, 2012 ... autonomy.4 On the other hand, socialist countries tried to emphasise the importance ... legally binding on its members.7 In order to overcome this, the work .... In effect and as we all know, multi-national companies sometimes ...

  1. Mechanical characterization and constitutive modeling of the coronary artery

    NARCIS (Netherlands)

    Broek, van den C.N.

    2010-01-01

    Coronary heart disease is the most frequently occurring cardiovascular disease in Europe. The components of the arterial wall are strongly related to the arterial mechanical behavior, and the composition may change because of remodeling processes that take place in the arterial wall, upon disease or

  2. Stochastic isotropic hyperelastic materials: constitutive calibration and model selection

    Science.gov (United States)

    Mihai, L. Angela; Woolley, Thomas E.; Goriely, Alain

    2018-03-01

    Biological and synthetic materials often exhibit intrinsic variability in their elastic responses under large strains, owing to microstructural inhomogeneity or when elastic data are extracted from viscoelastic mechanical tests. For these materials, although hyperelastic models calibrated to mean data are useful, stochastic representations accounting also for data dispersion carry extra information about the variability of material properties found in practical applications. We combine finite elasticity and information theories to construct homogeneous isotropic hyperelastic models with random field parameters calibrated to discrete mean values and standard deviations of either the stress-strain function or the nonlinear shear modulus, which is a function of the deformation, estimated from experimental tests. These quantities can take on different values, corresponding to possible outcomes of the experiments. As multiple models can be derived that adequately represent the observed phenomena, we apply Occam's razor by providing an explicit criterion for model selection based on Bayesian statistics. We then employ this criterion to select a model among competing models calibrated to experimental data for rubber and brain tissue under single or multiaxial loads.

  3. Corporate Speech and the Constitution: The Deregulation of Tobacco Advertising

    Science.gov (United States)

    Gostin, Lawrence O.

    2002-01-01

    In a series of recent cases, the Supreme Court has given businesses powerful new First Amendment rights to advertise hazardous products. Most recently, in Lorillard Tobacco Co v Reilly (121 SCt 2404 [2001]), the court invalidated Massachusetts regulations intended to reduce underage smoking. The future prospects for commercial speech regulation appear dim, but the reasoning in commercial speech cases is supported by only a plurality of the court. A different First Amendment theory should recognize the importance of population health and the low value of corporate speech. In particular, a future court should consider the low informational value of tobacco advertising, the availability of alternative channels of communication, the unlawful practice of targeting minors, and the magnitude of the social harms. PMID:11867306

  4. The body constitution type influence on charolais breeds cattle meat production and quality

    OpenAIRE

    Jukna V.; Jukna Č.; Pečiulaitienė N.; Meškinytė-Kaušilienė E.

    2011-01-01

    The article presents data the most common body constitution types and their impact on meat production and quality on Charolais breed. Four body constitution types were researched in the breed: large, small, muscular and lightweight (commercial) type. For each type were selected in 15-16 uncastrated bulls, which were reared Control feeding station in identical feeding and storage conditions of up to 500 days age. Feeding control has been carried out from 210...

  5. Phase constitution and corrosion resistance of Al–Co alloys

    Energy Technology Data Exchange (ETDEWEB)

    Palcut, Marián, E-mail: marian.palcut@gmail.com; Priputen, Pavol; Šalgó, Kristián; Janovec, Jozef

    2015-09-15

    Al–24Co, Al–25Co, Al–26Co, Al–27Co and Al–28Co alloys (composition in atomic percent) were prepared by arc-melting in high purity argon. Each alloy was found to consist of several microstructure constituents. Precipitation sequences of different intermetallic compounds were described based on a previously published Al–Co phase diagram and non-equilibrium processes taking place during casting. Electrochemical corrosion was investigated by potentiodynamic polarization in aqueous NaCl solution at room temperature. A large amount of pitting is observed, with some of the phases being preferentially corroded. The nobility of Al–Co intermetallic compounds is discussed in terms of chemical composition and crystal structure. Conclusions towards the alloy stability are provided. - Highlights: • Al–24Co to Al–28Co alloys were prepared by arc-melting in high purity argon. • Precipitation sequences of different intermetallic compounds have been observed. • Anodic alloy dissolution takes place by galvanic mechanism. • Nobility of Al–Co intermetallic compounds increases with increasing Co concentration.

  6. Religion, Human Rights and Constitutional-Contract Politics in Malaysia

    Directory of Open Access Journals (Sweden)

    Marzuki Mohamad

    2008-12-01

    Full Text Available Normal 0 false false false EN-MY X-NONE AR-SA MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} Abstract: The debate about human rights in Malaysia took a new turn in the early twenty-first century when it started to focus on the issue of religious freedom. The proponents of secular-liberal notion of religious freedom argued that religious and racial harmony would be better achieved if Malaysians of all races and religions enjoy absolute religious freedom, which includes the right to renounce Islam. However, the secular-liberal approach to religious freedom, contrary to the expectation of its proponents, accentuates religious and racial division in Muslim-majority Malaysia.

  7. Canadian Constitutional Guarantee of "Liberty" as It Affects Education and Children.

    Science.gov (United States)

    Khan, Anwar N.

    1993-01-01

    The Fifth Amendment to the United States Constitution stipulates that no person is to be deprived of liberty without due process of law. Examines the Canadian courts' interpretations of "liberty" as it applies to education and children. (MLF)

  8. A constitutive model of nanocrystalline metals based on competing grain boundary and grain interior deformation mechanisms

    KAUST Repository

    Gurses, Ercan; El Sayed, Tamer S.

    2011-01-01

    In this work, a viscoplastic constitutive model for nanocrystalline metals is presented. The model is based on competing grain boundary and grain interior deformation mechanisms. In particular, inelastic deformations caused by grain boundary

  9. The Constitution and Operation of the Constant Temperature Anemometer(CTA:IFA 300)

    Energy Technology Data Exchange (ETDEWEB)

    Nam, H. Y.; Kim, J. M.; Choi, B. H.; Choi, J. H.; Jeong, J. Y.; Kim, B. H.; Kim, T. J.; Cha, J. E.; Kim, H. R

    2005-09-15

    This study shows the constitution and application method on constant temperature anemometer(CTA-Model : IFA 300 by TSI Co.). Especially, the software instruction(Thermal Pro Ver. 4.55) was re-adjusted for users.

  10. The right to the protection of personal data between law and constitution

    Directory of Open Access Journals (Sweden)

    Maria Carmen Aguilar Del Castillo

    2016-06-01

    Full Text Available The aim of the article is, on the one hand, to analyze the content and scope of fundamental right to the protection of personal data, provided by art. 18.4 of the Spanish Constitution; on the other, to decline this right in the context of the employment relationship starting from the interpretation given by the Spanish Constitutional Court in judgment no. 39/2016. The contrast between this right and the freedom of enterprise, which is realized in the power of organization, control and supervision of work performance, is resolved by the Constitutional Court in the light of the principles of proportionality, suitability and necessity. The outcome of the balancing leads the Constitutional Court to establish the prevalence of the entrepreneurial freedom on the right to privacy of the employee.

  11. Approximation to the constitutional regulation of the participatory democracy in Colombia and Spain. Compared study

    Directory of Open Access Journals (Sweden)

    Alfredo Ramírez Nárdiz

    2015-06-01

    Full Text Available With the constitutions of 1991 and 1978 as a benchmark, Colombia and Spain have respectively regulated various instruments of participatory democracy. This article aims to answer the research question of how to regulate constitutionally participatory democracy in both countries and defends the hypothesis that although the two countries have different regulations, with the Colombian much more developed than the Spanish, the practice in both countries is quite similar, is, low.

  12. 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

  13. The Pontifical College of la Sapiencia of Majorca during the seventeenth century: constitutions and collegials

    Directory of Open Access Journals (Sweden)

    Rafael RAMIS BARCELÓ

    2015-04-01

    Full Text Available This paper seeks to make known the Pontifical College of la Sapiencia of Majorca throughout their sources since its founding in 1633 until 1700. Some especial attention is deserved to the Constitutions of the Centre, compared with the Constitutions of Presentation College of Valencia. The article discusses particularly College life, Studies and Visits. The document is intended as a contribution to the academic and ecclesiastical history that provides a better understanding of Majorcan training institutions in the seventeenth century.

  14. Testing constitutive relations by running and walking on cornstarch and water suspensions

    Science.gov (United States)

    Mukhopadhyay, Shomeek; Allen, Benjamin; Brown, Eric

    2018-05-01

    The ability of a person to run on the surface of a suspension of cornstarch and water has fascinated scientists and the public alike. However, the constitutive relation obtained from traditional steady-state rheology of cornstarch and water suspensions has failed to explain this behavior. In another paper we presented an averaged constitutive relation for impact rheology consisting of an effective compressive modulus of a system-spanning dynamically jammed structure [R. Maharjan et al., this issue, Phys. Rev. E 97, 052602 (2018), 10.1103/PhysRevE.97.052602]. Here we show that this constitutive model can be used to quantitatively predict, for example, the trajectory and penetration depth of the foot of a person walking or running on cornstarch and water. The ability of the constitutive relation to predict the material behavior in a case with different forcing conditions and flow geometry than it was obtained from suggests that the constitutive relation could be applied more generally. We also present a detailed calculation of the added mass effect to show that while it may be able to explain some cases of people running or walking on the surface of cornstarch and water for pool depths H >1.2 m and foot impact velocities VI>1.7 m/s, it cannot explain observations of people walking or running on the surface of cornstarch and water for smaller H or VI.

  15. The right to appeal under the constitution of Albania and court jurisdiction

    Directory of Open Access Journals (Sweden)

    Donika Plakolli

    2017-03-01

    Full Text Available The right to appeal is both a fundamental human right and a procedural tool, whereby parties exercise examination of the lawfulness of court rulings, etc. The constitution of the Republic of Albania, 1 approved in 1998, expressly provides for and guarantees the right to file an appeal. Unlike other rights, this fundamental right was not restricted, being in accordance with Article 17 of the Constitution, except for cases otherwise provided in the Constitution. In accordance with this constitutional right and guarantee, all codes of administrative procedures, civil and criminal procedure, provided for and widely guaranteed the exercise of the right to file an appeal. This absence of restriction of the right to fi le an appeal brought about an overload of court cases and trial delays, thus making the completion of the adjudication within a reasonable deadline uncertain. As a result, there rose the necessity to limit this right in the Constitution of the Republic of Albania. The amendments to the Constitution by Law no. 76/2016 also limited the right to fi le an appeal under Article 17 of the Constitution. However, these amendments were not complete, as they did not entail the exercise of the right to file an appeal against decisions of administrative authorities. The jurisdiction of the Constitutional Court of Albania is a guarantee of the right to appeal/effective access in the civil and administrative process, although slightly controversial in the criminal process. However, positive developments regarding the guarantee of effective access to the court have recently occurred. Even in the broad jurisdiction of the European Court of Human Rights, when cases from Albania have been adjudicated, violations of the right to effective appeal have been observed in the criminal process.

  16. ConstitutionalJustice: Cases of Protection of Freedom and Personal Security in Colombia

    Directory of Open Access Journals (Sweden)

    Viridiana Molinares Hassan

    2014-07-01

    Full Text Available In this paper we present the results of an investigation about judicial protection of freedom and personal security granted by the Constitutional Court (cc of Colombia, with a comparative analysis between the period 1992-2001, to which governments have appointed period of postconstitucionales, which coincides with the issuance of the 1991 Constitution, and the creation of constitutional jurisdiction, and the period 2002-2010, during which it ran the Democratic Security Policy (dsp as a government policy proposal by former president Álvaro Uribe, whose aim was to achieve peace through the declaration of war to the guerrilla group Revolutionary Armed Forces of Colombia (farc. Our interest is to show that the protection of freedom and personal security as the basis of the Constitutional (ec finds in the cc his greatest guarantor, even against closing courts in other jurisdictions that are still rooted in the failed legal positivist paradigm, ignoring the postulates of neoconstitutionalism dc sufficiently developed from a process of creative interpretation and decision-making. This coupled with the importance for the branches of power and knowledge associated scope of freedom and personal security developed by the cc in the difficult context of irregular warfare that exists in Colombia, yet it is, for universal constitutionalism, an example of the development of legal guarantor in the context of current constitutionalism.

  17. The constitutional systems of those countries having no constitutions (reflexions made upon the state, society and political culture of those countries

    Directory of Open Access Journals (Sweden)

    Óscar Mago Bendahán

    2008-12-01

    Full Text Available Traditionally, the idea of a Constitution has been associated with the separation of powers and the guarantee of the rights, duties and the freedom of the citizens within the area of a state. However, reality permits us to confirm that the mea- ning of «Constitution» does not always mean that it is synonymous of a unique text. On the other hand, where it exists it does not always absolutely reflect the political and social reality of the country in question. The diversity of circumstances and situations allows us to detect a number of suppositions about those countries without constitutions, either because historically they have not found it necessary due to the dynamics of the state which does not con- sider it necessary to have one. Thus, inevitably springs the intellectual necessity of imagining a new concept of a Constitucional Law that would extend beyond the strict schemes of the positivists’ minds. As a result, the labor to be done would be a product of that common concern which would become a starting point of future researchs for the authors. Key words: State, Constitution, Citizenship, Interpretation of Law, Education. 

  18. The Constitutional Court Adjudication and Its Implications for the Justice Seekers

    OpenAIRE

    Sutiyoso, Bambang

    2008-01-01

    The Constitutional Court adjudication, as the nature of a court decision, implies the rights that the justice seekers will appreciate. It is unfortunate, however, that the appeal procedures for those who dissatisfied with such adjudication has yet to be issued, and this may produce the disadvantages for the purpose of affording justice. For such reason, the amendment on Procedures of the Constitutional Court, particularly in the appeal procedures, is very much needed.

  19. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  20. 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

    Full Text Available Objective to develop a comprehensive scientific conception of the constitutional foundations of the property rights of citizens and organizations for real estate. Methods general and specific scientific methods including formal logical methods hypothesis analysis synthesis deduction induction. The special methods included historical legaltechnical interdisciplinary comparativelegal systemic and other methods of scientific cognition. Results first the Constitution of the Russian Federation does not contain detailed regulation of property relations as they are regulated by the branches of Civil law. Therefore as certain property disputes affect substantial property interests of physical and juridical persons which are not under the protection of property rights in the traditional sense there is a need for a broad interpretation of the relevant provisions of the Russian Constitution. However the mixing of proprietary and contractual rights in this case does not occur. Second the Russian Civil Code reproducing and specifying the constitutional provisions as principles of private law form a direct normative basis of the whole civil law. However the constitutional law attributes a broader meaning to the notions of property and property right than the traditional civil law. Third the possible limitations of the Federal law of the rights of ownership use and disposition of property as well as freedom of entrepreneurship and freedom of contract must meet the requirements of justice to be adequate proportionate be of general and abstract character be not retroactive and not affect the essence of constitutional rights i.e. not limit the scope and application of the substantive content of the relevant constitutional norms.The possibility of such limitations and their nature must be determinedby the need to protect the significant values ndash the foundations of the constitutional system morality health rights and lawful interests of other persons provision

  1. Constitutional and administrative paradigms in judicial control over EU high and low politics

    Directory of Open Access Journals (Sweden)

    Cebulak Pola

    2017-11-01

    Full Text Available This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor or constitutional (judicial review as guarantee of fundamental rights in character and determined by the Court itself. Even though one would expect a dominance of the administrative paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically sensitive adjudication, rather than a coherent approach to legitimizing the nascent judicial review in EU external relations.

  2. Constitutional and administrative paradigms in judicial control over EU high and low politics

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2017-01-01

    This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external...... to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in character and determined by the Court itself. Even though one would expect a dominance of the administrative...... paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically...

  3. Entropic Constitutive Relation and Modeling for Fourier and Hyperbolic Heat Conductions

    Directory of Open Access Journals (Sweden)

    Shu-Nan Li

    2017-12-01

    Full Text Available Most existing phenomenological heat conduction models are expressed by temperature and heat flux distributions, whose definitions might be debatable in heat conductions with strong non-equilibrium. The constitutive relations of Fourier and hyperbolic heat conductions are here rewritten by the entropy and entropy flux distributions in the frameworks of classical irreversible thermodynamics (CIT and extended irreversible thermodynamics (EIT. The entropic constitutive relations are then generalized by Boltzmann–Gibbs–Shannon (BGS statistical mechanics, which can avoid the debatable definitions of thermodynamic quantities relying on local equilibrium. It shows a possibility of modeling heat conduction through entropic constitutive relations. The applicability of the generalizations by BGS statistical mechanics is also discussed based on the relaxation time approximation, and it is found that the generalizations require a sufficiently small entropy production rate.

  4. The Madrid Royal Schools of St. Elisabeth and Loreto according Constitutions of 1715 and 1718

    Directory of Open Access Journals (Sweden)

    Beatriz COMELLA GUTIÉRREZ

    2013-02-01

    Full Text Available The Madrid Royal Schools of Saint Elizabeth and Loreto were founded by Philip II at the end of 16th Century. Both institutions provided education for orphan girls. They still exist as Catholic coeducational schools granted by the Education Department. These two Schools were Royal Sponsorship belonging to Palace ecclesiastical jurisdiction. The Schools Constitutions sanctioned by Philip V have been preserved until now. Although these Schools have a parallel history, the mentioned Constitutions are completely different for each School. According to these Norms, the Madrid Royal Schools of Saint Elizabeth and Loreto have many differences between them.

  5. The constitutive distributed parameter model of multicomponent chemical processes in gas, fluid and solid phase

    International Nuclear Information System (INIS)

    Niemiec, W.

    1985-01-01

    In the literature of distributed parameter modelling of real processes is not considered the class of multicomponent chemical processes in gas, fluid and solid phase. The aim of paper is constitutive distributed parameter physicochemical model, constructed on kinetics and phenomenal analysis of multicomponent chemical processes in gas, fluid and solid phase. The mass, energy and momentum aspects of these multicomponent chemical reactions and adequate phenomena are utilized in balance operations, by conditions of: constitutive invariance for continuous media with space and time memories, reciprocity principle for isotropic and anisotropic nonhomogeneous media with space and time memories, application of definitions of following derivative and equation of continuity, to the construction of systems of partial differential constitutive state equations, in the following derivative forms for gas, fluid and solid phase. Couched in this way all physicochemical conditions of multicomponent chemical processes in gas, fluid and solid phase are new form of constitutive distributed parameter model for automatics and its systems of equations are new form of systems of partial differential constitutive state equations in sense of phenomenal distributed parameter control

  6. Constitutive and herbivore-induced volatiles in pear, alder and hawthorn trees

    NARCIS (Netherlands)

    Scutareanu, P.; Bruin, de J.; Posthumus, M.A.; Drukker, B.

    2003-01-01

    Qualitative and quantitative differences among pear cultivars were found in constitutive and Cacopsylla-induced volatiles, depending on experimental treatment of the trees (i.e., uninfested and partly or completely infested by psyllids). Blend differences were also found between pear cultivars and

  7. Comparison of physically based constitutive models characterizing armor steel over wide temperature and strain rate ranges

    International Nuclear Information System (INIS)

    Xu, Zejian; Huang, Fenglei

    2012-01-01

    Both descriptive and predictive capabilities of five physically based constitutive models (PB, NNL, ZA, VA, and RK) are investigated and compared systematically, in characterizing plastic behavior of the 603 steel at temperatures ranging from 288 to 873 K, and strain rates ranging from 0.001 to 4500 s −1 . Determination of the constitutive parameters is introduced in detail for each model. Validities of the established models are checked by strain rate jump tests performed under different loading conditions. The results show that the RK and NNL models have better performance in the description of material behavior, especially the work-hardening effect, while the PB and VA models predict better. The inconsistency that is observed between the capabilities of description and prediction of the models indicates the existence of the minimum number of required fitting data, reflecting the degree of a model's requirement for basic data in parameter calibration. It is also found that the description capability of a model is dependent to a large extent on both its form and the number of its constitutive parameters, while the precision of prediction relies largely on the performance of description. In the selection of constitutive models, the experimental data and the constitutive models should be considered synthetically to obtain a better efficiency in material behavior characterization

  8. Racial and Religious Discrimination in Charitable Trusts: A Current Analysis of Constitutional and Trust Law Solutions

    Science.gov (United States)

    Adams, Roy M.

    1976-01-01

    The process by which constitutional and trust law have blended together in the charitable trust field is examined. Focus is on whether a settlor can expect racial and religious restrictions in a charitable trust to be allowed, how to deal with them if they are, and what happens to the trust property if they are not. (LBH)

  9. Clinical Study of the Relationship between Eczema TCM Syndrome Types and TCM constitution

    Directory of Open Access Journals (Sweden)

    Weian Mao

    2015-04-01

    Full Text Available Objective To investigate the relationship between Eczema TCM syndrome types and TCM constitutional. Methods 100 cases of eczema were randomly selected and numbered, then sum up the results of report after using DSO1- A system that collect lingual, facial and sphygmic to identify the types of TCM constitution. Finally, the results were analyzed. Results The results show that the nine types of moderate physical quality account for 58.3% of spreading damp-heat pattern , Phlegm-dampness constitution 25.7% of the pattern of spleen vacuity with damp-heat, and yin deficiency 32.1% of the pattern of blood vacuity and wind-dryness. Conclusion There was a correlation between Eczema TCM syndrome types and TCM constitutional. Spreading damp-heat pattern was associated with moderate physical quality. The pattern of spleen vacuity with damp-heat was connected to Phlegm-dampness constitution. The pattern of blood vacuity and wind-dryness had relation with yin deficiency.

  10. Constitutional and Judicial Language Protection in Multilingual States: A Brief Overview of South Africa and Belgium

    NARCIS (Netherlands)

    I. Bambust (Isabelle); A. Kruger (Albert); T. Kruger (Thalia)

    2013-01-01

    markdownabstract__Abstract__ The purpose of this contribution is to provide a very modest comparison of judicial language protection in South Africa and in Belgium. First of all, the authors sketch briefly the historical context and the constitutional status of languages in both countries. It is

  11. Constitutive modeling for analysis and design of aluminum sheet forming processes

    International Nuclear Information System (INIS)

    Barlat, F.; Chung, K.; Yoon, J-W.; Choi, S-H.

    2000-01-01

    Finite element modeling (FEM) technology is one of the most powerful tools used to design new products, i.e. appliances, automotive, rigid packaging and aerospace parts, etc., and processes. However, FEM users need data and models to characterize the materials used to fabricate the new products. In fact, they need more information than the traditional and standard yield strength, ultimate strength, elongation, etc. Constitutive models and their associated coefficients represent a new way to describe material properties, a way that can be used by FEM users. In order to help manufacturers use more aluminum alloy sheet in their products, appropriate material models are needed to analyze and design specifically for these materials. This work describes a methodology that provides phenomenological constitutive equations based on three main microstructure components of aluminum alloys: dislocation density, second-phase particles and crystallographic texture. Examples of constitutive equations and their applications to numerical sheet forming process analysis and design are provided in this work. (author)

  12. Constitutive behavior of as-cast AA1050, AA3104, and AA5182

    Science.gov (United States)

    van Haaften, W. M.; Magnin, B.; Kool, W. H.; Katgerman, L.

    2002-07-01

    Recent thermomechanical modeling to calculate the stress field in industrially direct-chill (DC) cast-aluminum slabs has been successful, but lack of material data limits the accuracy of these calculations. Therefore, the constitutive behavior of three aluminum alloys (AA1050, AA3104, and AA5182) was determined in the as-cast condition using tensile tests at low strain rates and from room temperature to solidus temperature. The parameters of two constitutive equations, the extended Ludwik equation and a combination of the Sellars-Tegart equation with a hardening law, were determined. In order to study the effect of recovery, the constitutive behavior after prestraining at higher temperatures was also investigated. To evaluate the quantified constitutive equations, tensile tests were performed simulating the deformation and cooling history experienced by the material during casting. It is concluded that both constitutive equations perform well, but the combined hardening-Sellars-Tegart (HST) equation has temperature-independent parameters, which makes it easier to implement in a DC casting model. Further, the deformation history of the ingot should be taken into account for accurate stress calculations.

  13. Correlation between Traditional Chinese Medicine Constitution and Dyslipidemia: A Systematic Review and Meta-Analysis

    Directory of Open Access Journals (Sweden)

    Ye-lin Ma

    2017-01-01

    Full Text Available Objective. To study the correlation between Traditional Chinese Medicine (TCM constitution and dyslipidemia. Methods. CNKI, VIP, Wanfang database, CBMdisc, PubMed, and Embase were searched, and meta-analysis was performed by Review Manager 5.2 software. Results. Altogether 11 studies were included with 12890 individuals. The results showed that balanced constitution was a protective factor of dyslipidemia (OR = 0.62, 95% CI 0.47~0.82 while phlegm-dampness constitution was a risk factor of it (OR = 2.50, 95% CI 2.22~2.80, and the effect of phlegm-dampness constitution in South China (OR = 3.31, 95% CI 1.71~6.43 was more obvious than that in East (OR = 2.40, 95% CI 2.06~2.80 and North China (OR = 2.24, 95% CI 1.81~2.78. Conclusion. This study provides evidence for the prevention and treatment of dyslipidemia in TCM. However, most of the studies included are of moderate quality; more high quality, multicenter, large-sample studies are expected to provide higher level evidence.

  14. Statistical damage constitutive model for rocks subjected to cyclic stress and cyclic temperature

    Science.gov (United States)

    Zhou, Shu-Wei; Xia, Cai-Chu; Zhao, Hai-Bin; Mei, Song-Hua; Zhou, Yu

    2017-10-01

    A constitutive model of rocks subjected to cyclic stress-temperature was proposed. Based on statistical damage theory, the damage constitutive model with Weibull distribution was extended. Influence of model parameters on the stress-strain curve for rock reloading after stress-temperature cycling was then discussed. The proposed model was initially validated by rock tests for cyclic stress-temperature and only cyclic stress. Finally, the total damage evolution induced by stress-temperature cycling and reloading after cycling was explored and discussed. The proposed constitutive model is reasonable and applicable, describing well the stress-strain relationship during stress-temperature cycles and providing a good fit to the test results. Elastic modulus in the reference state and the damage induced by cycling affect the shape of reloading stress-strain curve. Total damage induced by cycling and reloading after cycling exhibits three stages: initial slow increase, mid-term accelerated increase, and final slow increase.

  15. Constitutional provisions. Peaceful uses of nuclear energy and the back end of the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Kremser, H.

    1996-01-01

    In its ruling of July 12, 1993, the German Federal Administrative Court decided on the lawfulness of the permit for the Emsland Nuclear Power Station and, in this process, also dealt with the question whether the peaceful utilization of nuclear power must be criticized under constitutional aspects because of the current absence of a repository for radioactive waste. The court assumes that legislators should be able to have confidence in the problem of waste management safety being solved. For the constitutional permissibility of the peaceful utilization of nuclear power it was sufficient, under the aspect of waste management safety, that work was being done in the exploration and construction of repositories for radioactive waste. This court ruling provokes a more detailed examination of the provisions in the constitution about matters of radioactive waste disposal. In this context, it must be borne in mind that statements in the constitution about the permissibility of the peaceful uses of nuclear power have repercussions on the question whether the peaceful utilization of nuclear power meets with constitutional objections based on the aspect of waste management safety. (orig.) [de

  16. Mechanical modeling for magnetorheological elastomer isolators based on constitutive equations and electromagnetic analysis

    Science.gov (United States)

    Wang, Qi; Dong, Xufeng; Li, Luyu; Ou, Jinping

    2018-06-01

    As constitutive models are too complicated and existing mechanical models lack universality, these models are beyond satisfaction for magnetorheological elastomer (MRE) devices. In this article, a novel universal method is proposed to build concise mechanical models. Constitutive model and electromagnetic analysis were applied in this method to ensure universality, while a series of derivations and simplifications were carried out to obtain a concise formulation. To illustrate the proposed modeling method, a conical MRE isolator was introduced. Its basic mechanical equations were built based on equilibrium, deformation compatibility, constitutive equations and electromagnetic analysis. An iteration model and a highly efficient differential equation editor based model were then derived to solve the basic mechanical equations. The final simplified mechanical equations were obtained by re-fitting the simulations with a novel optimal algorithm. In the end, verification test of the isolator has proved the accuracy of the derived mechanical model and the modeling method.

  17. Constitutional Court's Review and the Future of Water Law in Indonesia

    Directory of Open Access Journals (Sweden)

    Mohamad Mova Al'Afghani

    2006-06-01

    Full Text Available Enactment of the Water Law in Indonesia has arises public debate. The Judicial Review of the Law by the Constitutional added to this controversy as it puts the legality of the water regime in Indonesia in a "twilight zone". This article explained the historical background of the water regime in Indonesia and its development, analyze the position of water rights and human rights to water under Indonesian Constitution, elaborates the key provisions of Indonesian water law, elaborate water law's judicial review by the Constitutional Court, analyzes the legal consequences of the review and recommend the government on the parts of the law that needs to be amended or modified. The author also discusses several important issues that needs to be weighed by governments when creating the water law's implementing regulation, including regulating several standard contract provisions between government and water investors.

  18. Constitutive properties and material model development for marine sediments in support of the subseabed disposal program

    International Nuclear Information System (INIS)

    Baladi, G.Y.; Akers, S.A.

    1981-01-01

    The purpose of the theoretical investigation was to develop an appropriate elastic-plastic effective-stress constitutive model and the necessary numerical algorithms for seabed sediments for use in computer code simulations of both early-time dynamic penetration of waste canisters and late-time hole closure. The purpose of the experimental program was to provide high-pressure dynamic stress-strain and strength properties for seabed sediments of interest, which in conjunction with data provided by the University of Rhode Island (URI), could be used to guide the development and verification of a constitutive model for such materials. The results of the theoretical program are documented in Part I of this report, which contains four chapters. The fundamental basis of elastic-plastic constitutive models is presented in Chapter 1. The numerical implementation of the elastic-plastic models is discussed in Chapter 2. The development of the effective-stress constitutive model for seabed sediments is presented in Chapter 3. The behavior of this effective-stress model under hydrostatic and triaxial compression test conditions is illustrated in Chapter 4. Part II deals with the experimental program and includes five chapters. Chapter 1 deals with background geotechnical information regarding the physical properties of seabed sediments and presents the scope of the experimental program. Testing equipment and specimen preparation are described in Chapter 2. Chapter 3 outlines test procedures and techniques. Test results are presented in Chapter 4. Representative constitutive properties for Pacific illite are given in Chapter 5. Comparison of the final effective-stress constitutive model fits with laboratory test data are presented in Part III. The numerical values of the material model constants for Pacific illite are also summarized therein. Part IV contains a summary and recommendations for future work

  19. Technological Agency in the Co-Constitution of Legal Expertise and the US Drone Program

    DEFF Research Database (Denmark)

    Leander, Anna

    2013-01-01

    over the legal status of the US drone program. Target killing suggests that the drone program may be legally regulated. Extrajudicial execution suggests that it falls outside the realm of legality. This article does not seek to settle which terminology is the most appropriate. Instead it analyses...... the legal expertise struggling to do so and its implications. More specifically, it focuses on the processes through which drones constitute the legal expertise that constitutes the drone program as one of targeted killings and of extrajudicial executions; that is, on a process of co-constitution. Drawing...... theoretical inspiration from and combining new materialist approaches (especially as articulated by Bruno Latour) with the sociological approach of Pierre Bourdieu, the article shows that drones have ‘agency’ in the ‘field’ of legal expertise pertaining to the drone program. Drones are redrawing...

  20. Postendocytic sorting of constitutively internalized dopamine transporter in cell lines and dopaminergic neurons

    DEFF Research Database (Denmark)

    Eriksen, Jacob; Bjørn-Yoshimoto, Walden Emil; Jørgensen, Trine Nygaard

    2010-01-01

    The dopamine transporter (DAT) mediates reuptake of released dopamine and is the target for psychostimulants, such as cocaine and amphetamine. DAT undergoes marked constitutive endocytosis, but little is known about the fate and sorting of the endocytosed transporter. To study DAT sorting in cells...... lines, we fused the one-transmembrane segment protein Tac to DAT, thereby generating a transporter (TacDAT) with an extracellular antibody epitope suited for trafficking studies. TacDAT was functional and endocytosed constitutively in HEK293 cells. According to an ELISA-based assay, TacDAT intracellular...

  1. The Right To Appeal For The Social Insurance As A Human And Constitutional Right

    Directory of Open Access Journals (Sweden)

    Selita Mirela

    2015-12-01

    Full Text Available Magna Carat is a highly significant document that found the way into the rights and the constitutions. Magna Carat is a symbol of human and constitutional rights. Social insurance is part of the social security and the recognition of social security as a basic human right is enshrined in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris and furthermore the European Conventions on Human Rights, specially the article 6.

  2. Development and validation of constitutive equation of HBS irradiation swelling considering hydrostatic pressure

    International Nuclear Information System (INIS)

    Gao Lijun; Jiang Shengyao; Yu Jiyang; Chen Bingde; Xiao Zhong

    2014-01-01

    The mechanism of hydrostatic pressure affecting the irradiation swelling of UO_2 high burnup structure was analyzed. Three basic assumptions used to develop the constitutive equation of irradiation swelling were made accordingly. It is concluded that hydrostatic pressure imposes an important impact on irradiation swelling mainly through compressing the UO_2 high burnup structure pores. Based on the already developed correlation of the irradiation swelling of UO_2 high burnup structure, pore shrinkage due to the application of hydrostatic pressure and thus the reduction of irradiation swelling of UO_2 high burnup structure were determined quantitatively, and the constitutive equation of irradiation swelling of UO_2 high burnup structure considering the hydrostatic pressure was constructed successfully. The constitutive equation is validated using available irradiation swelling data of UO_2 high burnup structure, which demonstrates its reasonability. (authors)

  3. Solving the dynamic rupture problem with different numerical approaches and constitutive laws

    Science.gov (United States)

    Bizzarri, A.; Cocco, M.; Andrews, D.J.; Boschi, Enzo

    2001-01-01

    We study the dynamic initiation, propagation and arrest of a 2-D in-plane shear rupture by solving the elastodynamic equation by using both a boundary integral equation method and a finite difference approach. For both methods we adopt different constitutive laws: a slip-weakening (SW) law, with constant weakening rate, and rate- and state-dependent friction laws (Dieterich-Ruina). Our numerical procedures allow the use of heterogeneous distributions of constitutive parameters along the fault for both formulations. We first compare the two solution methods with an SW law, emphasizing the required stability conditions to achieve a good resolution of the cohesive zone and to avoid artificial complexity in the solutions. Our modelling results show that the two methods provide very similar time histories of dynamic source parameters. We point out that, if a careful control of resolution and stability is performed, the two methods yield identical solutions. We have also compared the rupture evolution resulting from an SW and a rate- and state-dependent friction law. This comparison shows that despite the different constitutive formulations, a similar behaviour is simulated during the rupture propagation and arrest. We also observe a crack tip bifurcation and a jump in rupture velocity (approaching the P-wave speed) with the Dieterich-Ruina (DR) law. The rupture arrest at a barrier (high strength zone) and the barrier-healing mechanism are also reproduced by this law. However, this constitutive formulation allows the simulation of a more general and complex variety of rupture behaviours. By assuming different heterogeneous distributions of the initial constitutive parameters, we are able to model a barrier-healing as well as a self-healing process. This result suggests that if the heterogeneity of the constitutive parameters is taken into account, the different healing mechanisms can be simulated. We also study the nucleation phase duration Tn, defined as the time

  4. Global Constitutionalism, Control of Conventionality and the Right to Strike in Chile

    Directory of Open Access Journals (Sweden)

    Gonzalo Aguilar Cavallo

    2016-01-01

    Full Text Available n the Inter-American context, the control of conventionality promoted by the Inter-American Court of Human Rights is linked to the process of construction of an ius commune in human rights. Human rights are identified as norm of constitutional character. The universality of human rights allows its consideration as an aspect of global constitutionalism. This paper aims at determining whether the control of conventionality can be considered an expression of global constitutionalism within the Inter-American region. We hold that the control of conventionality in the Inter-American system has propelled the application of a minimum standard of human rights and has stimulated the emergence of an ius commune in human rights.

  5. Interleukin-7 Plasma Levels in Human Differentiate Anorexia Nervosa, Constitutional Thinness and Healthy Obesity.

    Science.gov (United States)

    Germain, Natacha; Viltart, Odile; Loyens, Anne; Bruchet, Céline; Nadin, Katia; Wolowczuk, Isabelle; Estour, Bruno; Galusca, Bogdan

    2016-01-01

    Interleukin-7 (IL-7) is a cytokine involved in energy homeostasis as demonstrated in rodents. Anorexia nervosa is characterized by restrained eating behavior despite adaptive orexigenic regulation profile including high ghrelin plasma levels. Constitutional thinness is a physiological condition of resistance to weight gain with physiological anorexigenic profile including high Peptide YY plasma level. Healthy obesity can be considered as a physiological state of resistance to weight loss with opposite appetite regulating profile to constitutional thinness including low Peptide YY plasma level. No studies in IL-7 are yet available in those populations. Therefore we evaluated circadian plasma levels of IL-7 in anorexia nervosa compared to constitutional thinness, healthy obese and control females. 10 restrictive-type anorexia nervosa women, 5 bingeing/purging anorexia nervosa woman, 5 recovered restrictive anorexia nervosa women, 4 bulimic females, 10 constitutional thinness women, 7 healthy obese females, and 10 normal weight women controls were enrolled in this cross-sectional study, performed in endocrinology unit and academic laboratory. Twelve-point circadian profiles of plasma IL-7 levels were measured in each subject. 24h mean IL-7 plasma levels (pg/ml, mean±SEM) were decreased in restrictive-type anorexia nervosa (123.4±14.4, panorexia nervosa (24.2±5.6, panorexia nervosa (64.2±16.1, p = 0.01) and healthy obese patients (51±3.2, panorexia nervosa, confirming its difference with constitutional thinness. Healthy obesity, with low IL-7, is once again in mirror image of constitutional thinness with normal high IL-7.

  6. Stanley Cavell, Classical Hollywood and the Constitution of the Ordinary (With Notes on Billy Wilder

    Directory of Open Access Journals (Sweden)

    Tatjana Jukić

    2016-04-01

    Full Text Available When in his Tanner lectures Stanley Cavell sets out to define Ordinary Language Philosophy or – rather – to explain how it demarcates philosophy as such, he takes up psychoanalytic literary criticism in order to articulate the terms of this task. Yet the constitution of the ordinary, in Cavell, is never quite accessed from within psychoanalysis-cum-literature alone; instead, it takes another relation, that of psychoanalysis and literature to classical Hollywood, for Cavell to address the ordinary in terms of its constitution. I propose to discuss this complex using two films by Billy Wilder as a passageway to Cavell’s analytic procedure.

  7. Bolívar’s "Discurso de Angostura" and the constitution of the people

    Directory of Open Access Journals (Sweden)

    Paola Rudan

    2014-12-01

    Full Text Available This introduction provides a close reading of Simón Bolívar’s Discurso de Angostura (1819 as an attempt to understand the relationship between revolution and constitution within the frame of the civil war which inflamed Venezuela after the declaration of independence. While constitution is usually conceived by modern political thought as the act which puts an end to revolution by formalizing the constituent will of the people, in South America it emerges as a device to realize the preconditions of the revolution itself.

  8. On the Constitution of SoTL: Its Domains and Contexts

    Science.gov (United States)

    Booth, S.; Woollacott, L. C.

    2018-01-01

    In this paper, we present an analysis of the Scholarship of Teaching and Learning in Higher Education (SoTL) which contributes to SoTL both as a field of research practice and as a background to professional development in higher education. We analyse and describe the constitution of the field, and in so doing address its nature in the face of the…

  9. The Dutch constitution beyond 200 : Tradition and innovation in a multilevel legal order

    NARCIS (Netherlands)

    Franco Ferrari, Giuseppe; Passchier, Reijer; Voermans, W.J.M.

    2018-01-01

    This book covers the updated papers presented at a seminar in Leiden, the Netherlands in November 2016, which was organized by the Italian Public Comparative and European Law Association (DPCE) and the Department of Constitutional and Administrative Law of Leiden University in celebration of the

  10. Robotic and Multiaxial Testing for the Determination of 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 continuously increases. Consequently, the needs for accurate structural design and material qualification and certification as well as the needs for aging predictions further underline the need for accurate constitutive...

  11. Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools, February 7, 2003.

    Science.gov (United States)

    Paige, Rod

    A letter from Rod Paige, United States Secretary of Education, introduces a booklet which provides guidance to state educational agencies (SEAs), local educational agencies (LEAs), and the public on constitutionally protected prayer in U.S. public elementary and secondary schools. The guidance also sets forth and explains the responsibilities of…

  12. A physically-based constitutive model for SA508-III steel: Modeling and experimental verification

    Energy Technology Data Exchange (ETDEWEB)

    Dong, Dingqian [National Die & Mold CAD Engineering Research Center, Shanghai Jiao Tong University, 1954 Huashan Rd., Shanghai 200030 (China); Chen, Fei, E-mail: feechn@gmail.com [National Die & Mold CAD Engineering Research Center, Shanghai Jiao Tong University, 1954 Huashan Rd., Shanghai 200030 (China); Department of Mechanical, Materials and Manufacturing Engineering, University of Nottingham, Nottingham NG7 2RD (United Kingdom); Cui, Zhenshan, E-mail: cuizs@sjtu.edu.cn [National Die & Mold CAD Engineering Research Center, Shanghai Jiao Tong University, 1954 Huashan Rd., Shanghai 200030 (China)

    2015-05-14

    Due to its good toughness and high weldability, SA508-III steel has been widely used in the components manufacturing of reactor pressure vessels (RPV) and steam generators (SG). In this study, the hot deformation behaviors of SA508-III steel are investigated by isothermal hot compression tests with forming temperature of (950–1250)°C and strain rate of (0.001–0.1)s{sup −1}, and the corresponding flow stress curves are obtained. According to the experimental results, quantitative analysis of work hardening and dynamic softening behaviors is presented. The critical stress and critical strain for initiation of dynamic recrystallization are calculated by setting the second derivative of the third order polynomial. Based on the classical stress–dislocation relation and the kinetics of dynamic recrystallization, a two-stage constitutive model is developed to predict the flow stress of SA508-III steel. Comparisons between the predicted and measured flow stress indicate that the established physically-based constitutive model can accurately characterize the hot deformations for the steel. Furthermore, a successful numerical simulation of the industrial upsetting process is carried out by implementing the developed constitutive model into a commercial software, which evidences that the physically-based constitutive model is practical and promising to promote industrial forging process for nuclear components.

  13. A physically-based constitutive model for SA508-III steel: Modeling and experimental verification

    International Nuclear Information System (INIS)

    Dong, Dingqian; Chen, Fei; Cui, Zhenshan

    2015-01-01

    Due to its good toughness and high weldability, SA508-III steel has been widely used in the components manufacturing of reactor pressure vessels (RPV) and steam generators (SG). In this study, the hot deformation behaviors of SA508-III steel are investigated by isothermal hot compression tests with forming temperature of (950–1250)°C and strain rate of (0.001–0.1)s −1 , and the corresponding flow stress curves are obtained. According to the experimental results, quantitative analysis of work hardening and dynamic softening behaviors is presented. The critical stress and critical strain for initiation of dynamic recrystallization are calculated by setting the second derivative of the third order polynomial. Based on the classical stress–dislocation relation and the kinetics of dynamic recrystallization, a two-stage constitutive model is developed to predict the flow stress of SA508-III steel. Comparisons between the predicted and measured flow stress indicate that the established physically-based constitutive model can accurately characterize the hot deformations for the steel. Furthermore, a successful numerical simulation of the industrial upsetting process is carried out by implementing the developed constitutive model into a commercial software, which evidences that the physically-based constitutive model is practical and promising to promote industrial forging process for nuclear components

  14. 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 ...

  15. Subjects of the State within the Russian Federation: Constitutional and Legal Framework

    Science.gov (United States)

    Tumanov, Dmitriy Yu.; Sakhapov, Rinat R.

    2016-01-01

    The purpose of this study is to analyze the modern problems of federalism in the Russian Federation. In particular, the article examines the main provisions of the Constitution of the Russian Federation, which regulate the legal status of subjects in the Russian Federation, their rights and responsibilities, limits of autonomy and differentiation…

  16. Criminal Justice Majors' Basic Knowledge of U.S. Constitutional Rights and Pedagogical Implications

    Science.gov (United States)

    Heuer, Janet; Coggins, Porter E.

    2017-01-01

    Criminal justice students preparing at the university level will be required to possess knowledge and understanding of applicable constitutional law, rights and responsibilities upon entering their profession to ensure the competent execution of the duties of which they will be entrusted to perform. Students majoring in the criminal justice field…

  17. Schooling, Organisation of the Constitutional Monarchy and the Education of Citizens (Brazil, 1822-1889)

    Science.gov (United States)

    Veiga, Cynthia Greive

    2013-01-01

    The objective of this article is to analyse the process of institutionalisation of public elementary schooling associated with the political organisation of the constitutional monarchy and the legislation regarding citizen rights and prerogatives in Brazil, especially in the province of Minas Gerais, during the nineteenth century. During this…

  18. Misconceptions of High School Students Related to the Conceptions of Absolutism and Constitutionalism in History Courses

    Science.gov (United States)

    Bal, Mehmet Suat

    2011-01-01

    The goal of this study is to analyze the 10th grade high school students' misconceptions related to the sense of ruling in the Ottoman State during the absolutist and constitutional periods and to investigate the causes of these misconceptions. The data were collected through eight open-ended questions related to the concepts of absolutism and…

  19. Study on Yang-Xu Using Body Constitution Questionnaire and Blood Variables in Healthy Volunteers

    Directory of Open Access Journals (Sweden)

    Hong-Jhang Chen

    2016-01-01

    Full Text Available Traditional Chinese medicine (TCM formulates treatment according to body constitution (BC differentiation. Different constitutions have specific metabolic characteristics and different susceptibility to certain diseases. This study aimed to assess the Yang-Xu constitution using a body constitution questionnaire (BCQ and clinical blood variables. A BCQ was employed to assess the clinical manifestation of Yang-Xu. The logistic regression model was conducted to explore the relationship between BC scores and biomarkers. Leave-one-out cross-validation (LOOCV and K-fold cross-validation were performed to evaluate the accuracy of a predictive model in practice. Decision trees (DTs were conducted to determine the possible relationships between blood biomarkers and BC scores. According to the BCQ analysis, 49% participants without any BC were classified as healthy subjects. Among them, 130 samples were selected for further analysis and divided into two groups. One group comprised healthy subjects without any BC (68%, while subjects of the other group, named as the sub-healthy group, had three BCs (32%. Six biomarkers, CRE, TSH, HB, MONO, RBC, and LH, were found to have the greatest impact on BCQ outcomes in Yang-Xu subjects. This study indicated significant biochemical differences in Yang-Xu subjects, which may provide a connection between blood variables and the Yang-Xu BC.

  20. Constitutional Mandate for Free and Compulsory Education: New Light on the Intention of the "Founding Fathers"

    Science.gov (United States)

    Juneja, Nalini

    2015-01-01

    The original constitutional provision for free and compulsory education, granted under Article 45 stated that it was to be available for "all children until they complete the age of fourteen years", but it did not specify the lower age limit nor the stage of education (whether elementary or primary) that would be free and compulsory.…

  1. Oral and constitutional manifestations of HIV-infected hospital patients in Northern Vietnam

    DEFF Research Database (Denmark)

    Jensen, Tomas O; Tam, Vu V; Mai, Nguyen T

    2005-01-01

    This study reports clinical features, with emphasis on oral lesions and constitutional signs, of 170 patients in a regional hospital in northern Vietnam, of whom 56 were HIV positive. The purpose of the study was to investigate the relationship of oral hairy leukoplakia (OHL) and oropharyngeal ca...

  2. Teaching "United States v. Windsor": The Defense of Marriage Act and Its Constitutional Implications

    Science.gov (United States)

    Ciocchetti, Corey

    2014-01-01

    This article represents background material that can be used e along with the "United States v. Windsor" case to teach Constitutional Law (particularly federalism, due process, and equal protection) and the legal debate surrounding same-sex marriage in America. Professors may assign it as background reading before or after a…

  3. Constitutional Reform and the Opportunity for Higher Education Access in Ecuador since 1950

    Science.gov (United States)

    Post, David

    2011-01-01

    Ecuador's 2008 Constitution--and a subsequent law on higher education passed in its wake--effectively suspended student fees for public universities. The goal of this reform was to increase equality of opportunity. In this article I use newly-available individual-level retrospective information from the 2001 Census to explore gender and ethnic…

  4. "Woman's Place" in the Constitution: The Supreme Court and Gender Discrimination

    Science.gov (United States)

    Levin, Betsy

    1975-01-01

    Article discussed the Supreme Court's response to constitutional attacks from state and federal laws on women's rights, the judicial treatment of racially-based discrimination versus that of gender-based discrimination, and the most recent Supreme Court decisions on gender-based discrimination. (Author/RK)

  5. A class of constitutive relations with internal variable derivatives. Derivation from homogenization and initial value problem

    International Nuclear Information System (INIS)

    Andrieux, S.; Joussemet, M.; Lorentz, E.

    1996-01-01

    A general framework for deriving and using a class of constitutive laws incorporating spatial gradients of internal variables is presented. It uses two basic ingredients: a derivation of such models by homogenization techniques and a reformulation of the evolution equation at the scale of the whole structure. (orig.)

  6. Global constitutionalism, applied to global health governance: uncovering legitimacy deficits and suggesting remedies.

    Science.gov (United States)

    Ooms, Gorik; Hammonds, Rachel

    2016-12-03

    Global constitutionalism is a way of looking at the world, at global rules and how they are made, as if there was a global constitution, empowering global institutions to act as a global government, setting rules which bind all states and people. This essay employs global constitutionalism to examine how and why global health governance, as currently structured, has struggled to advance the right to health, a fundamental human rights obligation enshrined in the International Covenant on Economic, Social and Cultural Rights. It first examines the core structure of the global health governance architecture, and its evolution since the Second World War. Second, it identifies the main constitutionalist principles that are relevant for a global constitutionalism assessment of the core structure of the global health governance architecture. Finally, it applies these constitutionalist principles to assess the core structure of the global health governance architecture. Leading global health institutions are structurally skewed to preserve high incomes countries' disproportionate influence on transnational rule-making authority, and tend to prioritise infectious disease control over the comprehensive realisation of the right to health. A Framework Convention on Global Health could create a classic division of powers in global health governance, with WHO as the law-making power in global health governance, a global fund for health as the executive power, and the International Court of Justice as the judiciary power.

  7. The mechanisms of constitutional reform in and the legitimation of the peace agreements

    Directory of Open Access Journals (Sweden)

    José Luis Sañudo Ospina

    2017-03-01

    Full Text Available The Colombian state is about to close one of the worst chapters in its history: the war against FARC (Revolutionary Armed Forces of Colombia that has lasted for more than five decades. After more than three years of discussions, the parties have settled on important agreements such as the de-escalation of the armed conflict and transitional justice mechanisms. It is thus time for the State to use constitutional and legal means to incorporate the agreements into the national legal system. President Juan Manuel Santos has called for a plebiscite as the means to legitimate the peace agreements. As a surprise to many, the plebiscite did not obtain the votes needed for its implementation, leaving it’s future in uncertainty. The government is now considering other alternatives, such as pass it through congress, call for an open council meeting and even call for a new plebiscite. The main aim of this article is to analyze the mechanisms of constitutional reform existing in the Colombian legal system to validate the Havana Talks. Some concepts, and constitutional and legal regulations will be studied and various mechanisms of citizen participation and constitutional reform will be contrasted that may help to achieve the government expectations with the peace process.

  8. Constitutional Models of Semi-Presidential Systems of Government in Russia and Poland

    Directory of Open Access Journals (Sweden)

    Davor Boban

    2006-01-01

    Full Text Available The establishment of new political systems in Central and Eastern Europe after the collapse of communist regimes implied a decision on a new system of government instead of the earlier proclaimed assembly system. The position of the framers of the Constitution on the need for a strong institution of state presidency during the transition process, and the correlation of forces between diff erent actors in the political arena, have resulted in the establishment of the semi-presidential system in many of these countries. In Russia and Poland, with the fi rst modifi cations of their Constitutions, some elements of semi-presidentialism were adopted, and then the whole concept of semi-presidentialism has been accepted. The constitutional models in the two countries are compatible with the criteria of semi-presidential systems – they have a dual structure of the executive branch of government and a fi xed term of the state president elected on the general elections and politically unaccountable to the parliament. The political practice in these countries during the last fi fteen years has shown diff erent eff ects of the established system. In Russia, the state president dominated so much over the political system that the system was virtually presidential, while in Poland the constitutional changes in 1990, 1992 and 1997 have resulted in the change of the correlation of forces within the dual structure of the executive branch of government.

  9. Land-restoration provisions of the Surface Mining Control and Reclamation Act: constitutional considerations

    Energy Technology Data Exchange (ETDEWEB)

    Eichbaum, W.M.; Buente, D.T.

    1980-01-01

    This examination of the land-capability requirements of SMCRA rested upon the proposition that a proper application of constitutional principles requires an appreciation of changing national conditions. Accordingly, this article examined the possible Fifth and Tenth Amendment challenges to SMCRA's land-capability provisions in the context of an evolving history of national concern over natural resources and in light of lengthy congressional deliberations based on concern for future national environmental and energy needs. The analysis suggests that SMCRA's land-capability requirements are well within the constitutional authority of the national government. The history of environmental protection legislation in the 1970's suggests that Federal action will increasingly impose regulatory restraints on the use of privately-owned natural resources. This trend is meeting strong resistance, including varied demands to reduce the impact and scope of Federal regulation. While the conclusion may be limited to SMCRA, its approach to examining constitutional challenges to Federal regulation protecting natural resources can be broadly applied. Natural resources are essential, finite, and irrevocably threatened by human activity. In the absence of effective state action, Federal protective action to provide national management of those resources is necessary and consistent with constitutional principles. 184 references.

  10. Pre-salt new regulatory mark and the economic order: constitutionality analysis

    International Nuclear Information System (INIS)

    Pinheiro, Marcela Brasil Pedrosa; Araujo, Mayara de Carvalho; Xavier, Yanko Marcius; Guimaraes, Patricia Borba Vilar

    2010-01-01

    The discovery of vast reserves of hydrocarbons in the pre-salt layer that extends from Espirito Santo to Santa Catarina, added with the economic and strategic value of oil and natural gas, has brought discussion about the reasonableness of the regulatory model adopted so far. Would be prudent to explore these resources through the concession model? From detailed analysis of the doctrinal and bills that aim to inaugurate the new regulatory bills, we sought to answer this question, based majorly on the principles of economic activity applied in our constitutional system. Motivated by the analysis of these constitutional principles proposed, the State is seen as a regulating agent of the economic activities, fulfilling its role to supervise, encourage and plan the direction of national economic system. The sharing model gives greater state involvement and is able to convert the wealth of pre-salt in citizenship, but only if well implemented. Thus, based on constitutional principles and the notion of development as freedom, the conclusion of this paperwork is for the constitutionality of the new regulatory bills. (author)

  11. Adaptation and contrast of woman's status in the constitution and Iran's statutory laws

    Directory of Open Access Journals (Sweden)

    Nasrin Salehi Shahrabi

    2017-06-01

    Full Text Available The role of women is examined by referring to the executive power of family courts, in fact their ultimate power, and by the reason why input issues in these courts face legal weaknesses. This article begins with examining the constitution and posing some questions. We are in search of an answer to the first question regarding the status of women in constitution, referring to the significance of this place from the perspective of a lawmaker. We follow the article by examining the twentieth and twenty-first principles and posing some questions. For example, a question raised is that why equality of rules for men and women, which is discussed in the constitution, is not observed in statutory laws in practice. By exploring different theories on the twentieth principle of the constitution of the Islamic Republic of Iran, we investigated a clause from the twenty first principle. Also, by posing some questions, we tried to conclude if women in Iran get their material and spiritual rights. By a quick look at the development statistics, we analyzed the clause of the twenty-first principle, mentioned rights of this stratum of society during pregnancy and came to a conclusion by their examination. We pursued by raising and reviewing the questions on custody along with studying the legal materials around this issue. Finally, we examined women's inheritance. After selecting and collecting the presented articles, we can created another definition in the men and women's minds about the rights and change their attitude regarding their lawful and conscience right if law makers pay attention and try to improve the civil laws on this specific issue. We can also solve family issues through arbitration and observe the increasing clients' reduction to the family courts.

  12. Constitutive modeling and structural analysis considering simultaneous phase transformation and plastic yield in shape memory alloys

    Science.gov (United States)

    Hartl, D. J.; Lagoudas, D. C.

    2009-10-01

    The new developments summarized in this work represent both theoretical and experimental investigations of the effects of plastic strain generation in shape memory alloys (SMAs). Based on the results of SMA experimental characterization described in the literature and additional testing described in this work, a new 3D constitutive model is proposed. This phenomenological model captures both the conventional shape memory effects of pseudoelasticity and thermal strain recovery, and additionally considers the initiation and evolution of plastic strains. The model is numerically implemented in a finite element framework using a return mapping algorithm to solve the constitutive equations at each material point. This combination of theory and implementation is unique in its ability to capture the simultaneous evolution of recoverable transformation strains and irrecoverable plastic strains. The consideration of isotropic and kinematic plastic hardening allows the derivation of a theoretical framework capturing the interactions between irrecoverable plastic strain and recoverable strain due to martensitic transformation. Further, the numerical integration of the constitutive equations is formulated such that objectivity is maintained for SMA structures undergoing moderate strains and large displacements. The implemented model has been used to perform 3D analysis of SMA structural components under uniaxial and bending loads, including a case of local buckling behavior. Experimentally validated results considering simultaneous transformation and plasticity in a bending member are provided, illustrating the predictive accuracy of the model and its implementation.

  13. Constitutive modeling and structural analysis considering simultaneous phase transformation and plastic yield in shape memory alloys

    International Nuclear Information System (INIS)

    Hartl, D J; Lagoudas, D C

    2009-01-01

    The new developments summarized in this work represent both theoretical and experimental investigations of the effects of plastic strain generation in shape memory alloys (SMAs). Based on the results of SMA experimental characterization described in the literature and additional testing described in this work, a new 3D constitutive model is proposed. This phenomenological model captures both the conventional shape memory effects of pseudoelasticity and thermal strain recovery, and additionally considers the initiation and evolution of plastic strains. The model is numerically implemented in a finite element framework using a return mapping algorithm to solve the constitutive equations at each material point. This combination of theory and implementation is unique in its ability to capture the simultaneous evolution of recoverable transformation strains and irrecoverable plastic strains. The consideration of isotropic and kinematic plastic hardening allows the derivation of a theoretical framework capturing the interactions between irrecoverable plastic strain and recoverable strain due to martensitic transformation. Further, the numerical integration of the constitutive equations is formulated such that objectivity is maintained for SMA structures undergoing moderate strains and large displacements. The implemented model has been used to perform 3D analysis of SMA structural components under uniaxial and bending loads, including a case of local buckling behavior. Experimentally validated results considering simultaneous transformation and plasticity in a bending member are provided, illustrating the predictive accuracy of the model and its implementation

  14. Constitutional MLH1 methylation presenting with colonic polyposis syndrome and not Lynch syndrome.

    Science.gov (United States)

    Kidambi, Trilokesh D; Blanco, Amie; Van Ziffle, Jessica; Terdiman, Jonathan P

    2016-04-01

    At least one-third of patients meeting clinical criteria for Lynch syndrome will have no germline mutation and constitutional epimutations leading to promoter methylation of MLH1 have been identified in a subset of these patients. We report the first case of constitutional MLH1 promoter methylation associated with a colonic polyposis syndrome in a 39 year-old man with a family history of colorectal cancer (CRC) and a personal history of 21 polyps identified over 8 years as well as the development of two synchronous CRCs over 16 months who was evaluated for a hereditary cancer syndrome. Immunohistochemistry (IHC) of multiple tumors showed absent MLH1 and PMS2 expression, though germline testing with Sanger sequencing and multiplex ligation-dependent probe amplification of these mismatch repair genes (MMR) genes was negative. A next generation sequencing panel of 29 genes also failed to identify a pathogenic mutation. Hypermethylation was identified in MLH1 intron 1 in tumor specimens along with buccal cells and peripheral white blood cells, confirming the diagnosis of constitutional MLH1 promoter methylation. This case highlights that constitutional MLH1 methylation should be considered in the differential diagnosis for a polyposis syndrome if IHC staining shows absent MMR gene expression.

  15. Relationship between iris constitution analysis and TNF-alpha gene polymorphism in hypertensives.

    Science.gov (United States)

    Yoo, Chun-Sang; Hwang, Woo-Jun; Hong, Seung-Heon; Lee, Hye-Jung; Jeong, Hyun-Ja; Kim, Su-Jin; Kim, Hyung-Min; Um, Jae-Young

    2007-01-01

    Iridology is a complementary and alternative medicine that involves the diagnosis of medical conditions by noting irregularities of the pigmentation in the iris. Iris constitution has a strong hereditary component. Tumor necrosis factor-alpha (TNFalpha), a pleiotropic cytokine, has been implicated in many pathological processes including hypertension. In this paper, the relationship between iris constitution and TNFalpha gene polymorphism in those with hypertension is investigated. Eighty seven hypertensive individuals and 79 controls were classified according to iris constitution and the TNFalpha genotype of each individual determined. Compared to the controls, the frequency of the TNFalpha GA heterozygote was lower in the hypertensive group, although the statistical significance was marginal (p = 0.08). This result implies an association with resistance to the disease. In addition, the frequency of the cardio-renal connective tissue weakness type was significantly higher in the hypertensive group with the TNFalpha GG genotype, as compared to the controls (p = 0.001). An association is demonstrated among TNFalpha gene polymorphism, Koreans with hypertension, and iris constitution.

  16. Whole genome expression and biochemical correlates of extreme constitutional types defined in Ayurveda.

    Science.gov (United States)

    Prasher, Bhavana; Negi, Sapna; Aggarwal, Shilpi; Mandal, Amit K; Sethi, Tav P; Deshmukh, Shailaja R; Purohit, Sudha G; Sengupta, Shantanu; Khanna, Sangeeta; Mohammad, Farhan; Garg, Gaurav; Brahmachari, Samir K; Mukerji, Mitali

    2008-09-09

    Ayurveda is an ancient system of personalized medicine documented and practiced in India since 1500 B.C. According to this system an individual's basic constitution to a large extent determines predisposition and prognosis to diseases as well as therapy and life-style regime. Ayurveda describes seven broad constitution types (Prakritis) each with a varying degree of predisposition to different diseases. Amongst these, three most contrasting types, Vata, Pitta, Kapha, are the most vulnerable to diseases. In the realm of modern predictive medicine, efforts are being directed towards capturing disease phenotypes with greater precision for successful identification of markers for prospective disease conditions. In this study, we explore whether the different constitution types as described in Ayurveda has molecular correlates. Normal individuals of the three most contrasting constitutional types were identified following phenotyping criteria described in Ayurveda in Indian population of Indo-European origin. The peripheral blood samples of these individuals were analysed for genome wide expression levels, biochemical and hematological parameters. Gene Ontology (GO) and pathway based analysis was carried out on differentially expressed genes to explore if there were significant enrichments of functional categories among Prakriti types. Individuals from the three most contrasting constitutional types exhibit striking differences with respect to biochemical and hematological parameters and at genome wide expression levels. Biochemical profiles like liver function tests, lipid profiles, and hematological parameters like haemoglobin exhibited differences between Prakriti types. Functional categories of genes showing differential expression among Prakriti types were significantly enriched in core biological processes like transport, regulation of cyclin dependent protein kinase activity, immune response and regulation of blood coagulation. A significant enrichment of

  17. Revolution, Constitutions and Government in the Eighteenth Century: Hume and Bentham

    Directory of Open Access Journals (Sweden)

    Paola Rudan

    2014-12-01

    Full Text Available We asked a series of questions to Luca Cobbe and Paola Rudan, authors of two books foregrounding the turning point of the 18th century by which, moving from the experience of the revolution, the structure of the constitution and configuration of government were deeply rethought. The two works, respectively about David Hume and Jeremy Bentham, contribute significantly to illuminate the way by which obedience has been reconsidered when society and opinion became the sources of political legitimation. This dialogue at distance clearly shows the presence of a plurality of constitutional registers which were necessary for the affirmation of the centrality of government in the era of the rising popular sovereignty.

  18. Acute MUS81 depletion leads to replication fork slowing and a constitutive DNA damage response

    DEFF Research Database (Denmark)

    Xing, Meichun; Wang, Xiaohui; Palmai-Pallag, Timea

    2015-01-01

    have investigated the role of MUS81 in human cells by acutely depleting the protein using shRNAs. We found that MUS81 depletion from human fibroblasts leads to accumulation of ssDNA and a constitutive DNA damage response that ultimately activates cellular senescence. Moreover, we show that MUS81...

  19. Freedom Compromised. Habituation and Magical Sociality as Constitutive Variants in Non-Fundamental Trust

    DEFF Research Database (Denmark)

    Liisberg, Sune

    After some introductory and partly critical considerations about fundamental trust - as it is conceived by the Danish phenomenologist K. E. Løgstrup in his ‘Analysis of trust' in the first section of his work The Ethical Demand - this paper explores two ways of constituting what I call non...

  20. The binding effect of the constitutive documents of the 1973 and ...

    African Journals Online (AJOL)

    This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the Companies Act 61 of 1973 and s 15(6) of the Companies Act 71 of 2008. The aim is to determine who is bound by these provisions, the circumstances which give rise to being bound by ...

  1. Relationship between field resistance to Phytophthora ramorum and constitutive phenolic chemistry of coast live oak

    Science.gov (United States)

    A.M. Nagle; B.A. McPherson; D.L. Wood; M. Garbelotto; A.O. Conrad; S. Opiyo; P. Bonello

    2012-01-01

    Sudden oak death, caused by Phytophthora ramorum, has resulted in high levels of coast live oak (Quercus agrifolia Nee (CLO) mortality. However, some CLO survive in areas with high disease pressure and may thus be resistant. We tested the hypothesis that such field resistant trees contain constitutively higher levels of...

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

    African Journals Online (AJOL)

    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 ...

  3. Genome constitution of Narcissus variety, 'Tete-a-Tete', analysed through GISH and NBS profiling

    NARCIS (Netherlands)

    Wu, H.; Ramanna, M.S.; Arens, P.; Tuyl, van J.M.

    2011-01-01

    The Narcissus variety, ‘Tête-à-Tête’, has been the most popular variety since 1949, and a well known allotriploid (2n = 3x = 24 + B) of spontaneous origin. Because the identity of one of the parents of this variety was uncertain, the genome constitution of ‘Tête-à-Tête’ was investigated by using

  4. Immunotherapy holds the key to cancer treatment and prevention in constitutional mismatch repair deficiency (CMMRD) syndrome

    NARCIS (Netherlands)

    Westdorp, Harm; Kolders, Sigrid; Hoogerbrugge, Nicoline; de Vries, I Jolanda M; Jongmans, Marjolijn C.J.; Schreibelt, Gerty

    2017-01-01

    Monoallelic germline mutations in one of the DNA mismatch repair (MMR) genes cause Lynch syndrome, with a high lifetime risks of colorectal and endometrial cancer at adult age. Less well known, is the constitutional mismatch repair deficiency (CMMRD) syndrome caused by biallelic germline mutations

  5. Neurath's ship: The constitutive relation between normative and descriptive theories of rationality

    OpenAIRE

    Waldmann, Michael R.

    2011-01-01

    I defend the claim that in psychological theories concerned with theoretical or practical rationality there is a constitutive relation between normative and descriptive theories: Normative theories provide idealized descriptive accounts of rational agents. However, we need to resist the temptation to collapse descriptive theories with any specific normative theory. I show how a partial separation is possible. peerReviewed

  6. Environmental Effects on Constitutive and Inducible Resin Defences of Pinus taeda

    Science.gov (United States)

    Maria L. Lombardero; Matthew P. Ayres; Peter L. Lorio; Jonathan J. Ruel

    2000-01-01

    The ecological literature abounds with studies of environmental effects on plant antiherbivore defences. While various models have been proposed (e.g. plant stress, optimal allocation, growth-differentiation balance), each has met with mixed support. One possible explanation for the mixed results is that constitutive and induced defences are differentialiy affected by...

  7. Investigation of the overconsolidation and structural behavior of Shanghai clays by element testing and constitutive modeling

    Directory of Open Access Journals (Sweden)

    Guan-lin Ye

    2016-09-01

    Full Text Available The mechanical properties and constitutive modeling of Shanghai clays are very important for numerical analysis on geotechnical engineering in Shanghai, where continuous layers of soft clays run 30–40 m deep. The clays are divided into 5 major layers. A series of laboratory tests are carried out to investigate their mechanical properties. The top and bottom layers are overconsolidated hard clays, and the middle layers are normally consolidated or lightly overconsolidated sensitive marine clays. A constitutive model, which can describe the overconsolidation and structure of soils using only 8 parameters, is modified to simulate the test results. A rational procedure to determine the values of the material parameters and initial conditions is also proposed. The model is able to effectively reproduce both one-dimensional (1D consolidation and drained/undrained triaxial test results of Shanghai clays, with one set of parameters for each layer. From element testing and constitutive modeling, two findings are obtained. First, the decay rates of overconsolidation are smaller in overconsolidated layers than in normally consolidated layers. Second, the natural microstructure of layer 4 is relatively stable, that is, a large degree of structure is still maintained in the specimen even after 1D consolidation and drained triaxial tests. The modified model and obtained parameter values can be used for numerical analysis of geotechnical projects in Shanghai.

  8. FAITH, INTOLERANCE, VIOLENCE AND BIGOTRY: Legal and Constitutional Issues of Freedom of Religion in Indonesia

    Directory of Open Access Journals (Sweden)

    Adam J. Fenton

    2016-12-01

    Full Text Available Religious intolerance and bigotry indeed is a contri­buting factor in social and political conflict including manifestations of terrorist violence. While freedom of religion is enshrined in Indonesia’s Constitution, social practices and governmental regulations fall short of constitutional and international law guarantees, allowing institutionalised bias in the treatment of religious minorities. Such bias inhibits Indonesia’s transition to a fully-functioning pluralistic democracy and sacrifices democratic ideals of personal liberty and freedom of expression for the stated goals of religious and social harmony. The Ahok case precisely confirms that. The paper examines the constitutional bases of freedom of religion, Indonesia’s Blasphemy Law and takes account of the history and tenets of Pancasila which dictate a belief in God as the first principle of state ideology. The paper argues that the Indonesian state’s failure to recognise the legitimacy of alternate theological positions is a major obstacle to Indonesia recognising the ultimate ideal, enshrined in the national motto, of unity in diversity.

  9. Constitutional Therapy and Clinical Racial Hygiene in Weimar and Nazi Germany.

    Science.gov (United States)

    Hau, Michael

    2016-04-01

    The paper examines the history of constitutional therapy in Weimar and Nazi Germany. Focusing on Walther Jaensch's "Institute for Constitutional Research" at the Charité in Berlin, it shows how an entrepreneurial scientist successfully negotiated the changing social and political landscape of two very different political regimes and mobilized considerable public and private resources for his projects. During the Weimar period, his work received funding from various state agencies as well as the Rockefeller foundation, because it fit well with contemporary approaches in public hygiene and social medicine that emphasized the need to restore the physical and mental health of children and youths. Jaensch successfully positioned himself as a researcher on the verge of developing new therapies for feeble-minded people, who threatened to become an intolerable burden on the Weimar welfare state. During the Nazi period, he successfully reinvented himself as a racial hygienist by convincing influential medical leaders that his ideas were a valuable complement to the negative eugenics of Nazi bio-politics. "Constitutional therapy," he claimed, could turn genetically healthy people with "inhibited mental development" (geistigen Entwicklungshemmungen) into fully productive citizens and therefore made a valuable contribution to Nazi performance medicine (Leistungsmedizin) with its emphasis on productivity. © The Author 2015. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  10. Implementation and verification of interface constitutive model in FLAC3D

    Directory of Open Access Journals (Sweden)

    Hai-min Wu

    2011-09-01

    Full Text Available Due to the complexity of soil-structure interaction, simple constitutive models typically used for interface elements in general computer programs cannot satisfy the requirements of discontinuous deformation analysis of structures that contain different interfaces. In order to simulate the strain-softening characteristics of interfaces, a nonlinear strain-softening interface constitutive model was incorporated into fast Lagrange analysis of continua in three dimensions (FLAC3D through a user-defined program in the FISH environment. A numerical simulation of a direct shear test for geosynthetic interfaces was conducted to verify that the interface model was implemented correctly. Results of the numerical tests show good agreement with the results obtained from theoretical calculations, indicating that the model incorporated into FLAC3D can simulate the nonlinear strain-softening behavior of interfaces involving geosynthetic materials. The results confirmed the validity and reliability of the improved interface model. The procedure and method of implementing an interface constitutive model into a commercial computer program also provide a reference for implementation of a new interface constitutive model in FLAC3D.

  11. Configurational and constitutional information storage: multiple dynamics in systems based on pyridyl and acyl hydrazones.

    Science.gov (United States)

    Chaur, Manuel N; Collado, Daniel; Lehn, Jean-Marie

    2011-01-03

    The C=N group of hydrazones can undergo E/Z isomerization both photochemically and thermally, allowing the generation of a closed process that can be tuned by either of these two physical stimuli. On the other hand, hydrazine-exchange reactions enable a constitutional change in a given hydrazone. The two classes of processes: 1) configurational (physically stimulated) and 2) constitutional (chemically stimulated) give access to short-term and long-term information storage, respectively. Such transformations are reported herein for two hydrazones (bis-pyridyl hydrazone and 2-pyridinecarboxaldehyde phenylhydrazone) that undergo a closed, chemically or physically driven process, and, in addition, can be locked or unlocked at will by metal-ion coordination or removal. These features also extend to acyl hydrazones derived from 2-pyridinecarboxaldehyde. Similarly to the terpydine-like hydrazones, such acyl hydrazones can undergo both constitutional and configurational changes, as well as metal-ion coordination. All these types of hydrazones represent dynamic systems capable of acting as multiple state molecular devices, in which the presence of coordination sites furthermore allows the metal ion-controlled locking and unlocking of the interconversion of the different states. Copyright © 2011 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim.

  12. Right to decide and self-determination in the Catalan case. Analysis and reflection according to the Spanish Constitutional Law

    OpenAIRE

    Gina Marietta OLCESE SCHENONE

    2015-01-01

    The paper analyzes the issue of the right to decide and self-determination in the current case of Catalonia from a legal point of view and within the Spanish constitutional framework. In particular, this analysis explores three aspects: a) The right to self-determination, general aspects and the Spanish Constitution; b) The right to decide as a regional consultation or referendum under Spanish law; c) Initiative of constitutional reform as a possible way to deal with the separatist aspiration...

  13. 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 elasticity hysteresis of the SE group was higher than that of the TE group (F = 10.364, p 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.

  14. Protection of constitutional rights, technological development, and responsibility towards future generations

    International Nuclear Information System (INIS)

    Lawrence, C.

    1989-01-01

    Nuclear engineering and the peaceful use of nuclear energy still is a major issue in the dispute about technological progress. There are the two most ambiguous concepts in the nuclear controversy which illustrate the uncertainty in dealing with the 'new technologies': The 'risk to be accepted', and the 'responsibility towards future generations'. The study in hand focusses on the 'risk to be accepted', which from the constitutional point of view still lacks legitimation. The concept of 'social adequacy' used in the Kalkar judgement of the Federal Constitutional Court is based on custom and consensus and today, in view of the lack of consensus, can no longer be used to derive a constitutional legitimation. This gap is filled in this study by examining the applicability of the basic right of physical integrity (Art. 2, section 2, first sentence of the GG). In addition, it is a particular feature of the concept of 'risk to be accepted' that neither the Constitution nor the Atomic Energy Act allow direct limits to the quantitative increase of that risk to be derived from their provisions. However, it is just the need for legal provisions checking and controlling the risk growing with technological progress that creates the major problem in the effort to prevent a possible intrinsic dynamic development of risks. The study investigates whether there are such instruments provided by the law. Another aspect discussed in connection with the safe ultimate disposal of radioactive wastes with half-life periods of up to 24.000 years is the responsibility we have towards the future generations. The author examines whether there are constitutional rights affecting nuclear technology in relation to this topic. (orig./HSCH) [de

  15. Formulation and integration of constitutive models describing large deformations in thermoplasticity and thermoviscoplasticity

    International Nuclear Information System (INIS)

    Jansohn, W.

    1997-10-01

    This report deals with the formulation and numerical integration of constitutive models in the framework of finite deformation thermomechanics. Based on the concept of dual variables, plasticity and viscoplasticity models exhibiting nonlinear kinematic hardening as well as nonlinear isotropic hardening rules are presented. Care is taken that the evolution equations governing the hardening response fulfill the intrinsic dissipation inequality in every admissible process. In view of the development of an efficient numerical integration procedure, simplified versions of these constitutive models are supposed. In these versions, the thermoelastic strains are assumed to be small and a simplified kinematic hardening rule is considered. Additionally, in view of an implementation into the ABAQUS finite element code, the elasticity law is approximated by a hypoelasticity law. For the simplified onstitutive models, an implicit time-integration algorithm is developed. First, in order to obtain a numerical objective integration scheme, use is made of the HUGHES-WINGET-Algorithm. In the resulting system of ordinary differential equations, it can be distinguished between three differential operators representing different physical effects. The structure of this system of differential equations allows to apply an operator split scheme, which leads to an efficient integration scheme for the constitutive equations. By linearizing the integration algorithm the consistent tangent modulus is derived. In this way, the quadratic convergence of Newton's method used to solve the basic finite element equations (i.e. the finite element discretization of the governing thermomechanical field equations) is preserved. The resulting integration scheme is implemented as a user subroutine UMAT in ABAQUS. The properties of the applied algorithm are first examined by test calculations on a single element under tension-compression-loading. For demonstrating the capabilities of the constitutive theory

  16. Constitutive Models

    DEFF Research Database (Denmark)

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

    2011-01-01

    covered, illustrating several models such as the Wilson equation and NRTL equation, along with their solution strategies. A section shows how to use experimental data to regress the property model parameters using a least squares approach. A full model analysis is applied in each example that discusses...... the degrees of freedom, dependent and independent variables and solution strategy. Vapour-liquid and solid-liquid equilibrium is covered, and applications to droplet evaporation and kinetic models are given....

  17. Development and Validation of a Constitutive Model for Dental Composites during the Curing Process

    Science.gov (United States)

    Wickham Kolstad, Lauren

    Debonding is a critical failure of a dental composites used for dental restorations. Debonding of dental composites can be determined by comparing the shrinkage stress of to the debonding strength of the adhesive that bonds it to the tooth surface. It is difficult to measure shrinkage stress experimentally. In this study, finite element analysis is used to predict the stress in the composite during cure. A new constitutive law is presented that will allow composite developers to evaluate composite shrinkage stress at early stages in the material development. Shrinkage stress and shrinkage strain experimental data were gathered for three dental resins, Z250, Z350, and P90. Experimental data were used to develop a constitutive model for the Young's modulus as a function of time of the dental composite during cure. A Maxwell model, spring and dashpot in series, was used to simulate the composite. The compliance of the shrinkage stress device was also taken into account by including a spring in series with the Maxwell model. A coefficient of thermal expansion was also determined for internal loading of the composite by dividing shrinkage strain by time. Three FEA models are presented. A spring-disk model validates that the constitutive law is self-consistent. A quarter cuspal deflection model uses separate experimental data to verify that the constitutive law is valid. Finally, an axisymmetric tooth model is used to predict interfacial stresses in the composite. These stresses are compared to the debonding strength to check if the composite debonds. The new constitutive model accurately predicted cuspal deflection data. Predictions for interfacial bond stress in the tooth model compare favorably with debonding characteristics observed in practice for dental resins.

  18. 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.

  19. Economic Constitution, social democracy, innovation and economic culture of Basque Cooperativism

    Directory of Open Access Journals (Sweden)

    Santiago Larrazabal Basañez

    2009-12-01

    Full Text Available In the study of Constitutional Law, the author calls for more attention to be paid to the part in which almost all Constitutions set down economic models, the guiding principles of social and economic policy and economic and social rights. He makes this suggestion with a view to going beyond a formal democracy and moving towards a material democracy. For this purpose, he focuses on the values and economic culture of the cooperative movement and advocates inspiration in these values to innovate and search for a fairer economic and social model which will enable us to overcome the present crisis. Lastly, he poses some issues related to innovation in the specific contextof Basque cooperativism.Received: 06.07.2009Accepted: 08.07.2009

  20. Mechanical Behaviour of Materials Volume 1 Micro- and Macroscopic Constitutive Behaviour

    CERN Document Server

    François, Dominique; Zaoui, André

    2012-01-01

    Advances in technology are demanding ever-increasing mastery over the materials being used: the challenge is to gain a better understanding of their behaviour, and more particularly of the relations between their microstructure and their macroscopic properties.   This work, of which this is the first volume, aims to provide the means by which this challenge may be met. Starting from the mechanics of deformation, it develops the laws governing macroscopic behaviour – expressed as the constitutive equations – always taking account of the physical phenomena which underlie rheological behaviour. The most recent developments are presented, in particular those concerning heterogeneous materials such as metallic alloys, polymers and composites. Each chapter is devoted to one of the major classes of material behaviour.   As the subtitles indicate, Volume 1 deals with micro- and macroscopic constitutive behaviour and Volume 2 with damage and fracture mechanics. A third volume will be devoted to exercises and the...

  1. with a comparative view at the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court

    OpenAIRE

    Hiller, Kinga

    2010-01-01

    This thesis is about the connection between the constitutional ownership guarantee and the political-philosophical conception of property. I portray and analyze the jurisdiction of the Hungarian Constitutional Court since the fall of Communism in 1989 in light of these two aspects and venture a comparison with the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court. In political and philosophical terms, there are - roughly speaking - two opposing conceptio...

  2. Retrieving Constitutive Parameters of Plasmonic Multilayers from Reflection and Transmission Coefficients

    DEFF Research Database (Denmark)

    Orlov, Alexey A.; Yankovskaya, E. A.; Zhukovsky, Sergei

    2014-01-01

    We show how to correctly extract the effective permittivity and permeability of plasmonic multilayers in the optical domain. For material parameters retrieval the classical Nicolson-Ross-Weir method is commonly used. However, its direct application leads to spurious zero-permittivity points and f...... and false permeability resonances in the case of total reflection from the slab. We offer a way to overcome this issue and retrieve correct constitutive parameters of plasmonic multilayers...

  3. Energy and environment in the new constitutional order; Energia e meio ambiente na nova ordem constitucional

    Energy Technology Data Exchange (ETDEWEB)

    Malheiros, Telma Maria Marques; Souza, Maria Aparecida Goncalves de [Fundacao Brasileira para Conservacao da Natureza (FBCN), Rio de Janeiro, RJ (Brazil)

    1989-12-31

    This paper analyses and discusses the legal aspects concerning the relationship between energy and environment in Brazil. The regulations in the Federal constitution and in auxiliary legislation related to environment and energy policies are also discussed. Finally, the author suggests that an environmental educational program should be performed by the government in order to enable the society`s participation in the decision making process concerning the energetic system 14 refs.

  4. HEALTH STATUS OF FEMALE TEENAGERS, SUFFERING FROM CONSTITUTIVE AND EXOGENOUS OBESITY

    OpenAIRE

    S.Ya. Volgina; M.K. Valiullina

    2006-01-01

    The article deals with the research findings of the health status of 120 female teenagers, suffering from constitutive and exogenous obesity and 116 girls of the same age and standard weight. The authors gave complete characteristics for the somatic, psychic and psychological elements of the teenager's health. They have assessed the consumatory behaviour of the girls. It has been revealed that among all the examined patients with hyperphagia 6,7% are suffering from nervous bulimia. the resear...

  5. THE ROLE OF DISSENTING AND CONCURRING OPINIONS IN THE CONSTITUTIONAL JURISDICTION

    Directory of Open Access Journals (Sweden)

    Marieta Safta

    2016-11-01

    Full Text Available The Judges’ possibility to submit dissenting / concurring opinions is disputed as arguments are brought both for and against it in the context of the obligation to ensure the secrecy of deliberations. This study, bringing landmarks of the European Constitutional Courts’ legislation and case-law on the subject, demonstrates the role of the dissenting and concurring opinions in the development of the law, emphasizing the idea of balance for their formulation and grounds.

  6. Religious tolerance in the Edict of Milan and in the Constitution of Medina

    Directory of Open Access Journals (Sweden)

    Đurić Drago

    2013-01-01

    Full Text Available In this paper, we will try to offer a blueprint for a more general discussion of the relation of how the question of religious tolerance appears in two documents that the Christian and Islamic traditions recognize and celebrate: namely, the Edict of Milan and the Constitution of Medina. These documents were revolutionary for their time. However, these documents alone, as well as religious teachings, on which they are based, cannot be the measure of relations in our time. They are presented in the conceptual framework and value system that prevailed at the time when these teachings and documents were created. Many relations the documents refer to no longer exist. For example, while the Edict of Milan affirms the general right to religion, and the Constitution of Medina affirms the mutual tolerance for Abrahamic, monotheistic religions - people who now declare themselves as atheists or agnostics are not even mentioned.

  7. Youth political participation and gender constitution: a question for developmental psychology

    Directory of Open Access Journals (Sweden)

    Maria Cláudia Santos Lopes De Oliveira

    2014-06-01

    Full Text Available The predominant modes of subjectivity in contemporary youth, defined according to consumption, may collaborate for the preponderance of forms of subjective organization not committed with the social and political participation. This paper focuses on discussing the role of political participation to the subjective constitution and citizenship construction of adolescents and youth. The relationship between identity and political commitment are discussed considering two case studies extracted of data of a previous research project in the field of gender diversity. The focus of the analysis is to understand if and how the experience within political activism acts over developmental trajectories and constitution of subjectivity of activists, considering narratives of self-presentation, in interview settings.

  8. 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...

  9. Rodolfo Kusch and the constitution of what’s popular in Argentina

    Directory of Open Access Journals (Sweden)

    Lautaro Rivara

    2016-07-01

    Full Text Available From the works of argentine philosopher Rodolfo Kusch (1922-1979 divided in five lines of reflection-researching, we will board his thesis about the constitution of the popular in Argentina, stopping in two moments. At first, we will elaborate his particular reading on the political cycle of independence and the period of argentine national and state-wise organization, focusing in his debate with the classic Sarmiento duality of “civilization or barbarism” and noting the similarity of some of the author’s concepts with the recent input of the modernity/coloniality paradigm. Later we will focus on the persistence of the indigenous in the constitution of how popular in our country, dialoguing with other positions of the national and latinamerican thinking and arriving to some conclusions for the social research

  10. Insurrections, Bank and Private Contracts: How Society shaped the Constitutional Order during the American Revolution

    Directory of Open Access Journals (Sweden)

    Matteo Battistini

    2014-12-01

    Full Text Available Looking at the revolutionary context of Pennsylvania, the essay analyzes the continuous movement of rebellions during the American Revolution in order to highlight the process of institutionalization of the constitutional order, namely the changeable power relationship that shaped society. The essay reconstructs: 1 the battle for free trade and freedom of property and the resulting rising of the mercantile class as a national elite; 2 the mercantile political project of ordering society by creating a national system of public credit based upon the institution of the public debt and the foundation of the first national bank; 3 the vicissitudes of the bank by analyzing Dissertations of Government, the Affairs of the Bank and Paper Money (1786, one of the most underrated pamphlets of Thomas Paine. By this way, the essay shows how the principle of popular sovereignty and the language of rebellion were intended to be institutionalized as part of the constitutional order that was formalized in 1787-88.

  11. Constitutive behavior and progressive mechanical failure of electrodes in lithium-ion batteries

    Science.gov (United States)

    Zhang, Chao; Xu, Jun; Cao, Lei; Wu, Zenan; Santhanagopalan, Shriram

    2017-07-01

    The electrodes of lithium-ion batteries (LIB) are known to be brittle and to fail earlier than the separators during an external crush event. Thus, the understanding of mechanical failure mechanism for LIB electrodes (anode and cathode) is critical for the safety design of LIB cells. In this paper, we present experimental and numerical studies on the constitutive behavior and progression of failure in LIB electrodes. Mechanical tests were designed and conducted to evaluate the constitutive properties of porous electrodes. Constitutive models were developed to describe the stress-strain response of electrodes under uniaxial tensile and compressive loads. The failure criterion and a damage model were introduced to model their unique tensile and compressive failure behavior. The failure mechanism of LIB electrodes was studied using the blunt rod test on dry electrodes, and numerical models were built to simulate progressive failure. The different failure processes were examined and analyzed in detail numerically, and correlated with experimentally observed failure phenomena. The test results and models improve our understanding of failure behavior in LIB electrodes, and provide constructive insights on future development of physics-based safety design tools for battery structures under mechanical abuse.

  12. Searching for solutions to alcohol and other drug abuse during pregnancy: ethics, values, and constitutional principles.

    Science.gov (United States)

    Andrews, A B; Patterson, E G

    1995-01-01

    Recent efforts to develop legal mechanisms to detect prenatal substance abuse and force pregnant women into drug-free conditions have precipitated ethical struggles for social workers. This article reviews relevant social work values and ethical issues, particularly the need to balance obligations to promote client self-determination, privacy, and access to chosen services with professional values that support coercive intervention to aid vulnerable people and to protect life. The constitutional principles that most affect coercive interventions--due process and equal protection--are reviewed. Recommendations are offered to guide ethical and legal social work for case interventions and policy development.

  13. Scandium(III) catalysis of transimination reactions. Independent and constitutionally coupled reversible processes.

    Science.gov (United States)

    Giuseppone, Nicolas; Schmitt, Jean-Louis; Schwartz, Evan; Lehn, Jean-Marie

    2005-04-20

    Sc(OTf)(3) efficiently catalyzes the self-sufficient transimination reaction between various types of C=N bonds in organic solvents, with turnover frequencies up to 3600 h(-)(1) and rate accelerations up to 6 x 10(5). The mechanism of the crossover reaction in mixtures of amines and imines is studied, comparing parallel individual reactions with coupled equilibria. The intrinsic kinetic parameters for isolated reactions cannot simply be added up when several components are mixed, and the behavior of the system agrees with the presence of a unique mediator that constitutes the core of a network of competing reactions. In mixed systems, every single amine or imine competes for the same central hub, in accordance with their binding affinity for the catalyst metal ion center. More generally, the study extends the basic principles of constitutional dynamic chemistry to interconnected chemical transformations and provides a step toward dynamic systems of increasing complexity.

  14. Constitutive Behavior and Processing Map of T2 Pure Copper Deformed from 293 to 1073 K

    Science.gov (United States)

    Liu, Ying; Xiong, Wei; Yang, Qing; Zeng, Ji-Wei; Zhu, Wen; Sunkulp, Goel

    2018-02-01

    The deformation behavior of T2 pure copper compressed from 293 to 1073 K with strain rates from 0.01 to 10 s-1 was investigated. The constitutive equations were established by the Arrhenius constitutive model, which can be expressed as a piecewise function of temperature with two sections, in the ranges 293-723 K and 723-1073 K. The processing maps were established according to the dynamic material model for strains of 0.2, 0.4, 0.6, and 0.8, and the optimal processing parameters of T2 copper were determined accordingly. In order to obtain a better understanding of the deformation behavior, the microstructures of the compressed samples were studied by electron back-scattered diffraction. The grains tend to be more refined with decreases in temperature and increases in strain rate.

  15. Micro-thermomechanical constitutive model of transformation induced plasticity and its application on armour steel

    Energy Technology Data Exchange (ETDEWEB)

    Sun, C.Y. [School of Mechanical Engineering, University of Science and Technology Beijing, Beijing 100083 (China)], E-mail: suncy@me.ustb.edu.cn; Fang, G.; Lei, L.P.; Zeng, P. [Key Laboratory of Advanced Materials Processing Technology, Ministry of Education, Department of Mechanical Engineering, Tsinghua University, Beijing 100084 (China)

    2009-01-15

    Based on the crystallographic theory of martensitic transformation and internal variable constitutive theory, a micromechanical constitutive model of martensitic transformation induced plasticity was developed. Plastic strains of product and parent phases as well as the volume fraction of each martensitic variant were considered as internal variables describing the microstructure evolution. The plasticity flow both in austenite and martensitic variants domain is described by J{sub 2} flow theory. The thermodynamic driving force acting on these internal variables was obtained through the determination of the intrinsic dissipation due to plastic flow and the growth of martensitic domains. The evolution laws of the internal variables are derived, furthermore macroscopic response due to the change of internal variables is obtained. Thermomechanical behavior of armour steel under uniaxial loading was tested which showed a good agreement with experimental results.

  16. Micro-thermomechanical constitutive model of transformation induced plasticity and its application on armour steel

    International Nuclear Information System (INIS)

    Sun, C.Y.; Fang, G.; Lei, L.P.; Zeng, P.

    2009-01-01

    Based on the crystallographic theory of martensitic transformation and internal variable constitutive theory, a micromechanical constitutive model of martensitic transformation induced plasticity was developed. Plastic strains of product and parent phases as well as the volume fraction of each martensitic variant were considered as internal variables describing the microstructure evolution. The plasticity flow both in austenite and martensitic variants domain is described by J 2 flow theory. The thermodynamic driving force acting on these internal variables was obtained through the determination of the intrinsic dissipation due to plastic flow and the growth of martensitic domains. The evolution laws of the internal variables are derived, furthermore macroscopic response due to the change of internal variables is obtained. Thermomechanical behavior of armour steel under uniaxial loading was tested which showed a good agreement with experimental results

  17. Nonlocal constitutive equations of elasto-visco-plasticity coupled with damage and temperature

    Directory of Open Access Journals (Sweden)

    Liu Weijie

    2016-01-01

    Full Text Available In this paper, the nonlocal anisothermal elasto-visco-plastic constitutive equations strongly coupled with ductile isotropic damage, nonlinear isotropic hardening and kinematic hardening are developed to model the material behaviour under finite strain. The new micromorphic variable of damage is introduced into the principle of virtual power and new additional balance equations are obtained. Thermodynamically-consistent nonlocal constitutive equations are then deduced. The evolution equations are deduced from the generalized normality rule for the Norton-Hoff visco-plastic potential. This model is used to simulate various material responses under different velocities at high temperature. The micromorphic parameters of damage: micromorphic density and H moduli are studied to examine the effects of micromorphic damage. Biaxial tension is performed to make a comparison between the local damage model and the micromorphic damage model.

  18. Transgenic mice expressing constitutive active MAPKAPK5 display gender-dependent differences in exploration and activity

    Directory of Open Access Journals (Sweden)

    Moens Ugo

    2007-11-01

    Full Text Available Abstract Background The mitogen-activated protein kinases, MAPKs for short, constitute cascades of signalling pathways involved in the regulation of several cellular processes that include cell proliferation, differentiation and motility. They also intervene in neurological processes like fear conditioning and memory. Since little remains known about the MAPK-Activated Protein Kinase, MAPKAPK5, we constructed the first MAPKAPK knockin mouse model, using a constitutive active variant of MAPKAPK5 and analyzed the resulting mice for changes in anxiety-related behaviour. Methods We performed primary SHIRPA observations during background breeding into the C57BL/6 background and assessed the behaviour of the background-bred animals on the elevated plus maze and in the light-dark test. Our results were analyzed using Chi-square tests and homo- and heteroscedatic T-tests. Results Female transgenic mice displayed increased amounts of head dips and open arm time on the maze, compared to littermate controls. In addition, they also explored further into the open arm on the elevated plus maze and were less active in the closed arm compared to littermate controls. Male transgenic mice displayed no differences in anxiety, but their locomotor activity increased compared to non-transgenic littermates. Conclusion Our results revealed anxiety-related traits and locomotor differences between transgenic mice expressing constitutive active MAPKAPK5 and control littermates.

  19. On democratic concerns and legal traditions. The Dutch 1953 and 1956 constitutional reforms ‘towards’ Europe

    NARCIS (Netherlands)

    van Leeuwen, K.

    2012-01-01

    This study analyses the 1953 and 1956 Dutch constitutional reforms ‘towards’ Europe, revealing the complexity and mutuality between national constitutional reform and the development of European integration in the 1950s. It demonstrates that long-standing Dutch traditions of adherence to

  20. Preubiquitinated chimeric ErbB2 is constitutively endocytosed and subsequently degraded in lysosomes

    Energy Technology Data Exchange (ETDEWEB)

    Vuong, Tram Thu [Institute of Clinical Medicine, University of Oslo, Rikshospitalet, 0027 Oslo (Norway); Berger, Christian [Department of Pathology, Oslo University Hospital, Rikshospitalet, P.O. Box 4950 Nydalen, 0424 Oslo (Norway); Bertelsen, Vibeke; Rødland, Marianne Skeie [Institute of Clinical Medicine, University of Oslo, Rikshospitalet, 0027 Oslo (Norway); Stang, Espen [Department of Pathology, Oslo University Hospital, Rikshospitalet, P.O. Box 4950 Nydalen, 0424 Oslo (Norway); Madshus, Inger Helene, E-mail: i.h.madshus@medisin.uio.no [Institute of Clinical Medicine, University of Oslo, Rikshospitalet, 0027 Oslo (Norway); Department of Pathology, Oslo University Hospital, Rikshospitalet, P.O. Box 4950 Nydalen, 0424 Oslo (Norway)

    2013-02-01

    The oncoprotein ErbB2 is endocytosis-deficient, probably due to its interaction with Heat shock protein 90. We previously demonstrated that clathrin-dependent endocytosis of ErbB2 is induced upon incubation of cells with Ansamycin derivatives, such as geldanamycin and its derivative 17-AAG. Furthermore, we have previously demonstrated that a preubiquitinated chimeric EGFR (EGFR-Ub{sub 4}) is constitutively endocytosed in a clathrin-dependent manner. We now demonstrate that also an ErbB2-Ub{sub 4} chimera is endocytosed constitutively and clathrin-dependently. Upon expression, the ErbB2-Ub{sub 4} was further ubiquitinated, and by Western blotting, we demonstrated the formation of both Lys48-linked and Lys63-linked polyubiquitin chains. ErbB2-Ub{sub 4} was constitutively internalized and eventually sorted to late endosomes and lysosomes where the fusion protein was degraded. ErbB2-Ub{sub 4} was not cleaved prior to internalization. Interestingly, over-expression of Ubiquitin Interaction Motif-containing dominant negative fragments of the clathrin adaptor proteins epsin1 and Eps15 negatively affected endocytosis of ErbB2. Altogether, this argues that ubiquitination is sufficient to induce clathrin-mediated endocytosis and lysosomal degradation of the otherwise plasma membrane localized ErbB2. Also, it appears that C-terminal cleavage is not required for endocytosis. -- Highlights: ► A chimera containing ErbB2 and a tetra-Ubiquitin chain internalizes constitutively. ► Receptor fragmentation is not required for endocytosis of ErbB2. ► Ubiquitination is sufficient to induce endocytosis and degradation of ErbB2. ► ErbB2-Ub4 is internalized clathrin-dependently.

  1. Constitutive type VI secretion system expression gives Vibrio cholerae intra- and interspecific competitive advantages.

    Directory of Open Access Journals (Sweden)

    Daniel Unterweger

    Full Text Available The type VI secretion system (T6SS mediates protein translocation across the cell membrane of Gram-negative bacteria, including Vibrio cholerae - the causative agent of cholera. All V. cholerae strains examined to date harbor gene clusters encoding a T6SS. Structural similarity and sequence homology between components of the T6SS and the T4 bacteriophage cell-puncturing device suggest that the T6SS functions as a contractile molecular syringe to inject effector molecules into prokaryotic and eukaryotic target cells. Regulation of the T6SS is critical. A subset of V. cholerae strains, including the clinical O37 serogroup strain V52, express T6SS constitutively. In contrast, pandemic strains impose tight control that can be genetically disrupted: mutations in the quorum sensing gene luxO and the newly described regulator gene tsrA lead to constitutive T6SS expression in the El Tor strain C6706. In this report, we examined environmental V. cholerae isolates from the Rio Grande with regard to T6SS regulation. Rough V. cholerae lacking O-antigen carried a nonsense mutation in the gene encoding the global T6SS regulator VasH and did not display virulent behavior towards Escherichia coli and other environmental bacteria. In contrast, smooth V. cholerae strains engaged constitutively in type VI-mediated secretion and displayed virulence towards prokaryotes (E. coli and other environmental bacteria and a eukaryote (the social amoeba Dictyostelium discoideum. Furthermore, smooth V. cholerae strains were able to outcompete each other in a T6SS-dependent manner. The work presented here suggests that constitutive T6SS expression provides V. cholerae with an advantage in intraspecific and interspecific competition.

  2. Preubiquitinated chimeric ErbB2 is constitutively endocytosed and subsequently degraded in lysosomes

    International Nuclear Information System (INIS)

    Vuong, Tram Thu; Berger, Christian; Bertelsen, Vibeke; Rødland, Marianne Skeie; Stang, Espen; Madshus, Inger Helene

    2013-01-01

    The oncoprotein ErbB2 is endocytosis-deficient, probably due to its interaction with Heat shock protein 90. We previously demonstrated that clathrin-dependent endocytosis of ErbB2 is induced upon incubation of cells with Ansamycin derivatives, such as geldanamycin and its derivative 17-AAG. Furthermore, we have previously demonstrated that a preubiquitinated chimeric EGFR (EGFR-Ub 4 ) is constitutively endocytosed in a clathrin-dependent manner. We now demonstrate that also an ErbB2-Ub 4 chimera is endocytosed constitutively and clathrin-dependently. Upon expression, the ErbB2-Ub 4 was further ubiquitinated, and by Western blotting, we demonstrated the formation of both Lys48-linked and Lys63-linked polyubiquitin chains. ErbB2-Ub 4 was constitutively internalized and eventually sorted to late endosomes and lysosomes where the fusion protein was degraded. ErbB2-Ub 4 was not cleaved prior to internalization. Interestingly, over-expression of Ubiquitin Interaction Motif-containing dominant negative fragments of the clathrin adaptor proteins epsin1 and Eps15 negatively affected endocytosis of ErbB2. Altogether, this argues that ubiquitination is sufficient to induce clathrin-mediated endocytosis and lysosomal degradation of the otherwise plasma membrane localized ErbB2. Also, it appears that C-terminal cleavage is not required for endocytosis. -- Highlights: ► A chimera containing ErbB2 and a tetra-Ubiquitin chain internalizes constitutively. ► Receptor fragmentation is not required for endocytosis of ErbB2. ► Ubiquitination is sufficient to induce endocytosis and degradation of ErbB2. ► ErbB2-Ub4 is internalized clathrin-dependently.

  3. Constitutional and somatic methylation status of DMRH19 and KvDMR in Wilms tumor patients

    Directory of Open Access Journals (Sweden)

    Leila C.A. Cardoso

    2012-01-01

    Full Text Available The most frequent epigenetic alterations in Wilms tumor (WT occur at WT2, assigned to 11p15. WT2 consists of two domains: telomeric domain 1 (DMRH19 that contains the IGF2 gene and an imprinted maternally expressed transcript (H19 and centromeric domain 2 (KvDMR that contains the genes KCNQ1, KCNQ1OT1 and CDKN1C. In this work, we used pyrosequencing and MS-MLPA to compare the methylation patterns of DMRH19/KvDMR in blood and tumor samples from 40 WT patients. Normal constitutional KvDMR methylation indicated that most of the epigenetic alterations in WT occur at DMRH19. Constitutional DMRH19 hypermethylation (HM DMRH19 was observed in two patients with Beckwith-Wiedemann syndrome. Pyrosequencing and MS-MLPA showed HM DMRH19 in 28/34 tumor samples: 16/34 with isolated HM DMRH19 and 12/34 with concomitant HM DMRH19 and KvDMR hypomethylation, indicating paternal uniparental disomy. With the exception of one blood sample, the MS-MLPA and pyrosequencing findings were concordant. Diffuse or focal anaplasia was present in five tumor samples and was associated with isolated somatic HM DMRH19 in four of them. Constitutional 11p15 methylation abnormalities were present in 5% of the samples and somatic abnormalities in the majority of tumors. Combined analysis of DMRH19/KvDMR by pyrosequencing and MS-MLPA is beneficial for characterizing epigenetic anomalies in WT, and MS-MLPA is useful and reliable for estimation of DNA methylation in a clinical setting.

  4. Constitutional Democracy and Caretaker Committee in Nigeria Local Government System: An Assessment

    Directory of Open Access Journals (Sweden)

    Jude C Okafor

    2013-05-01

    Full Text Available The 1976 Local Government Reform among other landmark changes unified the local government system in Nigeria, and the 1979 constitution made local governments the third tier of government and provided for a system of local government by democratically elected councils. More recently, elected local government councils have been dissolved and replaced with Transition Committees or Caretaker Committees appointed by the Governors’ of their respective states. This paper therefore, examines the impact of the caretaker committees in Nigerian Local Government on the practice of constitutional democracy. The discussion is framed by the theoretical perspectives and Nigerian literature on local government and constitutional democracy, and by the recent phenomenal wave of dissolving elected local government councils and subsequent replacement with caretaker committees. Contrary to popular belief, that local government as the third tier of government has failed to achieve the objective for which it was created, this paper observes that party politics has been the bane of Nigerian local government since its inception, and that democratically elected local councils with political and financial autonomy are the major conditions for an effective and efficient multi-purpose local government system in Nigeria.

  5. Modification of Flow Stress Curves and Constitutive Equations During Hot Compression Deformation of 5083 Aluminum Alloy

    Directory of Open Access Journals (Sweden)

    FU Ping

    2017-08-01

    Full Text Available The flow stress behavior of 5083 aluminum alloy was investigated under hot compression deformation at 523-723K,strain rates of 0.01-10s-1 and true strains of 0-0.7 with Gleeble-3800 thermal simulator. Based on the heat transfer effect on alloy deformation heat effect, the flow stress curves were corrected. The results show that influence of heat conduction can not be neglected and becomes more obvious with the increase of true strain. The corrected flow stress has little influence on the peak stress, but the steady flow stress softening trends to be diminished to some degree. The flow stress can be predicted by the Zener-Hollomon parameters in the constitutive equation. The corrected measured value exhibits a good agreement with the flow stress predicted by the constitutive equation, and the average relative error is only 5.21%.

  6. Constitutive Modelling and Deformation Band Angle Predictions for High Porosity Sandstones

    Science.gov (United States)

    Richards, M. C.; Issen, K. A.; Ingraham, M. D.

    2017-12-01

    The development of a field-scale deformation model requires a constitutive framework that is capable of representing known material behavior and able to be calibrated using available mechanical response data. This work employs the principle of hyperplasticity (e.g., Houlsby and Puzrin, 2006) to develop such a constitutive framework for high porosity sandstone. Adapting the works of Zimmerman et al. (1986) and Collins and Houlsby (1997), the mechanical data set of Ingraham et al. (2013 a, b) was used to develop a specific constitutive framework for Castlegate sandstone, a high porosity fluvial-deposited reservoir analog rock. Using the mechanical data set of Ingraham et al. (2013 a, b), explicit expressions and material parameters of the elastic moduli and strain tensors were obtained. With these expressions, analytical and numerical techniques were then employed to partition the total mechanical strain into elastic, coupled, and plastic strain components. With the partitioned strain data, yield surfaces in true-stress space, coefficients of internal friction, dilatancy factors, along with the theorectical predictions of the deformation band angles were obtained. These results were also evaluated against band angle values obtained from a) measurements on specimen jackets (Ingraham et al., 2013a), b) plane fits through located acoustic emissions (AE) events (Ingraham et al. 2013b), and c) X-ray micro-computed tomography (micro-CT) calculations.

  7. Constitutive model of creep in polycrystalline halite based on workhardening and recovery

    International Nuclear Information System (INIS)

    Munson, D.E.

    1993-01-01

    A multimechanism constitutive model of creep has been developed which incorporates the workhardening and recovery transient creep behavior. This model has been applied to the creep of polycrystalline halite. The specific application of the model is in the calculation of the closure of underground rooms in layered salt deposits. Through the use of finite element calculations, this model, with appropriate laboratory material parameters and a Tresca flow potential, has predicted the measured closure of a number of large in situ experimental rooms

  8. Advances in the study of mechanical properties and constitutive law in the field of wood research

    Science.gov (United States)

    Zhao, S.; Zhao, J. X.; Han, G. Z.

    2016-07-01

    This paper presents an overview of mechanical properties and constitutive law for wood. Current research on the mechanical properties of wood have mostly focused on density, grain, moisture, and other natural factors. It has been established that high density, dense grain, and high moisture lead to higher strength. In most literature, wood has been regarded as an anisotropic material because of its fiber. A microscopic view is used in research of wood today, in this way, which has allowed for clear observation of anisotropy. In general, wood has higher strength under a dynamic load, and no densification. The constitutive model is the basis of numerical analysis. An anisotropic model of porous and composite materials has been used for wood, but results were poor, and new constitutions have been introduced. According to the literature, there is no single theory that is widely accepted for the dynamic load. Research has shown that grain and moisture are key factors in wood strength, but there has not been enough study on dynamic loads so far. Hill law has been the most common method of simulation. Models that consider high strain rate are attracting more and more attention.

  9. Merging constitutional and motional covalent dynamics in reversible imine formation and exchange processes.

    Science.gov (United States)

    Kovaříček, Petr; Lehn, Jean-Marie

    2012-06-06

    The formation and exchange processes of imines of salicylaldehyde, pyridine-2-carboxaldehyde, and benzaldehyde have been studied, showing that the former has features of particular interest for dynamic covalent chemistry, displaying high efficiency and fast rates. The monoimines formed with aliphatic α,ω-diamines display an internal exchange process of self-transimination type, inducing a local motion of either "stepping-in-place" or "single-step" type by bond interchange, whose rate decreases rapidly with the distance of the terminal amino groups. Control of the speed of the process over a wide range may be achieved by substituents, solvent composition, and temperature. These monoimines also undergo intermolecular exchange, thus merging motional and constitutional covalent behavior within the same molecule. With polyamines, the monoimines formed execute internal motions that have been characterized by extensive one-dimensional, two-dimensional, and EXSY proton NMR studies. In particular, with linear polyamines, nondirectional displacement occurs by shifting of the aldehyde residue along the polyamine chain serving as molecular track. Imines thus behave as simple prototypes of systems displaying relative motions of molecular moieties, a subject of high current interest in the investigation of synthetic and biological molecular motors. The motional processes described are of dynamic covalent nature and take place without change in molecular constitution. They thus represent a category of dynamic covalent motions, resulting from reversible covalent bond formation and dissociation. They extend dynamic covalent chemistry into the area of molecular motions. A major further step will be to achieve control of directionality. The results reported here for imines open wide perspectives, together with other chemical groups, for the implementation of such features in multifunctional molecules toward the design of molecular devices presenting a complex combination of

  10. Hot workability of γ + α2 titanium aluminide: Development of processing map and constitutive equations

    International Nuclear Information System (INIS)

    Gupta, R.K.; Narayana Murty, S.V.S.; Pant, Bhanu; Agarwala, Vijaya; Sinha, P.P.

    2012-01-01

    Highlights: ► Deformation studies of five TiAl alloys carried out through processing map. ► DRX domain and superplastic domain identified in power efficiency map. ► Safe working zone for alloys found at 1223–1423 K at strain rates (10 −2 –10 −3 s −1 ). ► Strain rate sensitivity, activation energy, Zener Hollomon parameter (Z) are obtained. ► Constitutive equations derived and verified. DRX grain size correlated with Z. - Abstract: Gamma titanium alumindes are intermetallics, which have very narrow working range. Hot isothermal working is the most suitable process for hot working of alloy. Accordingly, hot isothermal compression test is carried out on reaction synthesized and homogenized titanium aluminide alloys at different temperatures and strain rates using Gleeble thermomechanical simulator. Three alloys of Ti48Al2Cr2Nb0.1B (atom%) have been used in the study. Stress–strain data obtained from the test has been used to construct processing map, which indicates the safe and unsafe working zone. Strain rate sensitivity and Zener–Hollomon parameter has been calculated. Further, constitutive equations have been generated and verified. It is found that alloy has good workability in the temperature range of 1223–1423 K at strain rates of 0.01–0.001 s −1 . In this range of parameters, the alloys nearly follow the constitutive equations.

  11. Constitutive and failure behaviour in selective laser melted stainless steel for microlattice structures

    International Nuclear Information System (INIS)

    Li, Peifeng

    2015-01-01

    The emerging selective laser melting (SLM) technology makes possible the manufacturing of metallic microlattice structures with better tailorability of properties. This work investigated the constitutive formulation of the parent material and the failure mechanism in the SLM stainless steel microlattice structure. The constitutive behaviour of SLM stainless steel was quantitatively formulated using the Johnson–Cook hardening model. A finite element model incorporating the constitutive formula was developed and experimentally validated to predict the localised stress evolution in an SLM stainless steel microlattice structure subjected to uniaxial compression. The predicted stresses were then linked to the fracture process in the SLM steel observed by scanning electron microscope. It was found that the tensile and compressive stress state is localised in the strut members of the microlattice, and determines the macroscopic cracking mode. The tensile opening and shear cracking dominate the tension and compression zones, respectively. However, the microscopic examination on the fracture surfaces reveals the formation of substantial slip bands in both the tension and compression zones, implying that the ductile fracture in the SLM stainless steel is transgranular

  12. Constitutive Curve and Velocity Profile in Entangled Polymers during Start-Up of Steady Shear Flow

    KAUST Repository

    Hayes, Keesha A.

    2010-05-11

    Time-dependent shear stress versus shear rate, constitutive curve, and velocity profile measurements are reported in entangled polymer solutions during start-up of steady shear flow. By combining confocal microscopy and particle image velocimetry (PIV), we determine the time-dependent velocity profile in polybutadiene and polystyrene solutions seeded with fluorescent 150 nm silica and 7.5 μm melamine particles. By comparing these profiles with time-dependent constitutive curves obtained from experiment and theory, we explore the connection between transient nonmonotonic regions in the constitutive curve for an entangled polymer and its susceptibility to unstable flow by shear banding [Adams et al. Phys. Rev. Lett. 2009, 102, 067801-4]. Surprisingly, we find that even polymer systems which exhibit transient, nonmonotonic shear stress-shear rate relationships in bulk rheology experiments manifest time-dependent velocity profiles that are decidedly linear and show no evidence of unstable flow. We also report that interfacial slip plays an important role in the steady shear flow behavior of entangled polymers at shear rates above the reciprocal terminal relaxation time but has little, if any, effect on the shape of the velocity profile. © 2010 American Chemical Society.

  13. The Viability and Constitutionality of the South African National Register for Sex Offenders: A Comparative Study

    Directory of Open Access Journals (Sweden)

    Nina Mollema

    2015-12-01

    Full Text Available Section 42 of the Criminal Law (Sexual Offences and Related Matters Amendment Act 32 of 2007 established a National Register for Sex Offenders where the particulars of all offenders guilty of sexual transgressions against children or mentally-ill persons have to be included, regardless of whether they were found guilty before or after the coming into force of the Act. Although the purpose of the Act clearly is to protect and promote the constitutional rights of victims and society in general, it is apparent that the register may infringe on the rights of sexual offenders. 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 African register will be examined by means of a comparative study with the United States and United Kingdom, where similar registers are already in place. This legislative assessment will also provide answers as to the viability of the South African register. It is argued that South Africa's sex offender registration system may not fulfil the function it was designed for because of misconceptions as well as serious implementation and administrative issues; and that alternative solutions may be more suitable in this regard.

  14. Evaluation of high temperature mechanical properties and constitutive equation of austenitic stainless steels

    International Nuclear Information System (INIS)

    Blanchard, P.; Tortel, J.

    1985-08-01

    A large amount of experimental data (tensile tests, creep tests, cyclic strain tests, relaxation experiments and biaxial experiments) on 17-12 Mo SPH (316 L SPH) stainless steel used for building the primary loop of Super Phenix Reactor have been obtained during the last years. The aim of this paper is to illustrate by a few examples the work done in the constitutive equations area using this powerful data base. Numerous semiempirical equations have been developed to represent tensile, cyclic, creep or relaxation tests on 17-12 Mo SPH (316 L SPH) stainless steel. These equations, althrough not being able to be properly called ''constitutive equations'' in the full sense of the word, are nevertheless very useful for design studies. Actually these semiempirical equations are necessary tools for building elastic analysis's rules. Some examples of these equations are given along with specific applications (creep-fatigue rules). The qualitative and semiquantitative comparisons of the stress-strain behaviour (both uniaxial and biaxial) predicted by the most common constitutive equations (PRAGER, MEIJERS, HART, CHABOCHE, KRIEB, MILLER, ROBINSON) with the actual behaviour of 17-12 Mo SPH (316 L SPH) steel, allows us to shed some light on the strengths and weaknesses of these equations. This comparison is presented and discussed. The way to more realistic equations is shown. A detailed and quantitative comparison of the capabilities of two models, the CHABOCHE model and the multilayer unified model which has been developed is presented

  15. One of My Favorite Judges: Constitutional Interpretation, Democracy and Antonin Scalia

    Directory of Open Access Journals (Sweden)

    Allan James

    2017-05-01

    Full Text Available In this article the author explains why Antonin Scalia was one of his favourite judges. It starts by excerpting some of Justice Scalia’s most biting and funny comments, both from judicial and extra-judicial sources. Then it explains the attractions of an originalist approach to constitutional interpretation, though arguing that the intentionalist strain is preferable to Scalia’s ‘original public meaning’ or ‘new originalism’ approach. Finally, it argues that within the confines of a constitutional structure with an entrenched bill of rights, Scalia was a strong proponent of democratic decision-making to resolve key social policy decisions, unlike many other top judges.

  16. 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

  17. A constitutive model and numerical simulation of sintering processes at macroscopic level

    Science.gov (United States)

    Wawrzyk, Krzysztof; Kowalczyk, Piotr; Nosewicz, Szymon; Rojek, Jerzy

    2018-01-01

    This paper presents modelling of both single and double-phase powder sintering processes at the macroscopic level. In particular, its constitutive formulation, numerical implementation and numerical tests are described. The macroscopic constitutive model is based on the assumption that the sintered material is a continuous medium. The parameters of the constitutive model for material under sintering are determined by simulation of sintering at the microscopic level using a micro-scale model. Numerical tests were carried out for a cylindrical specimen under hydrostatic and uniaxial pressure. Results of macroscopic analysis are compared against the microscopic model results. Moreover, numerical simulations are validated by comparison with experimental results. The simulations and preparation of the model are carried out by Abaqus FEA - a software for finite element analysis and computer-aided engineering. A mechanical model is defined by the user procedure "Vumat" which is developed by the first author in Fortran programming language. Modelling presented in the paper can be used to optimize and to better understand the process.

  18. Identification, isolation and evaluation of a constitutive sucrose phosphate synthase gene promoter from tomato

    International Nuclear Information System (INIS)

    Naqvi, R.Z.; Mubeen, H.; Maqsood, A.; Khatoon, A.

    2017-01-01

    Sucrose phosphate synthase (SPS) is one of the abundantly expressed genes in plants. The promoters of SPS gene was identified, analyzed and retrieved from high throughput genomic sequence (HTGS) database. The cis-acting regulatory elements and transcription start sites of promoter were identified through different bioinformatics tools. The SPS promoter was isolated from Solanum lycopersicum and was initially cloned in TA vector (pTZ57R/T). Later on this promoter was transferred to a plant expression binary vector, pGR1 (pGRSPS) that was used for the transient GUS expression studies in various tissues of Nicotiana tabacum. SPS promoter was also cloned in plant stable expression vector pGA482 (pGASPS) and was transformed in Nicotiana tabacum through Agrobacterium-mediated transformation method. The histochemical GUS expression analysis of both transient and stable transgenic plants for this promoter indicated its functional importance in regulating gene expression in a constitutive manner. It was concluded that SPS promoter is constitutively expressed with a strength equivalent to CaMV 2X35S promoter. The promoter isolated through these studies may be effectively substituted in plant genetic engineering with other constitutive promoter for transgene expression in economically important agricultural crops. (author)

  19. The Serotonin Transporter Undergoes Constitutive Internalization and Is Primarily Sorted to Late Endosomes and Lysosomal Degradation*

    Science.gov (United States)

    Rahbek-Clemmensen, Troels; Bay, Tina; Eriksen, Jacob; Gether, Ulrik; Jørgensen, Trine Nygaard

    2014-01-01

    The serotonin transporter (SERT) plays a critical role in regulating serotonin signaling by mediating reuptake of serotonin from the extracellular space. The molecular and cellular mechanisms controlling SERT levels in the membrane remain poorly understood. To study trafficking of the surface resident SERT, two functional epitope-tagged variants were generated. Fusion of a FLAG-tagged one-transmembrane segment protein Tac to the SERT N terminus generated a transporter with an extracellular epitope suited for trafficking studies (TacSERT). Likewise, a construct with an extracellular antibody epitope was generated by introducing an HA (hemagglutinin) tag in the extracellular loop 2 of SERT (HA-SERT). By using TacSERT and HA-SERT in antibody-based internalization assays, we show that SERT undergoes constitutive internalization in a dynamin-dependent manner. Confocal images of constitutively internalized SERT demonstrated that SERT primarily co-localized with the late endosomal/lysosomal marker Rab7, whereas little co-localization was observed with the Rab11, a marker of the “long loop” recycling pathway. This sorting pattern was distinct from that of a prototypical recycling membrane protein, the β2-adrenergic receptor. Furthermore, internalized SERT co-localized with the lysosomal marker LysoTracker and not with transferrin. The sorting pattern was further confirmed by visualizing internalization of SERT using the fluorescent cocaine analog JHC1-64 and by reversible and pulse-chase biotinylation assays showing evidence for lysosomal degradation of the internalized transporter. Finally, we found that SERT internalized in response to stimulation with 12-myristate 13-acetate co-localized primarily with Rab7- and LysoTracker-positive compartments. We conclude that SERT is constitutively internalized and that the internalized transporter is sorted mainly to degradation. PMID:24973209

  20. Constitutive models for concrete and finite element analysis of prestressed concrete reactor vessels

    International Nuclear Information System (INIS)

    Smith, P.D.; Anderson, C.A.

    1977-01-01

    Two constitutive models for concrete are discussed. For short-term loads, the orthotropic variable modulus model is described, and for long-term loads a viscoelastic model utilizing a Dirichlet series approximation for the creep compliance function is summarized. The orthotropic variable modulus model is demonstrated in an analysis of a PCRV head with penetrations. The viscoelastic model is illustrated with a simulation of a prestressed concrete cylinder subject to non-uniform temperatures

  1. Inflamed with Study: Eighteenth-Century Higher Education and the Formation of the American Constitutional Mind

    Science.gov (United States)

    1989-09-30

    the Constitution makers included among the Greeks Plato, Aristotle, Demosthenes, Polybius, Strabo, Thucydides, Xenophon, Plutarch and Dionysius of...condition of the weaker members of the Amphyctionic Confederacy. Plutarch (life of Themistocles) will inform us that it happened but too often that the...in the same essay, in describing the deficiencies of the system, he reiterates, "It happened but too often, according to Plutarch , that the deputies

  2. Physical constitution matters for athletic performance and salary of NBA players

    OpenAIRE

    Bakkenbüll, Linn-Brit

    2017-01-01

    Basketball is one of the most practised sports in the world, especially in America. America has the most famous professional basketball league, the National Basketball Association (NBA). This study examines whether there is a relationship between the physical constitution of professional basketball players and their athletic performance in the 2015/16 NBA season. Regression results show that the relative wingspan influences the athletic performance in a significantly positive way whereas the ...

  3. Constitutive insulin sensitivity and obesity my be caused by PTEN mutations

    Directory of Open Access Journals (Sweden)

    E A Pigarova

    2012-12-01

    Full Text Available Реферат по статье: Pal A, Barber TM, Van de Bunt M, Rudge SA, Zhang Q, Lachlan KL, Cooper NS, Linden H, Levy JC, Wakelam MJ, Walker L, Karpe F, Gloyn AL. PTEN mutations as a cause of constitutive insulin sensitivity and obesity. N Engl J Med. 2012 Sep 13;367(11:1002-11.

  4. ERG review of salt constitutive law, salt stress determinations, and salt corrosion and modeling studies

    International Nuclear Information System (INIS)

    Balon, J.E.

    1986-03-01

    The Engineering Review Group (ERG) was established by the Office of Nuclear Waste Isolation (ONWI) to help evaluate engineering-related issues in the US Department of Energy's nuclear waste repository program. The August 1983 meeting of the ERG reviewed a RE/SPEC technical report containing a review of eight constitutive laws that have been proposed to model the creep of salt over the ranges of stress and temperature anticipated in a nuclear repository. This report documents the ERG's comments and recommendations on this subject and the ONWI responses to the specific points raised by the ERG

  5. ‘Small is Beautiful’, Analysing the Democratising Effect of Localism, Greater Regional Autonomy, Decentralisation and Constitutional Reform

    Directory of Open Access Journals (Sweden)

    Ben DUKE

    2014-12-01

    Full Text Available This paper seeks to provide a critical theoretical comparative review of the effect upon democracy, constitutional reform could have on new smaller states. This paper posits that it is an untried, untested assumption that democratisation will follow, if nation states’ populations choose constitutional reform. This paper also posits that social, economic, political, historical and cultural generic domains influence the drive for constitutional reform in very different ways globally. This paper intends to discuss the pressure for constitutional reform, from a globalisation perspective. This paper will demonstrate how globalisation itself is a significant causal factor, increasing the propensity towards constitutional reform of smaller states. This paper will also demonstrate that the EU anti-globalisation sentiment, asking for constitutional reform, is globally replicated elsewhere.

  6. Measuring Presidential Dominance over Cabinets in Presidential Systems: Constitutional Design and Power Sharing

    Directory of Open Access Journals (Sweden)

    Victor Araújo

    2016-08-01

    Full Text Available This study focuses on the degree of political dominance exercised on cabinets by the executive chief in presidential systems. According to a debate that began in the 1990s, presidential systems are characterized by a non-collegial decision-making process, led by and personified in the figure of the president, in contrast to parliamentary systems where a joint decision-making process is prevalent. The key argument of this research note is that, although the majority of presidents have the constitutional power to remove cabinet ministers, the executive decision-making process in presidential systems is not necessarily vertical or based on a non-collegial process. By building a new index, we reveal a significant variation in the executive power exerted by presidents over their cabinets. To classify the degree of political dominance of presidents over their cabinets, we analyzed the rules of cabinet decision-making processes as defined in 18 Latin American constitutions.

  7. EXPLORING IMPLICIT META-DISCOURSE IN LEGAL DISCOURSE: AN ANALYSIS OF THE CHINESE AND AMERICAN CONSTITUTIONS

    Directory of Open Access Journals (Sweden)

    Mengyu He

    2017-09-01

    Full Text Available Research in meta-discourse, particularly explicit meta-discourse or meta-discourse markers has contributed much knowledge on the discourse features of specialised genres. However, there are very few studies on implicit meta-discourse. The current study explores implicit meta-discourse in legal discourse by comparing the implicit interpersonal meta-discourse in the Constitution of the People’s Republic of China with the Constitution of the United States. The focus of the study is the use of implicit meta-discourse, particularly the grammatical meta-discourse in the legal discourse of two different languages and cultural groups. The findings demonstrate that there are similarities and differences in the use of implicit meta-discourse in the two constitutions. Within the context of language discourse, the findings of the current study suggest that legal discourse is distinctive in the use of implicit interpersonal meta-discourse, particularly in the way writers intrude into the discourse implicitly by certain key grammatical forms of meta-discourse. Despite the objectivity and rigour of legal discourse, the current study found that there is some level of subjectivity in such discourse, evident from the use of implicit meta-discourse.

  8. CONSIDERATIONS ABOVE THE MINI-CONSTITUENT PROPOSAL AND THE PROBLEMS MINIMIZATION (FROM CONSTITUTIONAL DIRIGISME TO THE EXPECTATIONS FRUSTRATION)

    OpenAIRE

    Padua, Átila Andrade

    2015-01-01

    With the June movements of 2013 was fostered the proposal to convene a "mini constituent" as a possibility to minimize the problems experienced by Brazilian society. Considering the constitutional  work  of  the  influx  Portuguese  José  Joaquim  Gomes  Canotilho  this constitutional model and the breaking of paradigms that represented the turgid Brazilian and Portuguese  constitutions,  dedicated  special  attention  to  the  differentiation  of  program standards with the constitutional di...

  9. Data-driven non-linear elasticity: constitutive manifold construction and problem discretization

    Science.gov (United States)

    Ibañez, Ruben; Borzacchiello, Domenico; Aguado, Jose Vicente; Abisset-Chavanne, Emmanuelle; Cueto, Elias; Ladeveze, Pierre; Chinesta, Francisco

    2017-11-01

    The use of constitutive equations calibrated from data has been implemented into standard numerical solvers for successfully addressing a variety problems encountered in simulation-based engineering sciences (SBES). However, the complexity remains constantly increasing due to the need of increasingly detailed models as well as the use of engineered materials. Data-Driven simulation constitutes a potential change of paradigm in SBES. Standard simulation in computational mechanics is based on the use of two very different types of equations. The first one, of axiomatic character, is related to balance laws (momentum, mass, energy,\\ldots ), whereas the second one consists of models that scientists have extracted from collected, either natural or synthetic, data. Data-driven (or data-intensive) simulation consists of directly linking experimental data to computers in order to perform numerical simulations. These simulations will employ laws, universally recognized as epistemic, while minimizing the need of explicit, often phenomenological, models. The main drawback of such an approach is the large amount of required data, some of them inaccessible from the nowadays testing facilities. Such difficulty can be circumvented in many cases, and in any case alleviated, by considering complex tests, collecting as many data as possible and then using a data-driven inverse approach in order to generate the whole constitutive manifold from few complex experimental tests, as discussed in the present work.

  10. THE ETHNIC AND LINGUISTIC IDENTITY OF THE ITALIAN-BRAZILIAN: ITS CONSTITUTION AND RECONSTRUCTION

    Directory of Open Access Journals (Sweden)

    Vitalina Maria FROSI

    2013-12-01

    Full Text Available This text approaches the constitution and reconstruction of the ethnic and linguistic identity of the Italian-Brazilian of the northeast region of Rio Grande do Sul. The analysis is qualitative and is based on three Italian dialect phrases, representative of auto-categorization of the Italian descendent, produced by him and used alternately according to the different phases of the social and linguistics processes. The main goal is to understand identity expressions. It describes thoroughly the primordial vision of identity and approaches theoretical principles of scholars who consider identity a constant process of construction and reconstruction which involves individuals during their lifetime and that is reconstructed through generations.The understanding of his identity constitutes a complex matter but it is given through the analysis of the socio-cultural and linguistic changes that took place in the community studied. The identity of an individual is closely connected to his languages and the feeling of belonging to a specific human group. This way, we see the possibility of the subject having more then one identity. Brazilianity and Italianity are both aspects of the same phenomenon. Identity, after all, does not exist beforehand, it is formed and defined historically and it is plural.

  11. Hospital pharmacists' and patients' views about what constitutes effective communication between pharmacists and patients.

    Science.gov (United States)

    Chevalier, Bernadette A M; Watson, Bernadette M; Barras, Michael A; Cottrell, William N

    2017-12-06

    The study's objective was to explore hospital pharmacists' and patients' views about what constitutes effective communication exchanges between pharmacists and patients. This was a novel theory-based qualitative study using semi-structured interviews to elicit patients' and pharmacists' perspectives. Pharmacists providing clinical pharmacy services in either inpatient or outpatient settings were recruited first. Eligible patients had been admitted to a study pharmacist's practice area and were prescribed three or more medications to manage a chronic disease(s). Following each pharmacist-patient medication counselling session, semi-structured interviews were held separately with patients and pharmacists. Participants were asked questions intended to explore their views about what constitutes an effective pharmacist-patient conversation. Audio recordings were transcribed verbatim, analysed using a process of inductive thematic analysis and then mapped to Communication Accommodation Theory strategies. Observational notes and reflexive note taking were conducted throughout. Twelve pharmacists each engaged four individual patients for a total of 48 pharmacist-patient conversations (resulting in 48 separate interviews with pharmacists and patients). An overall shared goal was the assurance of patients' confidence in managing their medications at home. Themes included shared colloquialisms/slang, well-explained information, engagement, established rapport and empowerment. Participants provided rich exemplars for each of the themes. Pharmacists and patients provided valuable insights about what makes pharmacist-patient interactions effective. Patient-identified preferences for pharmacist-patient exchanges may help guide pharmacy students and practitioners to engage patients in effective conversations. © 2017 Royal Pharmaceutical Society.

  12. Constitutive Behavior and Deep Drawability of Three Aluminum Alloys Under Different Temperatures and Deformation Speeds

    Science.gov (United States)

    Panicker, Sudhy S.; Prasad, K. Sajun; Basak, Shamik; Panda, Sushanta Kumar

    2017-08-01

    In the present work, uniaxial tensile tests were carried out to evaluate the stress-strain response of AA2014, AA5052 and AA6082 aluminum alloys at four temperatures: 303, 423, 523 and 623 K, and three strain rates: 0.0022, 0.022 and 0.22 s-1. It was found that the Cowper-Symonds model was not a robust constitutive model, and it failed to predict the flow behavior, particularly the thermal softening at higher temperatures. Subsequently, a comparative study was made on the capability of Johnson-Cook (JC), modified Zerilli-Armstrong (m-ZA), modified Arrhenius (m-ARR) and artificial neural network (ANN) for modeling the constitutive behavior of all the three aluminum alloys under the mentioned strain rates and temperatures. Also, the improvement in formability of the materials was evaluated at an elevated temperature of 623 K in terms of cup height and maximum safe strains by conducting cylindrical cup deep drawing experiments under two different punch speeds of 4 and 400 mm/min. The cup heights increased during warm deep drawing due to thermal softening and increase in failure strains. Also, a small reduction in cup height was observed when the punch speed increased from 4 to 400 mm/min at 623 K. Hence, it was suggested to use high-speed deformation at elevated temperature to reduce both punch load and cycle time during the deep drawing process.

  13. The limits of authority of the Constitutional Court of Bosnia and Herzegovina in the procedure for the assessment of compliance of laws with the Constitution of Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Simović Miodrag N.

    2014-01-01

    Full Text Available The Constitutional Court of Bosnia and Herzegovina is one of the pillars of rule of law and legal security as well as guarantee for preservation and development of democratic order in the constitutional framework of Bosnia and Herzegovina. It is not legislative, neither executive nor classical court authority, but a special kind of sui generis authority, acting as corrective factor for all three authority branches. In such a situation, the relationship between the Constitutional Court and legislative authority has a special significance, having in mind that legislative authority regulates, primarily through the law, legal order and, thereby, also defines social and political system of one state and that, on the other side, the Constitutional Court ensures that those laws are in accordance with the Constitution of Bosnia and Herzegovina and that, if it finds such a law has gone out of the framework of the Constitution, it may intervene by declaring the whole law or parts of it unconstitutional and put them out of force. Does the Constitutional Court in such a situation takes the role of legislator and what kind of legislator? What if the legislative authority does not comply with the decision of the Constitutional Court? Should Constitutional Court take the role of positive legislator? It is less problematic activity of the Constitutional Court as negative legislator in theory and practice. In such legal situation, the Constitutional Court in its decision finds unconstitutionality of a law provision (or the whole law and eliminates it from legal system generally after expiration of certain period of time when such provisions cease to be valid and the legislator replaces unconstitutional provisions with new ones within set time limit. However, we have a much more problematic situation when the Constitutional Court acts as positive legislation, i.e. when it makes a decision declaring validity of certain provisions of the law or instructing the

  14. Your Official U.S. Constitution Sign-On Information and Documents.

    Science.gov (United States)

    National Conference of Christians and Jews, New York, NY.

    These learning materials are centered around the idea that each individual should "sign" the U.S. Constitution. A facsimile of the U.S. Constitution is included in each learning packet for students to sign. Section 1 contains five teaching modules on the constitutional process that can be used with any subject. The first two modules,…

  15. THE INDEPENDENCE OF SOUTH AFRICAN JUDGES: A CONSTITUTIONAL AND LEGISLATIVE PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Lunga Siyo

    2015-11-01

    Full Text Available 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. It also discusses the sensitive matter of complaints and disciplinary proceedings against judges and their removal from office. The issue of the remuneration of judges is also explored. In discussing the challenges facing judicial independence some incidents that have appeared to compromise such independence are highlighted. These include the controversial appointments of Advocate Mpshe as an acting judge in the North West Province in 2010 and Judge Heath as the Head of the Special Investigative Unit (SIU in 2011. The never-ending controversy surrounding the Cape Judge President John Hlophe and his alleged attempts to improperly influence two Constitutional Court judges in a case involving President Jacob Zuma is also highlighted. Another issue that has brought judicial independence into sharp focus is the June 2015 visit to South Africa of Sudan's President Omar al-Bashir, who was on a warrant of arrest from the International Criminal Court (ICC for genocide and war crimes in the Darfur region of Sudan. A decision by the North Gauteng High Court on his presence in South Africa and the attacks on the judiciary made by various government officials as a result are discussed. Several conclusions are drawn but in the main, it is generally concluded that the constitutional and legislative framework adopted by South Africa sufficiently insulates judges from improper influence. However, there have been several notable challenges that particularly relate to judicial appointments and how the JSC has handled certain matters. Irresponsible and uninformed political statements by politicians and unwarranted political attacks on the judiciary

  16. The constitutive sofa cushion

    DEFF Research Database (Denmark)

    Hanghøj, Sara

    2009-01-01

    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...

  17. On constitutive modelling and information for phenomenal distributed parameter control of multicomponent chemical processes in fluid- and solidphase

    International Nuclear Information System (INIS)

    Niemiec, W.

    1985-01-01

    The problem under consideration is to find common physicochemical conditions of kinetics and phenomena of multicomponent chemical processes in fluid- and solidphase, deciding yield and quality of final products of these processes. The paper is devoted to the construction of a fundamental distributed parameter constitutive theory of physicochemical modelling of these chemical processes treated from the view of isotropic and anisotropic nonhomogeneous media with space and time memories. On the basis of definition of derivative and constitutive equations of continuity, original system of partial differential constitutive state equations are deduced

  18. Development of an artificial neural network model integrated with constitutive and FEM models

    International Nuclear Information System (INIS)

    Kong, L.X.; Hodgson, P.D.

    2000-01-01

    Although the standard error of IPANN model developed by Kong and Hodgson is lower than the constitutive model, it is found that the prediction of reaction force and torque during rolling with FEM is less accurate for IPANN model in some deformation regions. It is the summation of the product of the strain and stress in the deformation range, which contributes most to the precise prediction. An ANN model is therefore, developed in this work by integrating both the IPANN and FEM models. It is found that the integrated IPANN and FEM model is the most accurate model. (author)

  19. A constitutive model for representing coupled creep, fracture, and healing in rock salt

    International Nuclear Information System (INIS)

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

    1996-01-01

    The development of a constitutive model for representing inelastic flow due to coupled creep, damage, and healing in rock salt is present in this paper. This model, referred to as Multimechanism Deformation Coupled Fracture model, has been formulated by considering individual mechanisms that include dislocation creep, shear damage, tensile damage, and damage healing. Applications of the model to representing the inelastic flow and fracture behavior of WIPP salt subjected to creep, quasi-static loading, and damage healing conditions are illustrated with comparisons of model calculations against experimental creep curves, stress-strain curves, strain recovery curves, time-to-rupture data, and fracture mechanism maps

  20. Computational analysis and modeling of cleavage by the immunoproteasome and the constitutive proteasome

    Directory of Open Access Journals (Sweden)

    Lafuente Esther M

    2010-09-01

    Full Text Available Abstract Background Proteasomes play a central role in the major histocompatibility class I (MHCI antigen processing pathway. They conduct the proteolytic degradation of proteins in the cytosol, generating the C-terminus of CD8 T cell epitopes and MHCI-peptide ligands (P1 residue of cleavage site. There are two types of proteasomes, the constitutive form, expressed in most cell types, and the immunoproteasome, which is constitutively expressed in mature dendritic cells. Protective CD8 T cell epitopes are likely generated by the immunoproteasome and the constitutive proteasome, and here we have modeled and analyzed the cleavage by these two proteases. Results We have modeled the immunoproteasome and proteasome cleavage sites upon two non-overlapping sets of peptides consisting of 553 CD8 T cell epitopes, naturally processed and restricted by human MHCI molecules, and 382 peptides eluted from human MHCI molecules, respectively, using N-grams. Cleavage models were generated considering different epitope and MHCI-eluted fragment lengths and the same number of C-terminal flanking residues. Models were evaluated in 5-fold cross-validation. Judging by the Mathew's Correlation Coefficient (MCC, optimal cleavage models for the proteasome (MCC = 0.43 ± 0.07 and the immunoproteasome (MCC = 0.36 ± 0.06 were obtained from 12-residue peptide fragments. Using an independent dataset consisting of 137 HIV1-specific CD8 T cell epitopes, the immunoproteasome and proteasome cleavage models achieved MCC values of 0.30 and 0.18, respectively, comparatively better than those achieved by related methods. Using ROC analyses, we have also shown that, combined with MHCI-peptide binding predictions, cleavage predictions by the immunoproteasome and proteasome models significantly increase the discovery rate of CD8 T cell epitopes restricted by different MHCI molecules, including A*0201, A*0301, A*2402, B*0702, B*2705. Conclusions We have developed models that are specific