Constitutional developments in Latin American abortion law.

Science.gov (United States)

Bergallo, Paola; Ramón Michel, Agustina

2016-11-01

For most of the 20th Century, restrictive abortion laws were in place in continental Latin America. In recent years, reforms have caused a liberalizing shift, supported by constitutional decisions of the countries' high courts. The present article offers an overview of the turn toward more liberal rules and the resolution of abortion disputes by reference to national constitutions. For such purpose, the main legal changes of abortion laws in the last decade are first surveyed. Landmark decisions of the high courts of Argentina, Bolivia, Colombia, and Mexico are then analyzed. It is shown that courts have accepted the need to balance interests and competing rights to ground less restrictive laws. In doing so, they have articulated limits to protection of fetal interests, and basic ideas of women's dignity, autonomy, and equality. The process of constitutionalization has only just begun. Constitutional judgments are not the last word, but they are important contributions in reinforcing the legality of abortion. Copyright © 2016 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

A constitutive law for degrading bioresorbable polymers.

Science.gov (United States)

Samami, Hassan; Pan, Jingzhe

2016-06-01

This paper presents a constitutive law that predicts the changes in elastic moduli, Poisson's ratio and ultimate tensile strength of bioresorbable polymers due to biodegradation. During biodegradation, long polymer chains are cleaved by hydrolysis reaction. For semi-crystalline polymers, the chain scissions also lead to crystallisation. Treating each scission as a cavity and each new crystal as a solid inclusion, a degrading semi-crystalline polymer can be modelled as a continuum solid containing randomly distributed cavities and crystal inclusions. The effective elastic properties of a degrading polymer are calculated using existing theories for such solid and the tensile strength of the degrading polymer is predicted using scaling relations that were developed for porous materials. The theoretical model for elastic properties and the scaling law for strength form a complete constitutive relation for the degrading polymers. It is shown that the constitutive law can capture the trend of the experimental data in the literature for a range of biodegradable polymers fairly well. Copyright © 2016 Elsevier Ltd. All rights reserved.

HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW

Directory of Open Access Journals (Sweden)

Cass R. Sunstein

2017-02-01

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

The nuclear fuels tax is in conformity with constitutional law

International Nuclear Information System (INIS)

Faehrmann, Ingo; Ringwald, Roman

2012-01-01

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

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...

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.

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

The application of section 8(3) of the constitution in the development of customary law values in South Africa's new constitutional dispensation

OpenAIRE

Ntlama, Nomthandazo

2012-01-01

The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was undertaken out of genuine respect for customary law or merely forgotten in section 8(3) of the Constitution. It is argued that the exclusion of customary law from the provision of the section is nothing more than the advancement of the dominant status enjoyed by common law, as was...

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

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

The Application of Section 8(3 of the Constitution in the Development of Customary Law Values in South Africa's New Constitutional Dispensation

Directory of Open Access Journals (Sweden)

N Ntlama

2012-03-01

Full Text Available The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was undertaken out of genuine respect for customary law or merely forgotten in section 8(3 of the Constitution. It is argued that the exclusion of customary law from the provision of the section is nothing more than the advancement of the dominant status enjoyed by common law, as was the case before the dawn of democracy. This argument is limited to the application of section 8(3 and the jurisprudence of the Constitutional Court, without focusing on the shortcomings of the latter in relation to the remedies provided in the resolution of disputes arising from customary law.

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

African Journals Online (AJOL)

In contrast to the Constitution of the United States of America, the principle of the ... The presence in a Bill of Rights of restrictive clauses, is important for its analysis. ... International law has also been instrumental in the worldwide recognition of ...

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

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

The Existence of Customary Law in the Polemics of Positive Law – a Study From the Perspective of Constitutional Law

OpenAIRE

Saleh, M

2013-01-01

As a member of the law family, the Adat law is one form of positive law which plays particular role and contribution in the making process of the whole positive law in Indonesia. Existence of Adat law in the constitutional of Indonesia painted its own color. As one of the oldest customary law in the life of local community Adat law has become the seed and formatting idea of Indonesia's national law where Adat Law has widely influenced other positive law.

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

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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.

Predicting sintering deformation of ceramic film constrained by rigid substrate using anisotropic constitutive law

International Nuclear Information System (INIS)

Li Fan; Pan Jingzhe; Guillon, Olivier; Cocks, Alan

2010-01-01

Sintering of ceramic films on a solid substrate is an important technology for fabricating a range of products, including solid oxide fuel cells, micro-electronic PZT films and protective coatings. There is clear evidence that the constrained sintering process is anisotropic in nature. This paper presents a study of the constrained sintering deformation using an anisotropic constitutive law. The state of the material is described using the sintering strains rather than the relative density. In the limiting case of free sintering, the constitutive law reduces to a conventional isotropic constitutive law. The anisotropic constitutive law is used to calculate sintering deformation of a constrained film bonded to a rigid substrate and the compressive stress required in a sinter-forging experiment to achieve zero lateral shrinkage. The results are compared with experimental data in the literature. It is shown that the anisotropic constitutive law can capture the behaviour of the materials observed in the sintering experiments.

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.

A developmental perspective on the ideal of reason in American constitutional law.

Science.gov (United States)

Dailey, Anne C

2005-01-01

The ideal of reason is central to contemporary accounts of citizenship in American constitutional law. The individual capacity for reasoned choice lies closely aligned with the constitutional values of personal liberty and democratic self-government as they have evolved in Supreme Court decisions over the past century. Yet as presently conceived, the ideal of reason in constitutional law overlooks the process by which individuals actually acquire the capacity to choose their own values and commitments or to engage in reasoned thinking about collective ends. This paper argues that we cannot hope to sustain and foster a constitutional polity committed to the principles of individual liberty and democratic self-government without knowing something about how individual citizens come to possess this requisite skill of mind. A developmental perspective on reason in constitutional law provides a framework for examining the source and contours of the psychological skills that make it possible to lead an autonomous, self-directed life and to participate meaningfully in the processes of democratic self-government. Developmental psychology, together with research in related fields, provides empirical support for the proposition that the psychological capacity for reasoned thinking has its roots in the early caregiving relationship. Thus, a comprehensive and integrated constitutional family law must recognize the role of early caregiving in the political socialization of children. This developmental approach offers a substantial reworking of constitutional doctrine in the areas of family privacy, parental rights, congressional power, and affirmative welfare rights.

Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

Directory of Open Access Journals (Sweden)

Marieta SAFTA

2012-06-01

Full Text Available This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.

Important characteristics and constitutional law basis of the optional instrument for European contract law

Directory of Open Access Journals (Sweden)

Silvija Petrić

2009-01-01

Full Text Available This paper is dedicated to the analysis of the optional instrument for European contract law as one of the measures which the European Commission suggests within the framework of the initiative of European contract law. It is about the system of general rules of contract law and particular rules for those contracts which are the most important for the functioning of a unified European market. The paper analyses the reasons for suggesting such measures, the basic characteristics and purpose, possible ways of application, potential content and structure, its relation to other Acts and measures of community law, and, in particular, the possible constitutional law basis for the bringing in of such an act of Community law.

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

Problems of the Renewable Energy Law of 2014 with respect to constitutional and EU law

International Nuclear Information System (INIS)

Ekardt, Felix; Rostock Univ.

2014-01-01

The 2014 amendment to the Renewable Energy Law (EEG) which is currently in the process of enactment aims to limit the scope of what has been one of the most successful climate protection instruments in the history of German law. In essence this instrument has established an obligation of acceptance of and remuneration for electricity generated from renewable resources. The present article analyses the most important regulatory objects of the 2014 EEG for their compatibility with German constitutional law as well as primary and secondary EU law.

A uniaxial cyclic elastoplastic constitutive law with a discrete memory variable

International Nuclear Information System (INIS)

Taheri, S.

1991-01-01

At present, the study on cyclic elastoplastic constitutive laws is focused on nonproportional loading, but for uniaxial loading, some problems still exist. For example, the possibility for a law to describe simultaneously the ratcheting in nonsymmetrical load-controlled test, elastic and plastic shakedown in symmetrical and nonsymmetrical ones. Here a law is presented, which in addition to previous phenomena, describes the cyclic hardening in a pushpull test, the cyclic softening after overloading and also the dependence of cyclic strain-stress curves on the history of loading. These are the usual properties of 316 stainless steel at room temperature. This law uses an internal discrete memory variable: the plastic strain at the last unloading. On the other hand, the choice of all macroscopic variables is justified by a microscopic analysis. This law has been also extended to a three-dimensional case. Regarding the microstructure under cyclic loading, plastic shakedown and ratcheting are discussed. The definition of macroscopic variables taking account of microstructure and uniaxial constitutive law are described. (K.I.)

The South African Constitutional Court Experience: Reasoning Patterns Based on Foreign Law

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Andrea Lollini

2012-05-01

Full Text Available This article aims to analyse the phenomenon of the diffusion of interpretive paradigms or argumentation models between constitutional courts. This phenomenon involves the importation of parameters - defined here as extra-systemic to a specific legal system - and the use of the comparative method in applying constitutional texts.The main subject of this study is the analysis of the first 11 years of South African constitutional jurisprudence, which is a convenient scenario since a constitutional provision enables the Constitutional Court to 'consider foreign law' when interpreting the Bill of Rights. In fact, this led to the wide use of foreign jurisprudence and legislation (from which were extracted argumentation models, patterns of balancing between principles and sometimes actual normative 'meanings': in other words, extra-systemic legal inferences. This article shows the existence of several patterns of legal argumentation based on foreign law which were developed by the South African Constitutional Court.

Micromechanics of Composite Materials Governed by Vector Constitutive Laws

Science.gov (United States)

Bednarcyk, Brett A.; Aboudi, Jacob; Arnold, Steven M.

2017-01-01

The high-fidelity generalized method of cells micromechanics theory has been extended for the prediction of the effective property tensor and the corresponding local field distributions for composites whose constituents are governed by vector constitutive laws. As shown, the shear analogy, which can predict effective transverse properties, is not valid in the general three-dimensional case. Consequently, a general derivation is presented that is applicable to both continuously and discontinuously reinforced composites with arbitrary vector constitutive laws and periodic microstructures. Results are given for thermal and electric problems, effective properties and local field distributions, ordered and random microstructures, as well as complex geometries including woven composites. Comparisons of the theory's predictions are made to test data, numerical analysis, and classical expressions from the literature. Further, classical methods cannot provide the local field distributions in the composite, and it is demonstrated that, as the percolation threshold is approached, their predictions are increasingly unreliable. XXXX It has been observed that the bonding between the fibers and matrix in composite materials can be imperfect. In the context of thermal conductivity, such imperfect interfaces have been investigated in micromechanical models by Dunn and Taya (1993), Duan and Karihaloo (2007), Nan et al. (1997) and Hashin (2001). The present HFGMC micromechanical method, derived for perfectly bonded composite materials governed by vector constitutive laws, can be easily generalized to include the effects of weak bonding between the constituents. Such generalizations, in the context of the mechanical micromechanics problem, involve introduction of a traction-separation law at the fiber/matrix interface and have been presented by Aboudi (1987), Bednarcyk and Arnold (2002), Bednarcyk et al. (2004) and Aboudi et al. (2013) and will be addressed in the future.

Large Deformation Constitutive Laws for Isotropic Thermoelastic Materials

Energy Technology Data Exchange (ETDEWEB)

Plohr, Bradley J. [Los Alamos National Laboratory; Plohr, Jeeyeon N. [Los Alamos National Laboratory

2012-07-25

We examine the approximations made in using Hooke's law as a constitutive relation for an isotropic thermoelastic material subjected to large deformation by calculating the stress evolution equation from the free energy. For a general thermoelastic material, we employ the volume-preserving part of the deformation gradient to facilitate volumetric/shear strain decompositions of the free energy, its first derivatives (the Cauchy stress and entropy), and its second derivatives (the specific heat, Grueneisen tensor, and elasticity tensor). Specializing to isotropic materials, we calculate these constitutive quantities more explicitly. For deformations with limited shear strain, but possibly large changes in volume, we show that the differential equations for the stress components involve new terms in addition to the traditional Hooke's law terms. These new terms are of the same order in the shear strain as the objective derivative terms needed for frame indifference; unless the latter terms are negligible, the former cannot be neglected. We also demonstrate that accounting for the new terms requires that the deformation gradient be included as a field variable

Constitutional lawful questions of the getout from the use of nuclear energy for generation of electricity

International Nuclear Information System (INIS)

Denninger, E.

2000-01-01

The author of the book under consideration reports on constitution lawful questions of the exit from the use of nuclear energy to generate electricity. The main aspects of this book are: (a) Realization of the decision of dropping out by means of the parliamentary law; (b) Requirement of the maintenance of the use of nuclear energy due to a law of higher rank?; (c) Legal status of power supply companies and their operating companies; (d) Concrete protection area of ownership guarantee of Article 14 GG according to nuclear power stations; (e) Supplementary time limit of atom lawful permissions as limiting stipulation according to Article 14 sect. 1 sentence 2 GG; (f) Constitution lawful requirements according to get out law, I: The abstract scale; (g) Constitutional lawful requirements according to get out law, II: Application of scales and consequences

Law and justice in Post-Soviet Russia: Strategies of constitutional modernization

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Andrei N. Medushevsky

2012-07-01

Full Text Available The relationships between notions of law and justice – the central argument in political debates of transition periods. The law is defined in contemporary political science as a special form of social organization which represents itself as a value, norm and fact. The complex interpretation of law as a multidimensional phenomenon is possible only if these three competing parameters are taken into consideration. Another side of the problem is the definition of justice as an ideal, norm or historical tradition. Our purpose in this article is to reconstruct on the basis of cognitive and information theory approach some basic parameters of law and justice in the process of searching solutions for fundamental problems of transitional Post-Soviet period. Among them are: the conflict of law and justice in current Russian political reality; social equality and new property relations; national identity and system of government; the form of government and the type of political regime; legitimacy and legality of political transformation; effectiveness of law. The establishment of a new constitutional order is simultaneously the result and the main premise of this transformation. At the focus of our approach is the comparison between conservative, liberal and pragmatic strategies of legal and constitutional transformation.

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.

The South African constitutional Court and the Rule of Law: The ...

African Journals Online (AJOL)

The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of the constraints it sets are not well defined. In Masethla v President of the Republic of South Africa,1 the majority of the Constitutional Court opted for an interpretation of this value that frees the President from ...

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

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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

Questions concerning constitutional law - Lander administration on behalf of the Federal Government

International Nuclear Information System (INIS)

Ossenbuehl, F.

1991-01-01

The lecture gives a basic perspective of a reform of the Laender administration on behalf of the Federal Government and first covers its nature, purpose and structure with respect to the atomic energy administration after the latest decisions of the Federal Constitutional Court. There follows a section on the constitutional and administrative reality of the Laender administration on behalf of the Federal Government as applied to atomic energy law, in which three conflict cases are pointed out. The last section gives an appraisal from the points of view of loyalty in execution, instruments of control (general administrative regulations - single directives - general directives), scope of the Laender administration on behalf of the Federal Government. It is determined whether the situations envisaged by the norms coincide with reality, where there are deficits and how they can be ameliorated by reform. As the Laender administration on behalf of the Federal Government is shaped on constitutional law it is only periphally accessible to an amendment of atomic energy law through normal legislation. (HSCH) [de

Constitutional principle of equality of citizens before the law in the Montenegrin tax system: The assessment of constitutionality of the Law on fees (taxes on services of public interest

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Ilija Vukčević

2014-01-01

Full Text Available This paper elaborates the application of general constitutional principle of equality before the law in the area of taxation. The issue of the constitutionality of the Law on fees on access to certain services of public interest and on consumption of tobacco products and acoustic and electro acoustic devices represents the most comprehensive analysis of the subject matter. In this case, the Constitutional Court of Montenegro, among other awkward conclusions, has ruled that there is no constitutional basis for the application of the principle of ability-to-pay and the principle of proportionality in the area of taxation. This strange reasoning is the resemblance of the settled case practice of the Constitutional Court of Montenegro of evading the interference in issues related to constitutionality in tax matters. According to the Constitutional Court of Montenegro, such standing is the consequence of scarce constitutional provisions relating to taxation (e.g. there is no ex lege principle of ability-to-pay in the Constitution of Montenegro. In this way, Constitutional Court of Montenegro, intentionally or by accident, has placed this part of Montenegrin legal system out of its jurisdiction. This reasoning is unacceptable since, to certain extent, it undermines the whole legal system. By doing so, the Constitutional Court of Montenegro puts the Parliament of Montenegro out of the constitutional boundaries of Montenegrin legal system regarding the area of taxation, and gives the legislator the possibility to act without any constitutional control. This reluctance of the Constitutional Court of Montenegro can be attributed to the insufficient understanding of this sophisticated area of the legal system and the fear of delivering wrong decisions, or it can be interpreted as a deliberate retreat in front of the demand for unlimited powers exercised by the legislator in tax matters.

Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’

OpenAIRE

PETERSMANN, Ernst-Ulrich

2010-01-01

This contribution argues that concepts of social justice in European and international private law must remain consistent with the principles of justice underlying European and international public law. The contribution begins with a brief explanation of the diversity of conceptions of constitutional justice and of their legal impact on ever more fields of European public and private law (1). After clarifying the constitutional terminology used in this contribution (2), Rawlsian p...

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.

Christian Joerges and Ernst-Ulrich Petersmann (eds., Constitutionalism: Multilevel Trade Governance and International Economic Law (Hart Publishing: Studies in International Trade Law, 2011

Directory of Open Access Journals (Sweden)

Rachael L. Johnstone

2012-03-01

Full Text Available Constitutionalism, Multilevel Trade Governance and International Economic Law is a second issue of a 2006 text of the same name. It brings together an impressive collection of international scholarship exploring international economic law in light of constitutional theory with many well-established experts in the field alongside some relatively junior and highly promising scholars.

Climate Justice: A Constitutional Approach to Unify the Lex Specialis Principles of International Climate Law

Directory of Open Access Journals (Sweden)

Teresa Thorp

2012-11-01

Full Text Available Legal principles legitimise ubiquitous social values. They make certain social norms lawful and legitimate. Legal principles may act as governing vectors. They may give effect to a unified and legitimate constitutional framework insofar as a constitution unifies the fundamental principles on which a state or competent authority is governed.Concerning international climate law, however, there is a certain shortcoming. The failure to comprehend a unified constitutional framework of lex specialis principles could debilitate intra and inter-regime governance and lead to uncertainties. At one time, uncertainties incite the law-making process. At another time, they constrain it. Such a shortcoming may lead to inconsistencies in interpreting consequential climate norms. It may thwart dispute resolution and it may impede climate negotiations. To traverse this abyss, the inquiry uses instruments of legal philosophy (the philosophy of language, legal systematics (the study of legal systems, and legal hermeneutics (the legal practice of interpretation to delineate, distinguish and unify lex specialis principles that could form the foundations of a universal constitutional framework of international climate law. In doing so, it shows that climate justice is a function of the quality of the legal system.

RECOGNITION OF THE CUSTOMARY LAND LAW IN THE CONSTITUTION OF INDONESIA AND MALAYSIA

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Datu Bua Napoh

2015-12-01

Full Text Available Recognition of customary land law is very important for indigenous peoples in their daily lives to protect the existence of the preservation of customary law itself, because this is a traditional lands where they carry out their daily routines and develop their traditional habits which categorized as unique and different from other areas. In Indonesia, the customary land law is recognized as long as it really exists and does not contradict the higher principle and state law. We can see it in article 3 UUPA in 1960, and article 18b paragraph 1945 Constitution of the Republic of Indonesia; while in Malaysia, customary land law is also protected in the Constitution of Malaysia Certificate 134, Original Certificate in 1954. Moreover, the recognition of indigenous land has also been described by the "UN Declaration on the Rights of Indigenous Peoples in articles 8, 10, 26, 29, 30, 32", the UN explains how they give great recognition of the law of customary land to provide rights and obligations to society custom to protect the existence and preservation of the traditions that they get from their ancestors.

Barak’s Purposive Interpretation in Law as a Pattern of Constitutional Interpretative Fidelity

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Marinković Tanasije

2016-12-01

Full Text Available Political jurisprudence points out that constitutional court judges sometimes act like political actors, and that their decisions are a function of strategic and ideological as much as legal considerations. Consequently, the proper role of the courts, notably in exercising their review of constitutionality, has been one of the most debated issues in modern political and legal theory. Part of the controversy is also how to measure the interpretative fidelity of judges to the constitutional texts, or conversely, the level of their political engagement. This paper argues for the reconsideration of Aharon Barak’s Purposive Interpretation in Law in that light. Barak’s work was intended to provide, in the first place, judges and other lawyers with a sort of judicial philosophy – a holistic system of legal reasoning, applying both to the interpretation of will, contract, statute and constitution. Nevertheless, these conventions of legal reasoning, modified and readapted, could well be used also as heuristic tools by the academics in measuring the interpretative fidelity of judges to various sources of law. Accordingly, this paper clings closely to the presentation of Barak’s precepts for the purposive interpretation of constitutions, by focusing on the notions of subjective and objective purpose in interpreting constitutions, and how the potential conflicts between these purposes are resolved.

Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective

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Bambang Sutrisno

2016-06-01

Full Text Available The Politics of Law holds responsibility to give the surety of all regulations, including Local Regulation, for capable of reflecting the collective will of the public as the owner of the highest sovereignty. Politics of law is always working to bring together the ius constituendum and ius constitutum  at the encounter between realism and idealism. Local Regulation as subsystems of national law, is expected to serve as a guiding instrument and guard direction for development and continuous improvement of Local Government. Therefore the existence of local regulations holds a strategic role for legal certainty, which is a necessary to create a conducive business climate and stability of the country. How To Cite: Sutrisno, B. (2016. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective. Rechtsidee, 3(1, 41-52. doi:http://dx.doi.org/10.21070/jihr.v3i1.131

Numerical model for verification of constitutive laws of blood vessel wall

Czech Academy of Sciences Publication Activity Database

Macková, H.; Chlup, Hynek; Žitný, R.

-, 2/1 (2007), s. 66-66 ISSN 1880-9863 Institutional research plan: CEZ:AV0Z20760514 Keywords : constitutive law * numerical model * pulse wave velocity Subject RIV: BK - Fluid Dynamics http://www.jstage.jst.go.jp/browse/jbse/2/Suppl.1/_contents

Data derived from constitutive laws for description of shock wave propagation in concrete. Final report

International Nuclear Information System (INIS)

Eibl, J.; Ockert, J.

1994-01-01

Especially the need to design safe reactor containments, but also the necessity to protect facilities and human beings against impacts induced secondarily by explosions and detonations, demand simulations and design calculations of concrete under shock wave loading. The necessary computer codes are available, but the relevant constitutive laws for concrete with volumetric pressures up to more than 10000 MPa are lacking. Therefore shock wave tests have been carried out to develop such constitutive laws by loading concrete slabs with contact explosions. By the use of hot-molded carbon composition resistors shock waves propagating through the slab were measured. Pressures up to 13900 MPa were registered. Additionally shock wave velocities were determined from the different arrival times of the wave at the gages. By these two measured values and the conservation equations of mass and momentum the needed p-V relationship, the so called Hugoniot-Curve, was established up to 13900 MPa. Using the theory of Mie-Grueneisen and the so called P-α model the Hugoniot-Curve was extended to the equation of state for concrete. In a first step the deviatoric part of the constitutive law was attached from own static experiments considering the existing knowledge of strain rate effects since relevant dynamic tests under extreme loads are not available. With this constitutive law the analysis of the experiments then was backward verified in detail. (orig.) [de

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

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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.

On the constitutive law of environment assisted fatigue: The physical meaning of the Paris type equations. Pt. 1

International Nuclear Information System (INIS)

Krausz, K.; Wu Xijia; Krausz, A.S.; Lian Zhiwen

1992-01-01

Environment assisted fatigue crack growth is a complex of thermally activated processes. Accordingly, the framework for the expression of rational constitutive law is developed from fracture kinetics theory. The correlation of the constitutive law with the Paris equation is discussed and the empirical parameters in the Paris equation are expressed explicitly in terms of activation energy, stress intensity factor range, temperature, stress ratio, and other physically rigorous engineering quantities. The theory assures and facilitates, the rigorous quantitative evaluation of the effects of the microstructure: the constitutive law gives guidance to its measurement and expresses it in terms of energy-related quantities. (orig.) [de

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

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Giorgio Baruchello

2016-03-01

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

Climate Justice: A Constitutional Approach to Unify the Lex Specialis Principles of International Climate Law

NARCIS (Netherlands)

Thorp, Teresa

2012-01-01

Legal principles legitimise ubiquitous social values. They make certain social norms lawful and legitimate. Legal principles may act as governing vectors. They may give effect to a unified and legitimate constitutional framework insofar as a constitution unifies the fundamental principles on which a

The issue of constitutional law legitimacy on "human assisted reproduction" between reasonableness of the choices and effectiveness of the protection of all involved subjects.

Science.gov (United States)

Penasa, Simone

2006-01-01

This artiche analyzes the constitutionality petition to the constitutional Court against Law 40 of 2004 on "human assisted reproduction", where it prohibits the "preimplantatory genetical diagnosis", because it could be against the mother's right to health (art. 32 Italian Constitution) and the egalitarian protection clause (art. 3 Italian Constitution). In the constitutionally petition the ordinary judge proposes an interpretation in accordance with Constitution of the contested disposition (art. 13 of Law 40 of 2004) and this could be the possibility to teste the "living law" theory and its relation with the "adequate interpretation" of the law and the Constitution.

El derecho constitucional y la crisis = Constitutional law and the crisis

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Enrique Álvarez Conde

2013-09-01

Full Text Available La actual crisis económica, originada por una serie de sujetos activos con la pretensión de ocupar determinados espacios públicos, es una de las consecuencias de la llamada «globalización de la miseria». La misma esta poniendo en tela de juicio el modelo democrático de las democracias occidentales, produciendo una crisis institucional más grave aún que la propia crisis económica. Ello conduce a la necesidad imperiosa de proporcionar respuestas normativas adecuadas, que requieren la utilización de nuevas categorías dogmáticas. A este respecto, el Derecho constitucional, como Derecho común del ordenamiento jurídico y como Derecho principial, se encuentra en una posición prevalente para llevar a cabo, en colaboración con las demás disciplinas jurídicas, todo ese proceso de reconstrucción dogmática que ha de conducir, necesariamente, a una constitucionalización de lo privado. The current economic crisis, caused by a series of active subjects with the aim of occupying certain public spaces, is one of the consequences of the «globalization of poverty». It is putting into question the democratic model of Western democracies, causing a constitutional crisis even worse than the economic crisis itself. This leads to the imperative to provide appropriate policy responses, requiring the use of new categories dogmatic. In this regard, constitutional law, and common law legal system and as principial law, is prevalent in a position to carry out, in collaboration with other legal disciplines, all that dogmatic reconstruction process that must lead necessarily, a constitution for the private.

Problems of the Renewable Energy Law of 2014 with respect to constitutional and EU law; Verfassungs- und unionsrechtliche Probleme des EEG 2014

Energy Technology Data Exchange (ETDEWEB)

Ekardt, Felix [Forschungsstelle Nachhaltigkeit und Klimapolitik, Leipzig (Germany); Rostock Univ. (Germany). Oeffentliches Recht und Rechtsphilosophie

2014-08-15

The 2014 amendment to the Renewable Energy Law (EEG) which is currently in the process of enactment aims to limit the scope of what has been one of the most successful climate protection instruments in the history of German law. In essence this instrument has established an obligation of acceptance of and remuneration for electricity generated from renewable resources. The present article analyses the most important regulatory objects of the 2014 EEG for their compatibility with German constitutional law as well as primary and secondary EU law.

The Relationship Between Domestic Law and International Law : The Impacts on the Legal Daily Brazilian under the Perspective of Constitutionality Block Expansion

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Luciane Klein Vieira

2016-06-01

Full Text Available The relationship between domestic law and international law, carried out by court decisions, is a recurring theme of both international human rights law and constitutional law. This article aims to portray the interactions between domestic law and international law, with emphasis on Brazil, taking into account the internal rules and judicial practice. Therefore, we will use the dogmatic method, which involves analyzing the rules on the subject in the international and domestic front, with empirical perspective, with a view to analysis of cases in which the issue was raised, in particular the possible existence constitu- tionality block and its growth because human rights treaties ratified by Brazil.

The modernization of American public law: health care reform and popular constitutionalism.

Science.gov (United States)

Super, David A

2014-04-01

The Patient Protection and Affordable Care Act (ACA) transformed U.S. public law in crucial ways extending far beyond health care. As important as were the doctrinal shifts wrought by National Federation of Independent Business v. Sebelius, the ACA's structural changes to public law likely will prove far more important should they become entrenched. The struggle over the ACA has triggered the kind of "constitutional moment" that has largely replaced Article V's formal amendment procedure since the Prohibition fiasco. The Court participates in this process, but the definitive and enduring character of these constitutional moments' outcomes springs from broad popular engagement. Despite the Court's ruling and the outcome of the 2012 elections, the battle over whether to implement or shelve the ACA will continue unabated, both federally and in the states, until We the People render a clear decision. Whether the ACA survives or fails will determine the basic principles that guide the development of federalism, social insurance, tax policy, and privatization for decades to come. In each of these areas, the New Deal bequeathed us a delicate accommodation between traditionalist social values and modernizing norms of economic efficiency and interest group liberalism. This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. But absent broad popular engagement, no definitive new principles could be established. The ACA's entrenchment would elevate technocratic norms across public law, the first change of our fundamental law since the civil rights revolution. The ACA's failure would rejuvenate individualistic, moralistic, pre-New Deal norms and allow opponents to attempt a counterrevolution against technocracy.

Questions concerning constitutional law - Laender administration on behalf of the Federal Government

International Nuclear Information System (INIS)

Badura, P.

1991-01-01

The lecture deals with the interpretation of regulations on competence and organisation in the federal system the Laender administration on behalf of the Federal Government and the federal principles governing the formation of state - the legal relationship between the Federation and the Laender; the competence of the supreme federal authority for subject matters in executing federal law on behalf of the Federal Government. The following concluding statement is given: While extensive, the scope of the Federal Government in influencing the execution of federal law through the Laender in the case of the Laender administration on behalf of the Federal Government has its limits both in law and practice. In the case of atomic energy administration this situation may appear as an execution deficit from the point of view of the Federal Government. If at all desirable, redress is only conceivable via an amendment to Paragraph 85 of the Basic Law or to the specific constitutional regulations - possibly in the strengthening of the Federation through the instruments of Paragraph 85 of the Basic Law: authorization of the supreme federal authority to execute the federal law if there is an urgent public interest in this. (orig./HSCH) [de

At the Intersection between Expropriation Law and Administrative Law: Two Critical Views on the Constitutional Court's Arun Judgment

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Ernst Jacobus Marais

2016-08-01

Full Text Available In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence be compensated for the "expropriation" of such excess land if the provision is to comply with section 25(2 of the Constitution. This ruling is problematic for both expropriation law and administrative law. In terms of section 25(2 four objections may be raised against the Arun decision. Firstly, it disregards the function of the public interest requirement for expropriation, as understood in view of the law-of-general-application requirement (which, in turn, is informed by the legality principle. The state cannot expropriate property for purposes that are ultra vires (or ulterior to the authorising legislation. Yet the Arun court seems to allow just this by permitting the local authority to acquire land unrelated to the normal need of the development against payment of compensation instead of setting the attempted expropriation aside. The judgment, secondly, ignores the role of compensation under section 25(2. Merely paying compensation to an affected party cannot turn an invalid expropriation into a valid one, since compensation is merely the result of a valid expropriation and not a justification for it. Thirdly, it makes the distinction between deprivation and expropriation pivot on the effect of the property limitation, which is unable to properly distinguish between these two forms of limitation in all instances. Finally, Moseneke DCJ's ruling seems to afford an election to litigants who are affected by materially defective expropriations to choose whether to accept the expropriation and claim compensation or to have it reviewed and set aside under PAJA. This election, if it indeed exists, subverts the principles of expropriation law

Microscopic molecular dynamics characterization of the second-order non-Navier-Fourier constitutive laws in the Poiseuille gas flow

Energy Technology Data Exchange (ETDEWEB)

Rana, A.; Ravichandran, R. [School of Mechanical and Aerospace Engineering, Gyeongsang National University, Jinju, Gyeongnam 52828 (Korea, Republic of); Park, J. H.; Myong, R. S., E-mail: myong@gnu.ac.kr [School of Mechanical and Aerospace Engineering, Gyeongsang National University, Jinju, Gyeongnam 52828 (Korea, Republic of); Research Center for Aircraft Parts Technology, Gyeongsang National University, Jinju, Gyeongnam 52828 (Korea, Republic of)

2016-08-15

The second-order non-Navier-Fourier constitutive laws, expressed in a compact algebraic mathematical form, were validated for the force-driven Poiseuille gas flow by the deterministic atomic-level microscopic molecular dynamics (MD). Emphasis is placed on how completely different methods (a second-order continuum macroscopic theory based on the kinetic Boltzmann equation, the probabilistic mesoscopic direct simulation Monte Carlo, and, in particular, the deterministic microscopic MD) describe the non-classical physics, and whether the second-order non-Navier-Fourier constitutive laws derived from the continuum theory can be validated using MD solutions for the viscous stress and heat flux calculated directly from the molecular data using the statistical method. Peculiar behaviors (non-uniform tangent pressure profile and exotic instantaneous heat conduction from cold to hot [R. S. Myong, “A full analytical solution for the force-driven compressible Poiseuille gas flow based on a nonlinear coupled constitutive relation,” Phys. Fluids 23(1), 012002 (2011)]) were re-examined using atomic-level MD results. It was shown that all three results were in strong qualitative agreement with each other, implying that the second-order non-Navier-Fourier laws are indeed physically legitimate in the transition regime. Furthermore, it was shown that the non-Navier-Fourier constitutive laws are essential for describing non-zero normal stress and tangential heat flux, while the classical and non-classical laws remain similar for shear stress and normal heat flux.

Constitutional Law Fundamentals of the State Administration of the Social Sphere in the Republic of Kazakhstan

Science.gov (United States)

Khamzin, Amangeldy Sh.; Khamzina, Zhanna A.; Oryntayev, Zhambyl K.; Alshurazova, Raushan A.; Sherimkulova, Gulbanu D.; Yermukhametova, Saulegul R.

2016-01-01

The study deals with a comprehensive analysis of constitutional fundamentals of state administration of the social sphere in the Republic of Kazakhstan. The content of the constitutional law social sphere institution is unfolded by means of the inter-sectoral analysis of legal regulations of which it consists and the inter-disciplinary study of…

National constitutional courts in the European Constitutional Democracy

DEFF Research Database (Denmark)

Komárek, Jan

2014-01-01

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

Numerical implementation of constitutive material law for simulating the kinkband formation in fiber composites

DEFF Research Database (Denmark)

Veluri, Badrinath; Jensen, Henrik Myhre

2011-01-01

constitutive equations for the constituent materials is adopted to model the non-linear behavior of the unidirectional layered materials. This material law is implemented as UMAT user subroutine in ABAQUS/Standard to study kinkband formation. The methodology provides a procedure to investigate the kinkband...

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...

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

Constitutional relevance of atomic energy law

International Nuclear Information System (INIS)

Lettow, S.

1980-01-01

In a decision publicized on December 20, 1979 the German Federal Constitutional Court rejected a claim of unconstitutionality in connection with the licensing procedure of the Muelheim-Kaerlich Nuclear Power Station currently under construction. This constitutes confirmation, by the 1st Department of the Court, of a decision in 1978 by the 2nd Department about the Kalkar fast breeder power plant, in which the peaceful utilization of nuclear energy had been found to be constitutional. However, the new decision by the Federal Constitutional Court particularly emphasizes the constitutional relevance of the rules of procedure under the Atomic Energy Act and their function with respect to the protection of civil rights. (orig.) [de

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.

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.

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...

Will the judgment in the Hague trial constitute a precedent in international law

Directory of Open Access Journals (Sweden)

Bojanić Petar

2006-01-01

Full Text Available On the great crime (mala in se; scelus infandum and sovereignty In this text we are attempting to think the International Criminal Tribunal for the former Yugoslavia together, and always with its necessary connection to the International Court of Justice and International Criminal Court. By paraphrasing the title of another work, the long forgotten Hans Kelsen text from 1947 (today usually used by detractors of the Tribunal "Will the Judgment in the Nuremberg Trial constitute a Precedent in International Law?", I wish to distinguish between the two Tribunals (as well as The Treaty of Versaille,and in so doing treat international law as legislative history or judicial precedents (and their recognition.

The constitutive laws of one-dimensional, two-fluid models for two-phase flows - Possible mathematical forms - Restrictions resulting from basic principles

International Nuclear Information System (INIS)

Boure, Jean.

1978-05-01

From both the theoretical and the practical points of view, the problem of constitutive laws is a part and parcel of the modeling problem. In particular, the necessity to restore in the model, through topological laws, some of the information lost during the usual averaging process is emphasized. It is shown that the customary 'void fraction' topological law Psub(V)=Psub(L) should be proscribed whenever propagation phenomena are involved. A new void fraction topological law is proposed. The limitations of the current assumption of constant pressure within any phase in any cross section are also illustrated. The importance of proximity effects (neighborhood and history effects, related to characteristic lengths and times) is brought out. It results in the importance of the mathematical form of the constitutive laws. Various approaches to the constitutive law problem and possible mathematical forms for the transfer laws are reviewed. The simplest form (transfert terms as functions of the dependent variables only) may have some usefulness if interpretation of the results in terms of propagation phenomena is banned. A good compromise between the necessity to take proximity effects into account and to obtain a tractable set of equations is carried out when so called 'differential terms' are introduced in the transfer laws. The last part of the paper is devoted to some restrictions, which are imposed to the transfer terms because of some basic principles: indifference to Galilean changes of frame and to some changes of origins, second law of thermodynamics and assumption of local thermodynamic equilibrium, closure constraints. Practical recommendations are formulated [fr

Prediction of Process-Induced Distortions in L-Shaped Composite Profiles Using Path-Dependent Constitutive Law

Science.gov (United States)

Ding, Anxin; Li, Shuxin; Wang, Jihui; Ni, Aiqing; Sun, Liangliang; Chang, Lei

2016-10-01

In this paper, the corner spring-in angles of AS4/8552 L-shaped composite profiles with different thicknesses are predicted using path-dependent constitutive law with the consideration of material properties variation due to phase change during curing. The prediction accuracy mainly depends on the properties in the rubbery and glassy states obtained by homogenization method rather than experimental measurements. Both analytical and finite element (FE) homogenization methods are applied to predict the overall properties of AS4/8552 composite. The effect of fiber volume fraction on the properties is investigated for both rubbery and glassy states using both methods. And the predicted results are compared with experimental measurements for the glassy state. Good agreement is achieved between the predicted results and available experimental data, showing the reliability of the homogenization method. Furthermore, the corner spring-in angles of L-shaped composite profiles are measured experimentally and the reliability of path-dependent constitutive law is validated as well as the properties prediction by FE homogenization method.

The Civil Law Tradition and Constitutionalism in Twentieth Centruy Mexico. The Legacy of Emilio Rabasa

Directory of Open Access Journals (Sweden)

Charles A. Hale

1998-07-01

Full Text Available This article argues that it is neccessary to look to Mexico's "civil-law tradition", derived from Rome and continental Europe, in order to understand the problem of constitutionalism and judicial review in the country's public law. Two keys elements of that tradition are a depreciation of judges and a resistance to judge-made law, and the theoretical corollary that law emanates from the Legislator. The political and judicial thought of Emilio Rabasa provides an intriguing insight into these issues. Rabasa advocated a powerful supreme court on the North American pattern and yet resisted the "legislación de los jueces" that he oberved in practice while in exile in the United States from 1913 to 1920. The article argues further that despite Rabasa's ambivalence toward the Northe American legal model, the ssence of his juridical thought was critically  historical and comparative, a characteristic which declined in post-revolutionary Mexico, resulting in a divergence between law and history.

Hegemons and their law in the time of the Polish communism. An attempt at a constitutional, legal and philosophical analysis

Directory of Open Access Journals (Sweden)

Dawid Bunikowski

2010-12-01

Full Text Available The author, developing his theory of hegemony, interprets legal and real actions taken by the Secretaries of the Polish United Workers’ Party: Bierut, Gomułka, Gierek, General Jaruzelski, and by the Party itself. According to the constitutional and legal analysis, the Polish communist Secretaries did not often obey the law which was valid at the time. There are many examples of such actions: from illegal judicial processes „on demand of the authority”, through criminal sanctions as well as civic and real restrictions for members of the political opposition, to unofficial officials’ appointments or political directives/unofficial law of the Party, and marginalization of the due constitutional powers. The most controversial case of the realization of the hegemony law by the Party seems to be the enforcement of the martial law by General Jaruzelski in December 1981.

A Physics-Based Rock Friction Constitutive Law: Steady State Friction

Science.gov (United States)

Aharonov, Einat; Scholz, Christopher H.

2018-02-01

Experiments measuring friction over a wide range of sliding velocities find that the value of the friction coefficient varies widely: friction is high and behaves according to the rate and state constitutive law during slow sliding, yet markedly weakens as the sliding velocity approaches seismic slip speeds. We introduce a physics-based theory to explain this behavior. Using conventional microphysics of creep, we calculate the velocity and temperature dependence of contact stresses during sliding, including the thermal effects of shear heating. Contacts are assumed to reach a coupled thermal and mechanical steady state, and friction is calculated for steady sliding. Results from theory provide good quantitative agreement with reported experimental results for quartz and granite friction over 11 orders of magnitude in velocity. The new model elucidates the physics of friction and predicts the connection between friction laws to independently determined material parameters. It predicts four frictional regimes as function of slip rate: at slow velocity friction is either velocity strengthening or weakening, depending on material parameters, and follows the rate and state friction law. Differences between surface and volume activation energies are the main control on velocity dependence. At intermediate velocity, for some material parameters, a distinct velocity strengthening regime emerges. At fast sliding, shear heating produces thermal softening of friction. At the fastest sliding, melting causes further weakening. This theory, with its four frictional regimes, fits well previously published experimental results under low temperature and normal stress.

On the constitutive laws of 1-D, two-fluid, two-phase flow models: possible mathematical forms, restrictions resulting from basic principles

International Nuclear Information System (INIS)

Boure, J.A.

1981-01-01

From both the theoretical and the practical points of view, the problem of constitutive laws is part and parcel of the modeling problem. In particular, the necessity to restore in the model, through topological laws, some of the information lost during the usual averaging process is emphasized. A new void fraction topological law is proposed. The limitations of the current assumption of uniform pressure within each phase in any cross section are also illustrated. The importance of proximity effects (neighborhood and history effects, related to characteristic lengths and times) is brought out. It results in the importance of the mathematical form of the constitutive laws. Possible mathematical forms for the transfer laws are reviewed. The last part of the paper is devoted to some restrictions, which are imposed on the transfer terms because of some basic principles: Indifference to Galilean changes of frame and to some changes of origins, second law of thermodynamics and hypothesis of local thermodynamic equilibrium, closure constraints. Practical recommendations are formulated

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.

A survey on constitutional justice

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Kheirollah Parvin

2015-05-01

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

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...

On the constitutive law of environment assisted fatigue: The physical meaning of the Paris type equations. Pt. 2

International Nuclear Information System (INIS)

Krausz, A.S.; Wu Xijia; Krausz, K.; Lian Zhiwen

1992-01-01

The physically based constitutive law of corrosion fatigue, derived in Part I from the principles of thermally activated processes and fracture kinetics, is applied for the representation of the crack growth rate over the whole stress intensity range. The behavior is expressed in terms of design and environmental factors and microstructural quantities. The constitutive law of fracture kinetics defines explicitly the effects of stress and temperature. Similarly, the role of the stress ratio R, the frequency and microstructure, follow rigorously. The influence of these factors on the crack growth rate and threshold behavior is discussed extensively. It is also demonstrated that fracture kinetics provides the framework for the detailed incorporation of corrosion chemical reaction and the associated diffusion processes. (orig.) [de

Exponential-time constitutive law for Palo Duro Unit 4 Salt from the J. Friemel No. 1 Well

International Nuclear Information System (INIS)

Senseny, P.E.; Pfeifle, T.W.; Mellegard, K.D.

1986-07-01

Values for the nine parameters in the exponential-time constitutive law are presented for Palo Duro Unit 4 salt. The values given for the thermal expansion and two elastic parameters are taken from previous laboratory studies. The six remaining constitutive parameters are evaluated by analyzing data from 12 triaxial compression creep tests. The specimens tested in this study are from the J. Friemel No. 1 well in Deaf County, Texas. 15 refs., 15 figs., 4 tabs

Reaffirming Diversity: A Legal Analysis of the University of Michigan Affirmative Action Cases. A Joint Statement of Constitutional Law Scholars.

Science.gov (United States)

Harvard Civil Rights Project, Cambridge, MA.

On June 23, 2003, the United States Supreme Court upheld the constitutionality of race-conscious admissions policies designed to promote diversity in higher education. The Grutter versus Bollinger decision upheld the University of Michigan Law School race-conscious admissions policy as constitutional. However, in Gratz versus Bollinger, it held…

Legislative duty of care in the context of the energy turnaround. Constitutional issues of the 13th amendment to the Nuclear Energy Law

International Nuclear Information System (INIS)

Degenhart, Christoph

2013-01-01

The present publication shows how the Thirteenth Law Amending the Nuclear Energy Law, whose enactment on 31 July 2011 (Federal Law Gazette I p. 1704), during the aftermath of the events of Fukushima, by accelerating the phaseout of nuclear energy, has given rise to a number of constitutional issues in regard to the manner in which it came about as well as to its content. The law is founded essentially on an observation made by the Ethics Commission called in by the Federal Chancellor that not the risk itself had changed but rather its perception. The present study, which is based on a legal opinion commissioned by E.ON AG, investigates whether this observation can legitimately serve as the foundation of such a momentous legislative decision and whether the legislature, in establishing the relevant facts of the case, acted within the bounds of its lawful capacity to make assessments and forecasts and hence in accord with its constitutional duties. It is dedicated to exploring whether the legislature made proper use of its discretionary powers, whether the law, with all its follow-on effects, does justice to the proportionality principle, and whether due consideration was given in its enactment to the constitutional requirement to weigh the arguments of a case against each other.

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

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Gina Marietta OLCESE SCHENONE

2015-07-01

Full Text Available 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 aspirations of Catalonia. 

Marriage with an Adopted Child from the Iranian Constitutional Law Perspective

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ماهرو غدیری

2017-09-01

Full Text Available Recently Iran passed a law titled “Protection of Children without Guardian or with an Improper Guardian” that provides in part: "... marriage between a guardian and an adopted child is prohibited both during and after custody, unless a competent court, after obtaining the advisory opinion from the (state welfare organization, affirms that it is in the interest of the adopted child." It was claimed that in the absence of a prohibition under Sharia law and silence of the legislation in force, there exist some cases of marriage with an adopted child. Hence, with this regulation a competent court may allow such marriages based on the interest of the adopted child and in this way, at least the child will be protected against possible harms. This claim raises the question that given articles 10, 20 and 21 of the Constitution, to what extent can such a provision protect the sanctity and solidarity of familial relations based on Islamic law and ethics, woman's rights, protecting children without guardians, and equal legal protection for all, including men and women? This paper addresses this question by analyzing the consequences of such a provision, and ultimately suggests that, in order to prevent the immorality of relations within families and the collapse of the family, and to ensure the protection of the child from harms and protect the rights of women, repealing this provision must be placed on the agenda of the Legislature as soon as possible.

The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

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Vinesh Basdeo

2014-08-01

Full Text Available The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals. The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications?

The accelerated phase-out from the peaceful use of nuclear energy. An evaluation of the nuclear moratorium with respect to the atomic law, the constitutional law, European law and the 13th atomic law amendment

International Nuclear Information System (INIS)

Schloemer, Jan

2013-01-01

The report covers the following topics related to the legal situation as consequence of the nuclear moratorium in Germany: description of the topics, legal consideration of the moratorium analysis of the hazard definition, consequences of the nuclear phase-out in terms of the constitutional law, European constraints and possibilities following the nuclear phase-out.

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)

The institute of head of the state in the mechanism of strengthening state unity and the rule of law (theoretical-historical and constitutional-legal interpretation

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Andrey V. Bezrukov

2018-01-01

Full Text Available The subject. The article investigates historical legal, theoretical-methodological and constitutional-legal problems of the formation and functioning of the institute of the head of state.The purpose of the study is to show how the constitutional functions of the head of state concretize his powers.The study is based on the use of methods of analysis and synthesis, historical legal, formal legal, comparative legal methods, scientific abstraction.The main scientific results. The authors summarize that the historical and legal analysis shows the key role of the head of state in the mechanism of ensuring state unity and law and order. Reality testifies the fact that the role of the President of the Russian Federation creates sufficient constitutional and legal grounds and conditions for the consolidated work of all state authorities, including law enforcement agencies, in the direction of ensuring the unity of state power and constitutional law and order. The indicated directions are in many ways identical, organically interrelated and interdependent, systematically define the main lines of activity of the head of state, contributing to the improvement of the constitutional and legal mechanism for ensuring the rule of law in general. Firstly, the Constitution of the Russian Federation contains only the basic powers of the President of the Russian Federation, which are substantially expanded by the legislator and presidential decrees. Secondly, the President has so-called “hidden”, discretionary powers that are not directly enshrined in the Constitution of the Russian Federation, implicit in it and stem from the sense of presidential functions that manifest themselves in unforeseen extraordinary circumstances. Thus, the constitutional design of a strong presidential power allows the President of the Russian Federation to ensure the unity of the executive power and the exercise of the powers of the federal government throughout the territory of

Influence of the Constitutive Flow Law in FEM Simulation of the Radial Forging Process

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Olivier Pantalé

2013-01-01

Full Text Available Radial forging is a widely used forming process for manufacturing hollow products in transport industry. As the deformation of the workpiece, during the process, is a consequence of a large number of high-speed strokes, the Johnson-Cook constitutive law (taking into account the strain rate seems to be well adapted for representing the material behavior even if the process is performed under cold conditions. But numerous contributions concerning radial forging analysis, in the literature, are based on a simple elastic-plastic formulation. As far as we know, this assumption has yet not been validated for the radial forging process. Because of the importance of the flow law in the effectiveness of the model, our purpose in this paper is to analyze the influence of the use of an elastic-viscoplastic formulation instead of an elastic-plastic one for modeling the cold radial forging process. In this paper we have selected two different laws for the simulations: the Johnson-Cook and the Ludwik ones, and we have compared the results in terms of forging force, product's thickness, strains, stresses, and CPU time. For the presented study we use an AISI 4140 steel, and we denote a fairly good agreement between the results obtained using both laws.

Conflicts by Convergence and Deep Disagreements in European Constitutional Law

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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.

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

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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.

Constitutive law for thermally-activated plasticity of recrystallized tungsten

Science.gov (United States)

Zinovev, Aleksandr; Terentyev, Dmitry; Dubinko, Andrii; Delannay, Laurent

2017-12-01

A physically-based constitutive law relevant for ITER-specification tungsten grade in as-recrystallized state is proposed. The material demonstrates stages III and IV of the plastic deformation, in which hardening rate does not drop to zero with the increase of applied stress. Despite the classical Kocks-Mecking model, valid at stage III, the strain hardening asymptotically decreases resembling a hyperbolic function. The material parameters are fitted by relying on tensile test data and by requiring that the strain and stress at the onset of diffuse necking (uniform elongation and ultimate tensile strength correspondingly) as well as the yield stress be reproduced. The model is then validated in the temperature range 300-600 °C with the help of finite element analysis of tensile tests which confirms the reproducibility of the experimental engineering curves up to the onset of diffuse necking, beyond which the development of ductile damage accelerates the material failure. This temperature range represents the low temperature application window for tungsten as divertor material in fusion reactor ITER.

Constitutive equations for two-phase flows

International Nuclear Information System (INIS)

Boure, J.A.

1974-12-01

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

Constitutional judges (guarantee of the Constitution and responsibility

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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.

A three dimensional elastoplastic cyclic constitutive law with a semi discrete variable and a ratchetting stress

International Nuclear Information System (INIS)

Geyer, P.; Proix, J.M.; Jayet-Gendrot, S.; Schoenberger, P.; Taheri, S.

1995-01-01

The study of cyclic elastoplastic constitutive law is, at the moment, focused on non proportional loadings, but for uniaxial loadings some problems remain, as for example the ability for a law to describe simultaneously ratcheting (constant increment of strain) in non symmetrical ones. We propose a law with a discrete memory variable, the plastic strain at the last unloading, and a ratchetting stress which, in addition to previous phenomena, describes the other hand the choice of all macroscopic variables is justified by a microscopic analysis. The extension to 3D situations of this law is proposed. The discrete nature of the memory leads to discontinuity problems for some loading paths, a modification is then proposed which uses a differential evolution law. For large enough uniaxial cycles, the uniaxial law is nevertheless recovered. An incremental form of he implicit evolution problem is given, and we describe the implementation of this model in the Code Aster a thermomechanical structural software using the f.e.m. developed at Electricite de France. For a 316 stainless steel we present comparisons between experiments and numerical results in uniaxial and biaxial ratchetting and non proportional strain controlled test (circular, square, stair loading). (authors). 13 refs., 10 figs

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.

A cyclic constitutive law for metals with a semi-discrete memory variable for description of ratcheting phenomena

International Nuclear Information System (INIS)

Andrieux, S.; Schoenberger, P.; Taheri, S.

1993-01-01

The study of cyclic elastoplastic constitutive laws is, at the moment, focused on non proportional loadings, but for uniaxial loadings some problems remain, as for example the ability for a law to describe simultaneously ratcheting in non symmetrical load-controlled test, elastic and plastic shakedown in symmetrical and non symmetrical ones. We have proposed in a law with a discrete memory variable which, in addition to previous phenomena, describes the cyclic hardening in a pushpull test, and the cyclic softening after overloading. A modified law has been proposed to take into account the dependence of cyclic strain stress curve on the history of loading. The extension to 3D situations of this law is proposed. The discrete nature of the memory leads to discontinuity problems for some loading paths, a modification is then proposed which uses a differential evolution law. For large enough uniaxial cycles, the uniaxial law is nevertheless recovered. In this paper, an incremental form of the implicit evolution problem is given, and we describe the implementation of this model in the Code Aster - a thermomechanical structural software using the finite element method (f.e.m) developed at Electricite de France. Comparison between experiment and numerical results is given for uniaxial ratcheting, non proportional strain controlled test

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

Analysis tool public bidding the light of constitutional principles of cf / 88: a debate on the laws 8666 / 1993 and 12,462 / 2011

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Cícero Júnior Siqueira dos Santos

2016-04-01

Full Text Available The present work aims at to promote a debate between the General Law of Administrative Contracts and Tenders (Law 8.666/93 and the Law Differentiated Scheme Public Contracting (Law 12.462/2011 Act regarding the observance of the Constitutional Principles of Public Administration in elaboration phase public bidding and execution of these instruments. This required from an initial study on Public Management which had as background rag and the Principles Bidding with emphasis on rol of the Chapeau of article 37 the Federal Constitution of 1988. Bidding procedures retro mentioned laws were also compared. The statement of reasons was made by literature search. As a result of the investigation, it was found that although there is a formal compliance with principled norm with regard respect the principles of public administration in both competitions governed by laws, not an application in hand and visible interest of the Public Power of the DRC in cases of greater relevance and urgency, which deconstructs the reason for this exceptional regime and calls into question the substantive norm of access to potential beneficiaries with full compliance.

Change of position of constitutional judiciary

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Orlović Slobodan P.

2013-01-01

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

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...

THE JUDGE'S PROBATIVE INITIATIVE: CONTRASTS AND LIMITATIONS FROM THE LEGAL-CONSTITUTIONAL PARADIGM OF LAWFUL DEMOCRATIC STATE

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Igor Alves Noberto Soares

2016-12-01

Full Text Available This article will reflect on the production of proof by the judge, in the context of Criminal Procedure, according to the rules presents in the brazilian legal system. Therefore, the critcial incursions will take into account the technical constructions expressed from the legal and constitutional paradigm of Lawful Democratic State, in order to counter the currently permissive system that confers, to judging agent, the probative initiative.

Phaseout of nuclear energy in 2011. The 13th amendment to the Atomic Energy Law from the viewpoint of German constitutional law; Kernenergieausstieg 2011. Die 13. AtG-Novelle aus verfassungsrechtlicher Sicht

Energy Technology Data Exchange (ETDEWEB)

Di Fabio, Udo; Durner, Wolfgang; Wagner, Gerhard

2013-07-01

The present study analyses the framework provided by German constitutional law in regard to the nuclear energy phaseout in 2011, proceeding in three steps. The contribution by Udo di Fabio is dedicated to the question whether this decision, as well as the manner of its implementation, are in accord with the guarantee of ownership provided by Art. 14 of the German Basic Law (GG). Wolfgang Durner discusses implications of the principle of equality as set out in Art. 3 Section 1 GG in the field of nuclear law. The article by Gerhard Wagner departs from the premise that the restrictions on the use of nuclear power plants should not have been imposed without granting the operators due compensation. These findings are used a basis for determining the implications of fundamental rights for a compensation regime that is in accord with the German constitution. All three contributions originate from a legal expertise that was prepared by the three authors on behalf of the RWE stock company.

AVOIDING MAZIBUKO: WATER SECURITY AND CONSTITUTIONAL RIGHTS IN SOUTHERN AFRICAN CASE LAW

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Ed Couzens

2015-11-01

Full Text Available The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The Constitutional Court ruled that the right of access to sufficient water does not require that the state provide every person upon demand and without more with sufficient water. Nor does the obligation confer on any person a right to claim "sufficient water" from the state immediately. Reactions to the judgment have been consistently negative, with criticisms largely focusing on the Court's apparent lack of appreciation for the situation of the very poor. It is not easy, however, to overturn a decision of the Constitutional Court and South Africa will need to work within the constraints of the precedent for many years to come. It is suggested in this article that two subsequent, recent judgments (one of the Supreme Court of Appeal in South Africa, City of Cape Town v Strümpher, 2012, and one of the High Court in Zimbabwe, Mushoriwa v City of Harare, 2014 show how it might be possible for courts to avoid the Mazibuko precedent and yet give special attention to water-related rights. Both cases concerned spoliation applications in common law, but both were decided as though access to water supply and water-related rights allow a court to give weight to factors other than the traditional grounds for a spoliation order. It can be argued that in both cases the unlawfulness necessary for a spoliation order arose from a combination of dispossession and breach of rights in respect of a very particular and special kind of property. In the arid and potentially water-stressed Southern African region, and in the context of extreme and apparently increasing poverty, there will undoubtedly be more court cases to come involving access to water. Conclusions are drawn as to how the two judgments considered might offer a way to ameliorate the harsh

The Application of Section 8(3) of the Constitution in the ...

African Journals Online (AJOL)

The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was undertaken out of genuine respect for customary law or merely forgotten in section 8(3) of the Constitution.

A Comparison of Curing Process-Induced Residual Stresses and Cure Shrinkage in Micro-Scale Composite Structures with Different Constitutive Laws

Science.gov (United States)

Li, Dongna; Li, Xudong; Dai, Jianfeng; Xi, Shangbin

2018-02-01

In this paper, three kinds of constitutive laws, elastic, "cure hardening instantaneously linear elastic (CHILE)" and viscoelastic law, are used to predict curing process-induced residual stress for the thermoset polymer composites. A multi-physics coupling finite element analysis (FEA) model implementing the proposed three approaches is established in COMSOL Multiphysics-Version 4.3b. The evolution of thermo-physical properties with temperature and degree of cure (DOC), which improved the accuracy of numerical simulations, and cure shrinkage are taken into account for the three models. Subsequently, these three proposed constitutive models are implemented respectively in a 3D micro-scale composite laminate structure. Compared the differences between these three numerical results, it indicates that big error in residual stress and cure shrinkage generates by elastic model, but the results calculated by the modified CHILE model are in excellent agreement with those estimated by the viscoelastic model.

Atypical Rulings of the Indonesian Constitutional Court

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Bisariyadi

2016-08-01

Full Text Available In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011. Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (unconstitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court.

Same-Sex Marriages (or Civil Unions/Registered Partnerships in Slovak Constitutional Law: Challenges and possibilities

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Marián Sekerák

2017-01-01

Full Text Available In February 2015, Slovakia held a referendum ʻfor the protection of the traditional family.ʼ It was indirectly aimed against the potential legalization of same-sex marriages or civil unions. Owing to the initiative of the Slovak President, the Constitutional Court of the Slovak Republic (CCSR reviewed four proposed referendum questions, while one of them was later declared unconstitutional. I attempt to point out the flaws in the CCSR’s judgment while looking for an argumentation in favour of the recognition of same-sex marriages/civil unions. I argue that Slovak constitutional law provides several principles for such recognition, which include: civic equality, similarity, equal access, democratic state, and the right to privacy. These principles are compared with the recent ground-breaking judgments of the US Supreme Court and the European Court of Human Rights. Finally, I briefly scrutinise the objection that recognising a right for same-sex unions means excessive judicial activism and judicializes politics.

Urgency of Attorney Governed by the Constitution

Directory of Open Access Journals (Sweden)

Rommy Patra

2015-12-01

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

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.

Length of proceedings as standard of due process of law in the practise of the Constitutional Court of Albania

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Elsa Toska Dobjani

2016-01-01

Full Text Available ECHR, as an international treaty is part of the Albanian legal system. Among international law instruments, the ECHR enjoys a privileged status in the Albanian legal system by virtue of Article 17 paragraph 2 of the Constitution according to which restrictions to human rights and freedoms cannot infringe the substance of those rights and freedoms and in no case can exceed the restrictions provided for in the ECHR. Article 1 of the Convention requires States to secure the substance of the rights to those in their jurisdiction. The effect of Article 13 is thus to require the provision of a domestic remedy to deal with the substance of an arguable complaint under the Convention and to grant appropriate relief. The scope of this paper is to analyse the effectiveness of the complaint to the Constitutional Court with regard to length of proceedings as part of due process of law in terms of proceedings during the court trial and after the process has been finalized and the final decision should be executed.

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

OpenAIRE

Apostolache, Mihai

2015-01-01

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

Identification of a constitutive law for trabecular bone samples under remodeling in the framework of irreversible thermodynamics

Science.gov (United States)

Louna, Zineeddine; Goda, Ibrahim; Ganghoffer, Jean-François

2018-01-01

We construct in the present paper constitutive models for bone remodeling based on micromechanical analyses at the scale of a representative unit cell (RUC) including a porous trabecular microstructure. The time evolution of the microstructure is simulated as a surface remodeling process by relating the surface growth remodeling velocity to a surface driving force incorporating a (surface) Eshelby tensor. Adopting the framework of irreversible thermodynamics, a 2D constitutive model based on the setting up of the free energy density and a dissipation potential is identified from FE simulations performed over a unit cell representative of the trabecular architecture obtained from real bone microstructures. The static and evolutive effective properties of bone at the scale of the RUC are obtained by combining a methodology for the evaluation of the average kinematic and static variables over a prototype unit cell and numerical simulations with controlled imposed first gradient rates. The formulated effective growth constitutive law at the scale of the homogenized set of trabeculae within the RUC is of viscoplastic type and relates the average growth strain rate to the homogenized stress tensor. The postulated model includes a power law function of an effective stress chosen to depend on the first and second stress invariants. The model coefficients are calibrated from a set of virtual testing performed over the RUC subjected to a sequence of loadings. Numerical simulations show that overall bone growth does not show any growth kinematic hardening. The obtained results quantify the strength and importance of different types of external loads (uniaxial tension, simple shear, and biaxial loading) on the overall remodeling process and the development of elastic deformations within the RUC.

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

The Accidental Federal Agency: On the Dismantle of Constitutional Dispositions Concerning Brazilian Higher Educational System by Administrative Law and its Effects on the Federal Universities

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Davi Monteiro Diniz

2015-12-01

Full Text Available The  Brazilian  Federal  Constitution  of  1988  establishes  the  autonomy  of  Brazilian universities. Moreover, it commands that the universities should not disassociate their activities in teaching, research and extension. This paper considers whether the current administrative law allows the Brazilian public federal universities to accomplish these goals. Departing from the legal approach of these federal universities as executive (administrative agencies, this paper analyzes the main effects of such legal status on the capacity of federal universities  to  fulfill  their  academic  mission,  revealing  a  persistent  gap  between  the constitutional  prescriptions  and  the  administrative  law  concerning  Brazilian  federal universities. It concludes that such legislative discrepancy is clearly detrimental to the constitutional order.

How do the Constitutional Courts decide?

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Pasquale Pasquino

2016-12-01

Full Text Available The purpose of this article is to explore the mode of production of judicial sentences drafted by constitutional courts in Europe. The natural object of study of the constitutional theory is the analysis of this final product of judicial creation of Law by Constitutional Courts. However, the doctrine has not given sufficient attention –from a comparative law perspective– to the mechanisms and procedures that lead to the decisions of these institutions. Thus, this document will classify the different types of decision-making processes in the courts, analyzing the stages that make up the «mode of production», from the study of the decisions of the Supreme Court of the United States, the Constitutional Council of the French Republic, The Constitutional Court of Italy and the Federal Constitutional Court of Germany. At the end of the paper, some conclusions are made about the period of the magistrates, their party affiliation, the temporary restrictions of deliberation and institutional factors such as the number of attendees or the personalization of its members.

A study on creep-fatigue life analysis using a unified constitutive equation and a continuous damage law

International Nuclear Information System (INIS)

Hiroe, Tetsuyuki; Igari, Toshihide; Nakajima, Keiichi

1986-01-01

A newly developed type of life analysis is introduced using a unified constitutive equation and a continuous damage law on 2 1/4Cr - 1Mo steel at 600 deg C. the viscoplasticity theory based on total strain and overstress used for the rate effect at room temperature is extended for application to the inelastic analysis at elevated temperature, and the extended uniaxial model is shown to reproduce the inelastic stress and strain behavior with a strain rate change observed in the experiment. The incremental life prediction law is employed and its coupling with the viscoplasticity model produces both an inelastic stress-strain response and the damage accumulation, simultaneously and continuously. The life prediction for creep, fatigue and creep-fatigue loading shows good correspondence with the experimental data. (author)

Separation of powers and constitutional loyalty

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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.

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

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Alexandra OANŢĂ (NACU

2016-10-01

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

Development of a Constitutive Friction Law based on the Frictional Interaction of Rough Surfaces

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F. Beyer

2015-12-01

Full Text Available Friction has a considerable impact in metal forming. This is in particular true for sheet-bulk metal-forming (SBMF in which local highly varying contact loads occur. A constitutive friction law suited to the needs of SBMF is necessary, if numerical investigations in SBMF are performed. The identification of the friction due to adhesion and ploughing is carried out with an elasto-plastic half-space model. The normal contact is verified for a broad range of normal loads. In addition, the model is used for the characterization of the occurring shear stress. Ploughing is determined by the work which is necessary to plastically deform the surface asperities of the new area that gets into contact during sliding. Furthermore, the surface patches of common half-space models are aligned orthogonally to the direction in which the surfaces approach when normal contact occurs. For a better reflection of the original surfaces, the element patches become inclined. This leads to a geometric share of lateral forces which also contribute to friction. Based on these effects, a friction law is derived which is able to predict the contact conditions especially for SBMF.

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

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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?

Ivor Jennings's Constitutional Legacy beyond the Occidental-Oriental Divide

OpenAIRE

Malagodi, M.

2015-01-01

Sir W. Ivor Jennings (1903–1965) was one of Britain's most prominent constitutional law scholars of the twentieth century. He is mostly famed for his work in the 1930s on English Public Law. In 1941, Jennings, however, moved to Sri Lanka, progressively becoming involved in both an academic and professional capacity with constitutional processes across the decolonizing world in the early stages of the Cold War. This article provides an alternative account of Jennings's constitutional legacy to...

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

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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.

The Delinquencies of Juvenile Law: A Natural Law Analysis

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Ellis Washington

2010-07-01

Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

Unconstitutional constitutional amendments in Ethiopia: the practice ...

African Journals Online (AJOL)

Haramaya Law Review ... The Constitution of the Federal Democratic Republic of Ethiopia (FDRE) under Article 104 and 105 sets ... that sets procedures to be observed in the process of constitutional amendments: both initiation and approval.

Is the German Federal Constitutional Court off course? Some thoughts on the control intensity of administrative case law

International Nuclear Information System (INIS)

Wuerkner, J.

1992-01-01

The article comes to the overall conclusion that the efforts of the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) to make the protection of basic rights more effective by largely restricting the discretionary powers of the administration, as justified as this may be from the point of view of general constitutional law, ultimately leads to legal uncertainties for both legal practitioners and persons seeking legal remedies. It is not only that court proceedings will be delayed by the increased necessity to consult outside experts, but also the practising administrative judges themselves will only slowly be able to adjust to the new situation. It remains to be seen whether the Federal Administrative Court (Bundesverwaltungsgericht) will be able to finally provide for the necessary clarity in the foreseeable future. (orig.) [de

RECEPTING THE PRINCIPLE OF SUPREMACY OF CONSTITUTION ON THE NEW PENAL CODE

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Marius ANDREESCU

2016-07-01

Full Text Available The supremacy of Constitution has as main consequence the compliance of entire law with the constitutional norms. Guaranteeing of the observance of this principle is essential for the rule of law, is primarily an attribute of the Constitutional Court, but also an obligation of the legislator to receive by texts adopted, within its content and form, the constitutional norms. Entering into force of the new criminal codes generated a significant jurisprudence of the Constitutional Court on the verification of constitutionality of some regulations in the Criminal Code and Criminal Procedure Code. Through this study we intend to analyze the following key issues: a how were the constitutional principles and values embodied in some criminal and criminal procedural norms of the new codes; b the effects of Constitutional Court decisions in the process of constitutionalizing of the criminal law; c applying into judicial activities of the Constitutional Court decisions, particularly those through which the new Criminal Code regulations were found unconstitutional.

Law n. 13.015/2014: Amendment of Labor Magazine Feature and Possible offenses to Constitutional Principles of Due Process Legal Access to Jurisdiction and Effectiveness

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Sérgio Henriques Zandona Freitas

2015-12-01

Full Text Available This scientific article aims to study the reforms undertaken by the Law 13.015/2014 under the proposed amendments to the labor resources of magazines, and a growing demand in the edition of overviews by the Regionals Labors Court. At first, the theoretical basis, we analyze the prospects of the constitutional process model within the framework leveraged as a democratic state. After, it enters to the principle concept of due process of law, the access Jurisdiction and Effectiveness, doing, in a third moment, a brief survey and survey as the main proposals of changes made by Law n. 13.015/2014, demonstrating the likelihood that some provisions of this standard or not contradict principles and constitutional guarantees. Trough the deductive method and the bibliographic research this article has been written from a large conception to a small one. And as technical proceeding were used the theme analysis as a way of looking for a solution for the problem.

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

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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

Environmental law

International Nuclear Information System (INIS)

Ketteler, G.; Kippels, K.

1988-01-01

In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

Stohastic Properties of Plasticity Based Constitutive Law for Concrete

DEFF Research Database (Denmark)

Frier, Christian; Sørensen, John Dalsgaard

1998-01-01

The purpose of this paper is to obtain a stochastic model for the parameters in a constitutive model for concrete based on associated plasticity theory and with emphasis placed on the pre-failure range. The constitutive model is based on a Drucker Prager yield surface augmented by a Rankine cut-o...

Stochastic Properties of Plasticity Based Constitutive Law for Concrete

DEFF Research Database (Denmark)

Frier, Christian; Sørensen, John Dalsgaard

The purpose of this paper is to obtain a stochastic model for the parameters in a constitutive model for concrete based on associated plasticity theory and with emphasis placed on the pre-failure range. The constitutive model is based on a Drucker Prager yield surface augmented by a Rankine cut-o...

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.

BORDERS OF COMMUNICATION PRIVACY IN SLOVENIAN CRIMINAL PROCEDURE – CONSTITUTIONAL CHALLENGES

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Sabina Zgaga

2015-01-01

Full Text Available Due to fast technological development and our constant communication protection of communication privacy in every aspect of our (legal life has become more important than ever before. Regarding protection of privacy in criminal procedure special emphasis should be given to the regulation of privacy in Slovenian Constitution and its interpretation in the case law of the Constitutional Court. This paper presents the definition of privacy and communication privacy in Slovenian constitutional law and exposes the main issues of communication privacy that have been discussed in the case law of the Constitutional Court in the last twenty years. Thereby the paper tries to show the general trend in the case law of Constitutional Court regarding the protection of communication privacy and to expose certain unsolved issues and unanswered challenges. Slovenian constitutional regulation of communication privacy is very protective, considering the broad definition of privacy and the strict conditions for encroachment of communication privacy. The case law of Slovenian Constitutional Court has also shown such trend, with the possible exception of the recent decision on a dynamic IP address. The importance of this decision is however significant, since it could be applicable to all forms of communication via internet, the prevailing form of communication nowadays. Certain challenges still lay ahead, such as the current proposal for the amendment of Criminal Procedure Act-M, which includes the use of IMSI catchers and numerous unanswered issues regarding data retention after the decisive annulment of its partial legal basis by the Constitutional Court.

The foundational tenets of Johannes Althusius' constitutionalism ...

African Journals Online (AJOL)

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... sovereignty, in contrast to undivided (statist) sovereignty and his views on public office provided the framework for constitutionalism and limited government which could arguably improve on that of contemporary statist constitutionalism.

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�

International Treaties Tax Law in Brazilian Law

Directory of Open Access Journals (Sweden)

Milena Zampieri Sellmann

2016-06-01

Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

Constitutional problems in the handling of plutonium

International Nuclear Information System (INIS)

Witt, S. de.

1989-01-01

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

The parameters of constitutional conflict after Melloni

NARCIS (Netherlands)

Besselink, L.F.M.

2014-01-01

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

National Assembly of Serbia and European Parliament: A constitutional-law comparison

Directory of Open Access Journals (Sweden)

Orlović Slobodan P.

2011-01-01

Full Text Available For better understanding of the two parallel processes - EU integration and the rapprochement of the Republic of Serbia to the Union, a comparison of National Assembly of Serbia and European Parliament could be used. There are two legislative bodies in matter, which despite some similarities have numerous differences. The key difference is that National Assembly is a 'full' legislative body, and European Parliament is a part of the Union's legislation, such as one of the Parliament's houses. Perhaps the most important cause of this difference is the fact that National Assembly is a power body of the State, and the European Parliament is an institution of a political and economic community which is not (yet a state. It is to be assumed that the constitutional-law differences between European Parliament and National Assembly, or the parliament of another state, will increasingly diminish if the processes of the transfer of states' sovereignty to the European Union continue. At the same time, the relation of the political power of the European Parliament and the national parliaments of the Union state members will change.

The leniency agreement: ananalysis of constitutional compatibility and legitimacy

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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.

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

African Journals Online (AJOL)

The introduction of this notion in South African law and its meaning in general is ... be it of a private or public law nature, can escape the test of constitutionality. ... to international authorities and definitions of these concepts are developed. ... The Constitutional Court has determined that, although no express provision to this ...

Urgensi Pengaturan Perkara Constitutional Complaint Dalam Kewenangan Mahkamah Konstitusi

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Rahmat Muhajir Nugroho

2016-02-01

Full Text Available This study aimed to evaluate the mechanism for settling disputes in the Constitutional Court containing elements of constitutional complaint. In particular, this study focused on two things: first assessing the urgency/ importance of the idea of setting constitutional complaint in the Constitutional Court's authority. Secondly, to formulate recommendations on setting constitutional complaint in the Constitutional Court's authority. The method used in this research is descriptive qualitative. This type of research is a doctrinal law. This research studied the concept and implementation of the judicial settlement of cases that contain elements of constitutional complaint (complaint constitution by the Constitutional Court. The conclusion of this study is an important constitutional complaint mechanism is contained within the competence of the Constitutional Court to solve problems of injustice experienced by citizens as a result of public policies undertaken by the government in a broad sense, namely the executive, legislature and judiciary. Setting constitutional complaint within the competence of the Constitutional Court does not have to be explicitly stipulated in the constitution, but enough in the explanation of the Constitutional Court Act. That is not to add direct authority of the Court, but expand the meaning of the authority of the Court in testing the law.

A constitutive law for dense granular flows.

Science.gov (United States)

Jop, Pierre; Forterre, Yoël; Pouliquen, Olivier

2006-06-08

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

Are there reliable constitutive laws for dynamic friction?

Science.gov (United States)

Woodhouse, Jim; Putelat, Thibaut; McKay, Andrew

2015-09-28

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

Is it possible to protect constitutional rights through simple procedural law

International Nuclear Information System (INIS)

Dolde, K.P.

1982-01-01

In the administration of justice and in legal literature of the Federal Republic of Germany increasingly more emphasis has been placed on the significance of procedural rights for the realization of basic civil rights, as they were defined in the constitution. Especially in the decision concerning the nuclear power plant at Muehlheim-Kaerlich, the Federal Constitutional Court has stressed the protection of constitutional rights by hearing the case in conjunction with the question of licensing of large industrial plants. Relevant to the protection of basic civil and constitutional rights are, according to the court, not only those regulations as prescribed by the constitution, but also those which, according to the will of the legislature, principally guarantee a constitutional right. The protection of basic rights is thus also guaranteed by civil rights, and not only through the constitution. In the opinion of the author, this will cause serious repercussions which should make corrections of this type of administration of justice necessary. (WBI) [de

constitutional adjudication in ethiopia

African Journals Online (AJOL)

eliasn

2000-01-25

Jan 25, 2000 ... Thus the seeds of what some authors call. “federal .... Pre-WWII Europe trusted its legislature and led to .... European and Civil Law Forum v. 11 ...... on the sovereignty of nationalities and the fact that language constitutes one.

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 ...

The challenges faced by the Constitutional Court of Lithuania during the global economic crisis

Directory of Open Access Journals (Sweden)

Birmontienė Toma

2015-01-01

Full Text Available The Constitutional Court of the Republic of Lithuania is forming a broad and distinctive doctrine on the possibility of limitation of social rights during an economic crisis. This doctrine is inter alia grounded upon the imperatives of a state under the rule of law, equality of rights, justice, proportionality, protection of legitimate expectations, social solidarity, the constitutional concept of the state budget and other constitutional imperatives. The Constitutional Court has also formulated certain general principles which must be followed when in a situation of an economic crisis the legislator may adopt decisions on reduction of social rights guarantees. This doctrine is also influenced by international law, inter alia the law of the European Convention on Human Rights. While considering the cases related to implementation of social rights, the Constitutional Court also takes account of the case-law of the constitutional courts of other states.

Essential Medicines in National Constitutions

Science.gov (United States)

Toebes, Brigit; Hogerzeil, Hans

2016-01-01

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

Environmental law

International Nuclear Information System (INIS)

Anon.

1980-01-01

This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

A Democratic Ideal? From Judicial Activism to Constitutionalization of Law

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Luisa Fernanda García López

2013-12-01

Full Text Available The constitutionalization of law in Colombia is due to an active participation of the judge, in particular, of the constitutional judge. The judicial precedent source of law is an example of the inclusion of the judge on the constitutional stage as guarantor of democracy and law. The democratic ideal irreversibly includes the constitutional judge and his interpretations. The overinterpretation of law answers to a broad interpretation of the Constitution and to a building of norms that contribute something to fill the gaps in the law. Thus eoconstitutionalism is constitutionalizing the juridical order.

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

Directory of Open Access Journals (Sweden)

Makbule Çeço

2014-07-01

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

Ultima Ratio as a Constitutional Principle

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Kaarlo Tuori

2013-01-01

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

Constitutional Law: Right of Privacy--Possession of Marijuana

Science.gov (United States)

Rohrer, David E.

1976-01-01

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

Constitutional compatibility of energy systems

International Nuclear Information System (INIS)

Rossnagel, A.

1983-01-01

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

Legislative duty of care in the context of the energy turnaround. Constitutional issues of the 13th amendment to the Nuclear Energy Law; Gesetzgeberische Sorgfaltspflichten bei der Energiewende. Verfassungsfragen der 13. AtG-Novelle

Energy Technology Data Exchange (ETDEWEB)

Degenhart, Christoph

2013-11-01

The present publication shows how the Thirteenth Law Amending the Nuclear Energy Law, whose enactment on 31 July 2011 (Federal Law Gazette I p. 1704), during the aftermath of the events of Fukushima, by accelerating the phaseout of nuclear energy, has given rise to a number of constitutional issues in regard to the manner in which it came about as well as to its content. The law is founded essentially on an observation made by the Ethics Commission called in by the Federal Chancellor that not the risk itself had changed but rather its perception. The present study, which is based on a legal opinion commissioned by E.ON AG, investigates whether this observation can legitimately serve as the foundation of such a momentous legislative decision and whether the legislature, in establishing the relevant facts of the case, acted within the bounds of its lawful capacity to make assessments and forecasts and hence in accord with its constitutional duties. It is dedicated to exploring whether the legislature made proper use of its discretionary powers, whether the law, with all its follow-on effects, does justice to the proportionality principle, and whether due consideration was given in its enactment to the constitutional requirement to weigh the arguments of a case against each other.

Outlines of environmental Law

International Nuclear Information System (INIS)

Salzwedel, J.

1982-01-01

In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de

A constitutive theory of reacting electrolyte mixtures

Science.gov (United States)

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

2013-11-01

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

The Constitutional Court in light of interpretive decisions in normative control proceedings

Directory of Open Access Journals (Sweden)

Stojanović Dragan

2016-01-01

Full Text Available In a legal system based on the principle of the separation of powers, constitutional judicature is necessarily (given the nature of its social function at the intersection of law and politics. Thus, constitutional judiciary is required to preserve political neutrality, particularly in relation to political (legislative and executive authorities. The paper analyzes the principal issues pertaining to constitutional court interpretation, particularly in light of observing the principle of the separation of powers that the constitutional judiciary is bound to abide by and considering the role of the constitutional court as an institution standing at the intersection of law and politics. Every constitutional court is required to be politically neutral and independent from daily politics, which is the major factor in delineating not only the overall boundaries of the constitutional control of the normative framework but also in ensuring the independent and unbiased activity of the constitutional court in the process of interpreting the Constitution and the laws. The constitutional control function shall not be politicized, and it must be exercised only through legal reasoning. Consequently, in the process of constitutional interpretation, the Constitutional Court of Serbia has to develop and consistently pursue a doctrine of self-restraint, thus refraining from politically-driven assessment which is the exclusive duty of political authorities. A closer examination of the doctrine of self-restraint in recent constitutional practice shows that the most prominent elements of this doctrine are relatively new interpretative constructions and legal formulations of constitutional court, which reinforce not only the political neutrality of the constitutional judiciary but also its role as 'the negative legislator'. Yet, some of these constructions may be challenged because their excessive and often inadequate application has resulted in a kind of 'self

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.

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.

Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1991-01-01

The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

The constitutional control system in Colombia

Directory of Open Access Journals (Sweden)

Luis Javier Moreno Ortiz

2010-12-01

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

Ownership unbundling in the electric power industry. Reconcilability with German constitutional law and with EU law relating to German vertically integrated utilities; Ownership unbundling in der Energiewirtschaft. Vereinbarkeit einer eigentumsrechtlichen Entflechtung in der Energiewirtschaft mit den Grundrechten des Grundgesetzes und des Gemeinschaftsrechts deutscher vertikal integrierter Energieversorgungsunternehmen

Energy Technology Data Exchange (ETDEWEB)

Wachovius, Martin

2008-07-01

The publication investigates legal problems relating to ownership unbundling of vertically integrated utilities according to new EU law, especially the draft directive of the EU Commission of 19 September 2007. After a definition of the term and its historical development, the problem of law giving competence of the EU is discussed. Another issue is the problem if a new structure of European and German energy law is compatible with the basic laws defined in EU law and German constitutional law, namely with the principle of guarantee of ownership, professional freedom, and general freedom of action.

The emerging international constitutional order: the implications of hierarchy in international law for the coherence and legitimacy of international decision-making

Directory of Open Access Journals (Sweden)

E de Wet

2007-11-01

Full Text Available The article examines the contours and implications of the emerging international constitutional order. The "constitutional" nature of this order relates to the fact that it contains certain fundamental substantive and structural norms that form a supreme legal framework for the exercise of public power. The substantive elements primarily include the value system of the international legal order, meaning norms of positive law with a strong ethical underpinning (notably human rights norms that have acquired a special hierarchical standing vis-à-vis other international norms through state practice. The structural elements refer to the subjects of the international legal order that collectively constitute the international community (polity, as well as the mechanisms for enforcement of the international value system. This vision of an international constitutional model is inspired by the intensification in the shift of public decision-making away from the nation state towards international actors of a regional (for example EU or functional (for example WTO, UN nature, and its eroding impact on the notion of a “total” constitutional order, where the fundamental substantive and structural norms that form the supreme legal framework for the exercise of public power are concentrated in the nation state. It is also inspired by the belief that such a supreme legal framework is only possible in a system where different national, regional and functional legal orders complement each other in order to form an international constitutional order.

Economics of Illegal Work and Illegal Workers (Immigrants: Are They Protected under South African Labour Law and the Constitution, 1996?

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Mashele Rapatsa

2015-12-01

Full Text Available This article analyses whether prostitution (illegal work and illegal immigrants have access to the protective ambits of statutory framework regulating employment relations. Its objective is to examine the scope of labour law, considerate of ever changing trends in the modern world of work. It utilizes the two notable precedents founded in Kylie v CCMA and Discovery Health v CCMA. This is considerate of inherent dynamics in contemporary labour relations where the majority of workers have been displaced into grey areas that offer little or no protection, thus rendering workers vulnerable to exploitation. The article highlights a rising tension arising out of exploitative labour practices and socio-economic factors, and the need for labour law to respond. It has been found that courts have creatively invented strategic methods that have successfully aided efforts of protecting vulnerable workers engaged in economic activities under precarious circumstances. This is to the extent that the Constitution, 1996 and the Labour Relations Act 66 of 1995 have been interpreted in a manner that enhances worker protection, which fulfils the purpose for which labour law was enacted.

Costituzione, diritto penale e politica criminale in Brasile tra convergenze e paradossi/Constitution, loi pénale et politiques en Brésil entre convergences et paradoxes/Constitution, criminal law and policies in Brazil between convergences and paradoxes

Directory of Open Access Journals (Sweden)

André Luis Callegari

2013-12-01

Full Text Available Questo articolo cerca di analizzare come la politica criminale brasiliana abbia assunto una posizione che legittima quelle teorie note come il “diritto penale del nemico” e quei movimenti come il “Law and Order”. Cercheremo di delineare i principi costituzionali che in Brasile hanno dato origine ad un’idea di politica criminale che dovrebbe invece condurre a politiche criminali garantiste in un senso più ampio. Nonostante la previsione costituzionale di diversi diritti del cittadino nell’ambito del diritto penale e processuale penale, si vedrà come le attuali politiche criminali si sono allontanate dagli ideali previsti dalla Costituzione. Alla fine, svilupperemo anche dei ragionamenti sulle possibili origini politiche di questo attuale modello di politica criminale brasiliano. Cet article s’attache à analyser comment les politiques pénales brésiliennes ont adopté une position qui légitime ces théories connues sous le nom de « la loi criminelle de l’ennemi » et ces mouvements appelés « de l’ordre et de la loi » (Law and Order. Les auteurs essayent de délinéer les principes constitutionnels brésiliens à la base des politiques criminelles qui devraient protéger les libertés civiles. Malgré des dispositions constitutionnelles garantissant les droits des citoyens dans le domaine du droit pénal et de la procédure pénale, les auteurs verront que les politiques criminelles actuelles sont en train de s’écarter des idéaux inscrits dans la Constitution. Enfin, les auteurs puiseront certains arguments à propos d’une origine politique possible de ce modèle actuel de politique criminelle au Brésil. This article seeks to analyse how the Brazilian criminal policy has assumed a position that legitimates those theories known as the “Enemy Criminal Law” and movements known as the “Law and Order”. We will try to delineate the constitutional principles in Brazil which originated the idea of criminal policy

Quasi-constitutional change without intent : A response to Richard Albert

NARCIS (Netherlands)

Passchier, Reijer

2017-01-01

Recently, Buffalo Law Review published Richard Albert’s article on “quasi-constitutional amendments.” These are, in Albert’s words, “sub-constitutional changes that do not possess the same legal status as a constitutional amendment, that are formally susceptible to statutory repeal or revision, but

Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1988-01-01

The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de

Recent publications on environmental law

International Nuclear Information System (INIS)

Lohse, S.

1989-01-01

The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de

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

International Nuclear Information System (INIS)

Gaerditz, Klaus Ferdinand

2016-01-01

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

Towards a European contract law

NARCIS (Netherlands)

Hondius, E.H.

2000-01-01

I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII.

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

The South African Constitutional Court Experience: Reasoning Patterns Based on Foreign Law

OpenAIRE

Andrea Lollini

2012-01-01

This article aims to analyse the phenomenon of the diffusion of interpretive paradigms or argumentation models between constitutional courts. This phenomenon involves the importation of parameters - defined here as extra-systemic to a specific legal system - and the use of the comparative method in applying constitutional texts.The main subject of this study is the analysis of the first 11 years of South African constitutional jurisprudence, which is a convenient scenario since a constitution...

Precatory X Effectiveness Of Jurisdictional Tutelage: An Analysis About Of The Posture Of The Public Treasury In The Light Of The Constitutional Procedural Law

Directory of Open Access Journals (Sweden)

Mariana Urano de Carvalho Caldas

2016-12-01

Full Text Available This article is about the judicial precatories and its relationship with the principle of effectiveness of the process, investigating the posture adopted by the State in face of monetary obligations. It developed bibliographical and documentary research, analyzing the concepts of Constitutional Procedural Law and access to justice. Subsequently, it was studied the procedural effectiveness, the precatories and the displayed behavior by the Public Administration. It is an exploratory research, concluding by the incompatibility between the procedural constitutional principles and the mode to act of the State, which conferring on executions against the Public Treasury a lengthy and uncertain character.

A 'Scottish Poor Law of Lunacy'? Poor Law, Lunacy Law and Scotland's parochial asylums.

Science.gov (United States)

Farquharson, Lauren

2017-03-01

Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.

LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

to health care services dovetails with the international law approach to assessing compliance with the ..... with extended opening hours) are well distributed across the city.40 Availability of .... often constitutes a de facto denial of access to care.

The constitutional examination of production sharing arrangements; O exame da constitucionalidade do regime de partilha de producao

Energy Technology Data Exchange (ETDEWEB)

Camera, Barbara Suely Guimaraes; Albuquerque, Joao Honorato de; Ramos, Maria Olivia de Souza [Universidade Salvador (UNIFACS), BA (Brazil)

2010-07-01

This article aims to verify, through the 1988 Brazilian Constitution's interpretation, if the institution of the system of sharing contracts for exploration and production of oil, natural gas and other hydrocarbon fluids to areas of the pre-salt, and the declared strategies Federal Government, are in accord with the constitutional pertinence to the matter. The concern with this theme emerges from the discussion about the possibility of an ordinary law creating the system of production sharing, as intend the Proposition No. 5938/2009, in progress at National Congress. This project, in its art. 5 states that 'The economic activities which art. 4 of this law shall be regulated and supervised by the Union and may be exercised through concession, permission or contract under production sharing arrangements, by companies incorporated under Brazilian law, with headquarters and administration in the country'.Thus, the proposition intends to change a constitutional provision regards the matter. Therefore, there is debate about the validity of the law reformer. There are arguments in the sense that it validates the creation of the sharing scheme through statutory law. Moreover, there is understanding that in the face of constitutional hierarchy is unconstitutional creation of the regime through legal ordinary text . Once defined the theme object of this research, there is evidence that it will be accomplished through the systematic interpretation of the Constitution, the analysis of doctrinal comprehensive bibliography, internet's articles, published monographs and case law of the Superior Court and Supreme Court's case law. This paper is organized in three stages and begins with the study of notions of the sources of law on the Constitutional System and the Constitution's chapter of the Economic Financial Order. Its analyzes the principles and rules relating subject to the above, then, is established brief analysis of the concept of forms of contract provided in the

Human Rights Arrangement on Indonesian Law

Directory of Open Access Journals (Sweden)

S. Masribut Sardol

2014-01-01

Full Text Available Article 1 paragraph (3 of the Constitution of 1945 (UUD 1945 stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J, have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011. How To Cite: Sardol, S. (2014. Human Rights Arrangement on Indonesian Law. Rechtsidee, 1(1, 85-100. doi:http://dx.doi.org/10.21070/jihr.v1i1.105

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...

National simple: Constitutionality Analysis of Exclusions Sectorial

Directory of Open Access Journals (Sweden)

Guilherme Adolfo dos Santos Mendes

2016-06-01

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

Considerations regarding the constitutional obligation determining the financing source for budgetary expenditures

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Florentina Camelia Stoica

2016-12-01

Full Text Available This study examines the relation between constitutionality and opportunity in order to adopt regulations in matters of economy and finance. The analysis concerns in particular the regulation process on budgetary expenditures, respectively the constitutional obligation to indicate the source of financing for these expenses. The legal and jurisprudential landmarks identified are likely to reveal the delicate issues of balancing the concurring interests, as well as the constitutionalisation tendency of certain obligations imposed by the law of public finances and, respectively, the Fiscal Responsibility Law in the sense of transforming them into “constitutional criteria” through the application of Article 138 (5 of the Constitution.

Fundamental Laws of the State: The Spanish Constitution.

Science.gov (United States)

Ministerio de Informacion y Turismo, Madrid (Spain).

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

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 ...

Federal Constitutional Court. Decision of July 8, 1982 (Wyhl)

International Nuclear Information System (INIS)

Anon.

1983-01-01

With the decision of July 8, 1982, the second senate of the Federal Constitutional Court judged the action on constitutional grounds, brought in by the municipality of Sassbach near Kaiserstuhl to achieve annulment of the construction permit for Wyhl nuclear power plant, to be inadmissible and also partly unfounded. This decision was taken unanimously. In its statement the Court explains basic ideas on the applicability of the Basic Law with regard to juristic persons within the purview of public law and activities on their part outside the scope of fulfilment of public tasks, as well as on the compatibility of material regulations of preclusion in administrative procedures with the Basic Law, especially with article 19, sub-section (4) of the Basic Law. The Court decided that a municipality is not in the position to claim the right of property as laid down in article 14, para. (1) no. 1 of the Basic Law, even if it becomes active outside the scope of fulfilment of public tasks. (CB) [de

Constitutional Block Effects of prescription of penal prosecution in Colombia

Directory of Open Access Journals (Sweden)

Luis Andrés Fajardo Arturo

2010-12-01

Full Text Available In Colombia, the articles 93, 94 and 214 of the Constitutional Charter create a bridge of implementation through the International Law of Human Rights and International Humanitarian Law are integrated into the Colombian law under the figure of the Constitutional Bloc . The main effect of this is to adapt the internal law to the international obligations of the State, and consequently, the evolution in the protection and guarantee of human rights domestically.However, the implementation process can generate complex problems that arise, for example, the contradictions between the rules of law which are based on legal principles rooted in the country and the bloc of of constitutionality’s rules. The case of prescription of prosecution in Colombia is a complex case, but international norms is evident in the existence of a rule on the applicability of prosecution of war crimes and crimes against humanity. This article is the conclusion of a balance of the principles found there.

Constitutional Adjudication in Colombia: Avant-Garde or Case law Transplant? A Literature Review

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Liliana Lizarazo-Rodríguez

2011-03-01

Full Text Available Colombia is mentioned, together with the US, Uruguay, Argentina and Mexico, as one of the first countries worldwide to adopt the judicial review as a means for adjudicating on the constitutionality of legislation. In recent years, and particularly since the enactment of the Political Constitution of 1991, the Colombian Constitutional Court is also mentioned as a notorious example of judicial activism in terms of legislating through the constitutional adjudication process. This article presents a literature review on the globalization of judicial review and the contemporary methods of constitutional adjudication (including the balancing method, in order to assess the uniqueness and avantgarde nature of constitutional adjudication in Colombia in the global context. Brief reference is also made to the literature on the institutional limitations faced by less developed countries, inasmuch as they affect the way constitutional adjudication is applied and perceived.

The right to protection of health: Modest achievements of the constitution of Serbia

OpenAIRE

Slavnić, Ljiljana

2013-01-01

This paper analyzes the Constitution of Republic of Serbia (2006) in order to determine: whether the guarantee of the right to protection of health is based on the values and principles of community law, that is, whether this constitutional right is in line with the key principles and objectives of EU legal documents, which are in this area of law very explicit. This paper considers whether the constitutional powers of the state provide efficient realization of the right to health; it analyze...

Law before Gratian: Law in Western Europe c. 500-1100

DEFF Research Database (Denmark)

This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

The right to work: transition from free dismissal to guaranteed constitutional right

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Alfredo Villavicencio Ríos

2013-12-01

Full Text Available After presenting the evolution of labor stability law in Peru, public and private scopes of the right to work are described allowing the Constitutional Court redefine dismissal regime (working stability of exit, in general, and specifying temporary recruitment regime (working stability of entry. Redefinition of dismissal legal framework is analyzed from constitutional and judicial case law stressing solved and pending issues.

Constitutive Modelling in Geomechanics Introduction

CERN Document Server

Puzrin, Alexander M

2012-01-01

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

Constitutionalization of environmental law

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Luis Huerta Guerrero

2013-12-01

Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

CONSTITUTIONAL INTERPRETATION OF ROMANIA: POST MODERNITY

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P. RATHNASWAMY

2017-06-01

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

State Authorities’ Powers to Determine the Budget Deficit and Public Debt in the Light of the Articles of the Constitution and the Law of the European Union

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Andrzej Borodo

2013-10-01

Full Text Available The issues of public debt and budget deficit are regulated by constitutions (e.g. of Poland, Germany, Spain as well as by the law of the European Union. The constitutional regulations concerning public debt and deficit are norms primarily directed at governments and parliaments. However, these regulations mainly have a preventive and auxiliary character and cannot by themselves stop the debt level of the state from increasing. Financial aims concerning debt and deficit can be achieved by non-financial methods, i.e. through the appropriate social and economic policies implemented by the authorities enjoying considerable social respect. The EU regulations regarding public debt and deficit can only be implemented with the instruments of the national law. The set of the EU regulations limiting the budgetary powers of member states, including the budgetary powers of governments and national parliaments, are questionable and undermine the authority of the state.

A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

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Valentina BĂRBĂŢEANU

2016-05-01

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

Divorce by consent in Roman law and contemporary law

OpenAIRE

Ignjatović Marija; Kitanović Tanja

2013-01-01

The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines th...

The Konrad mine. No more recourse to law?

International Nuclear Information System (INIS)

Schneider, Horst

2010-01-01

The constitutional guarantee in Article 19, Para. 4 of the Basic Law, expressed as a fundamental right, implies that everybody whose rights were violated by public action may have recourse to law. These constitutional principles, of course, also apply to the execution of atomic laws and to resorting to courts of law against actions by federal and state authorities under the Atomic Energy Act. This guaranteed recourse to law may, even if possibilities of so-called immediate execution of decisions by authorities are employed, lead to proceedings dragging on for years but, in the end, will result in legal certainty. The plans approval decision about construction and operation of the Konrad Mine as a repository for radioactive waste was passed in May/June 2002 and, as expected, became the subject of litigation. In late March 2007, the Federal Administrative Court rejected the complaints on very detailed grounds. This constituted the end of the legal measures open under administrative law. In the German system of legal redress, this then leaves everybody the possibility to bring a complaint for unconstitutionality to the Federal Constitutional Court, provided a violation of basic rights is claimed. This approach was taken by 2 complaining parties. The complaint for unconstitutionality by the city of Salzgitter was rejected in a decision of non-acceptance in February 2008. On November 26, 2009, the Federal Constitutional Court reported that it had unanimously decided not to accept the complaint of unconstitutionality on November 10. This decision of non-acceptance by the Federal Constitutional Court must be seen both in a confirmatory light 'after Konrad' and in a sense of anticipation 'before Gorleben'. This completes the possibilities of having recourse to law in Germany. The only course remaining open is to appeal to the European Court of Human Rights, which is what the private prosecutor had announced earlier. (orig.)

Time-domain simulation of constitutive relations for nonlinear acoustics including relaxation for frequency power law attenuation media modeling

Science.gov (United States)

Jiménez, Noé; Camarena, Francisco; Redondo, Javier; Sánchez-Morcillo, Víctor; Konofagou, Elisa E.

2015-10-01

We report a numerical method for solving the constitutive relations of nonlinear acoustics, where multiple relaxation processes are included in a generalized formulation that allows the time-domain numerical solution by an explicit finite differences scheme. Thus, the proposed physical model overcomes the limitations of the one-way Khokhlov-Zabolotskaya-Kuznetsov (KZK) type models and, due to the Lagrangian density is implicitly included in the calculation, the proposed method also overcomes the limitations of Westervelt equation in complex configurations for medical ultrasound. In order to model frequency power law attenuation and dispersion, such as observed in biological media, the relaxation parameters are fitted to both exact frequency power law attenuation/dispersion media and also empirically measured attenuation of a variety of tissues that does not fit an exact power law. Finally, a computational technique based on artificial relaxation is included to correct the non-negligible numerical dispersion of the finite difference scheme, and, on the other hand, improve stability trough artificial attenuation when shock waves are present. This technique avoids the use of high-order finite-differences schemes leading to fast calculations. The present algorithm is especially suited for practical configuration where spatial discontinuities are present in the domain (e.g. axisymmetric domains or zero normal velocity boundary conditions in general). The accuracy of the method is discussed by comparing the proposed simulation solutions to one dimensional analytical and k-space numerical solutions.

The Anatomy of a Constitutional Tort.

Science.gov (United States)

Horner, Jeffrey J.

1988-01-01

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

Law before Gratian

DEFF Research Database (Denmark)

This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

Identification of material constitutive laws representative of machining conditions for two titanium alloys: Ti6Al4V and Ti555-3

OpenAIRE

GERMAIN, Guénaël; MOREL, Anne; BRAHAM-BOUCHNAK, Tarek

2013-01-01

Determining a material constitutive law that is representative of the extreme conditions found in the cutting zone during machining operations is a very challenging problem. In this study, dynamic shear tests, which reproduce, as faithfully as possible, these conditions in terms of strain, strain rate, and temperature, have been developed using hat-shaped specimens. The objective was to identify the parameters of a Johnson–Cook material behavior model by an inverse method for two titanium all...

El derecho a la propia imagen de los personajes públicos en las jurisprudencias constitucional, ordinaria y europea. Evolución, concordancias y divergencias // The right to their own image of public figures in the Constitutional, Ordinary and European Case-Law. Evolution, concordances and divergences.

Directory of Open Access Journals (Sweden)

María del Mar Navas Sánchez

2017-12-01

which the legislator lays down very specific guidelines as to how such conflicts should be resolved; the intensity with which this Law has conditioned the case law of judges and courts of ordinary jurisdiction, particularly the Supreme Court; and finally, the important role played by the case law of the Constitutional Court, which, regardless of the legislative requirements and taking constitutional categories as references, has finally established, in a process that we have differentiated in two stages, the public interest of the images (or, in other words, the contribution made by photos to a debate of general interest in the decisive element to solve this type of conflicts. But on the other hand, special attention is also paid to the reciprocal relations that have been established over these decades among the case law of the Constitutional, Supreme and Strasbourg Courts. On this regard, we have found particularly interesting to look not only at the way in which the Constitutional Court has used the jurisprudence of the European Court of Human Rights (Article 10.2 Spanish Constitution to establish its own doctrine on the fundamental right to their image of public figures, but also, especially, in the way in which this doctrine of the Constitutional Court has been followed or not by the Supreme Court and therefore if the latter has fulfilled its constitutional obligation (Article 5.1 Organic Law of the Judiciary.

LEGAL RELATIONSHIP BETWEEN ILLEGITIMATE CHILDREN AND THEIR BIOLOGICAL FATHER: The Analysis of Constitutional Court Decree No. 46/PUU-VIII/2010 in the Perspective of Civil and Islamic Law

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Marilang Marilang

2016-12-01

Full Text Available In Indonesia, children born out of wedlock only have legal relationship or family lineage relationship with their mother and mother’s family, not with their biological father and biological father’s family. This provisions of law are arranged in Article 43 paragraph (1 of Marriage Law No. 1 of 1974 which is highly influenced by Shafi’ite School of Islamic jurisprudence. Through judicial review of Aisyah (Machica Mochtar and her son named M. Iqbal Ramadhan, Constitutional Court has agreed to waive the provisions by means of the Decree Number 46/PUU-VIII/2010 with legal consideration that the concerned article contravenes the Constitution, then it creates new legal norm which states those children have legal relationship and family lineage with their mother and mother’s family and also the man who is their father. The Decree sparks controversies concerning the term ‘children born out of wedlock’ and ‘legal relationship’ in the decree. Contrary to many law experts, the article argues that the term ‘children born out of wedlock’ simply means children born from zina (adultery or fornication. Thus, ‘legal relationship’ only refer to limited relationship between both parties.

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

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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.

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. 

Constitutional Foundations and Constitutionalization of IP Law - A Tale of Different Stories?

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen

2015-01-01

This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years to c...... of law (competition law).......This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years...

LA ACCIÓN CONSTITUCIONAL DE PROTECCIÓN EN CHILE Y LA ACCIÓN CONSTITUCIONAL DE AMPARO EN MÉXICO The Constitutional Action of Protection in Chile and the Constitutional Action of Amparo in Mexico

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Humberto Nogueira Alcalá

2010-01-01

Full Text Available El presente artículo constituye un análisis de derecho procesal constitucional comparado de las acciones constitucionales de amparo en México y de la acción constitucional de protección en Chile, constatando las similitudes y diferencias existentes entre ambas instituciones de los dos países latinoamericanos, como asimismo, la necesidad de regular por ley la acción constitucional de protección, como es la regla general en el derecho comparado.This article is an analysis of comparative procedural constitutional law of the mexican constitutional "amparo" action, and the Chilean constitutional protection action, noting the similarities and differences existing between these institutions in both Latin-American countries, and the necessity of the regulation by law of the constitutional protection action, as is the general rule in comparative law.

Globalisation of the National Judiciary and the Dutch Constitution

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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.

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

Directory of Open Access Journals (Sweden)

John Law

2007-05-01

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

Creation and Characteristics of the New Fundamental Law of Hungary

Czech Academy of Sciences Publication Activity Database

Halász, Ivan

2011-01-01

Roč. 150/1, č. 9/2 TLQ (2011), s. 85-105 ISSN 0231-6625 Institutional research plan: CEZ:AV0Z70680506 Keywords : constitutional law * Fundamental Law of Hungary * Hungarian constitutional system Subject RIV: AG - Legal Sciences

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.

Constitutional problems in the handling of plutonium

International Nuclear Information System (INIS)

Papier, H.J.

1989-01-01

In principle the decision between direct storage and reprocessing comes into the scope of regulation by the first or second power, resp., reserved for them according to the constitutional principle of necessity. The author thinks that a possibly increased hazard potential might result in increased protection requirements or protection measures as envisaged by the licensing preconditions of the Atomic Energy Law and those of other normative protection regulations. This is no issue of constitutional jurisdiction but of political intent and technical-economic capabilities whether or not certain technologies are precluded a prior or permitted and implemented at a safety level satisfying the specific constitutional protection requirements. (orig./HSCH) [de

Handbook for Military Justice and Civil Law

National Research Council Canada - National Science Library

2000-01-01

.... When speaking of the "law of evidence" one does not refer to a single set of laws contained in a particular book; the law of evidence is to be found in the Constitution, statutes, court rules, court decisions, service regulations, scholarly writings, administrative decisions, and the common law.

Essential Medicines in National Constitutions: Progress Since 2008.

Science.gov (United States)

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

2016-06-01

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

NOTES ON ADMINISTRATIVE LAW: THE AMERICAN ...

African Journals Online (AJOL)

eliasn

The US does not have courts specializing in administrative law disputes. Ordinary ... The US Constitution is supreme in relation to any other law. Because of ..... administrative law, social and economic progress promoted by legislation was opposed ... Atiyah, P. S. & Summers, Robert S. (1987), Form and substance in Anglo.

“Wolves Have A Constitution:” Continuities in Indigenous Self-Government

Directory of Open Access Journals (Sweden)

Stephen Cornell

2015-01-01

Full Text Available This article is about constitutionalism as an Indigenous tradition. The political idea of constitutionalism is the idea that the process of governing is itself governed by a set of foundational laws or rules. There is ample evidence that Indigenous nations in North America—and in Australia and New Zealand as well—were in this sense constitutionalists. Customary law, cultural norms, and shared protocols provided well understood guidelines for key aspects of governance by shaping both personal and collective action, the behavior of leaders, decision-making, dispute resolution, and relationships with the human, material, and spirit worlds. Today, many of these nations have governing systems imposed by outsiders. As they move to change these systems, they also are reclaiming their own constitutional traditions.

Book Review: Against the New Constitutionalism | Venter ...

African Journals Online (AJOL)

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives ... Abstract. Book Title: Against the New Constitutionalism. Book Author: Tamas Gyorfi. Edward Elgar Publishing Cheltenham, UK 2016. ISBN 9781783473007 ...

Environmental law. 3. rev. ed.

International Nuclear Information System (INIS)

Anon.

1985-01-01

This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de

An anisotropic linear thermo-viscoelastic constitutive law - Elastic relaxation and thermal expansion creep in the time domain

Science.gov (United States)

Pettermann, Heinz E.; DeSimone, Antonio

2017-09-01

A constitutive material law for linear thermo-viscoelasticity in the time domain is presented. The time-dependent relaxation formulation is given for full anisotropy, i.e., both the elastic and the viscous properties are anisotropic. Thereby, each element of the relaxation tensor is described by its own and independent Prony series expansion. Exceeding common viscoelasticity, time-dependent thermal expansion relaxation/creep is treated as inherent material behavior. The pertinent equations are derived and an incremental, implicit time integration scheme is presented. The developments are implemented into an implicit FEM software for orthotropic material symmetry under plane stress assumption. Even if this is a reduced problem, all essential features are present and allow for the entire verification and validation of the approach. Various simulations on isotropic and orthotropic problems are carried out to demonstrate the material behavior under investigation.

Towards a sound pedagogy in law: a constitutionally informed ...

African Journals Online (AJOL)

A compulsory dissertation module as capstone course, which embodies the pedagogical approach of transformative legal education, should be included in the revised curriculum of all law schools in South Africa. This dissertation module should demand that students engage critically with the principles of transformative ...

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

International Nuclear Information System (INIS)

Anon.

1984-01-01

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

32 CFR 537.5 - Applicable law.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

Recognition of the Customary Land Law in the Constitution of Indonesia and Malaysia

OpenAIRE

Napoh, Datu Bua

2015-01-01

Recognition of customary land law is very important for indigenous peoples in their daily lives to protect the existence of the preservation of customary law itself, because this is a traditional lands where they carry out their daily routines and develop their traditional habits which categorized as unique and different from other areas. In Indonesia, the customary land law is recognized as long as it really exists and does not contradict the higher principle and state law. We can see it in ...

Constitutive relation of concrete containing meso-structural characteristics

Directory of Open Access Journals (Sweden)

Li Guo

Full Text Available A constitutive model of concrete is proposed based on the mixture theory of porous media within thermodynamic framework. By treating concrete as a multi-phase multi-component mixture, we constructed the constitutive functions for elastic, interfacial, and plastic strain energy respectively. A constitutive law of concrete accommodating internal micro-cracks and interfacial boundaries was established. The peak stress predicted with the developed model depends primarily on the volume ratio of aggregate, and the results explain very well reported experimental phenomena. The strain-stress curve under uniaxial loading was found in a good agreement with experimental data for concrete with three different mixing proportions. Keywords: Constitutive model of concrete, Mixture theory of porous media, Meso-structure, Interfacial energy

Recent Developments Regarding South African Common and Customary Law

Directory of Open Access Journals (Sweden)

MC Schoeman-Malan

2007-05-01

Full Text Available This article will concentrate on the development in the common law of succession and administration of estates versus the customary law of succession and inheritance as well as the winding up of estates pursuant to constitutional tendencies, case law, and statutory reform over the last ten years. The principles of customary law of succession and inheritance have become a contentious issue since the commencement of the Constitution and Bill of Rights which provide for a human rights dispensation in South Africa. As a pluralistic legal system was retained, the inevitable conflict between the principles of customary law of succession and the Constitution soon came to the fore. Although the South African Law Reform Commission reported on this issue and submitted their recommendations to the Minister of Justice and Constitutional Development, the report was never formally published. Aspects of intestate succession and the administration of estates of deceased blacks were challenged in court on constitutional grounds. This eventually lead to a number of principles of customary law being declared unconstitutional, and consequently invalid, by the Courts who had no choice but to provide relief until such time as the legislature enacted a lasting solution. As far as the intestate succession is concerned, the Intestate Succession Act 81 of 1987 was extended to all persons in South Africa, including those adhering to a system of customary law. No distinction will, for purposes of succession, be made in future between legitimate and illegitimate children, between a first born son and other siblings or between men and women. Notwithstanding several court judgments in this regard, the Intestate Succession Act has not been amended by the Legislature as yet. As far as the historical discrepancy in the winding up and administration of estates is concerned, all estates, including intestate estates of black persons that have to devolve under customary law, in the

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

Unborn children as constitutional persons.

Science.gov (United States)

Roden, Gregory J

2010-01-01

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

Constitutional Court's Crisis Management of Akil Mochtar's Case

OpenAIRE

Uli Mediana, Cipta; Naryoso, S.Sos, M.Si, Agus

2016-01-01

The Constitutional Court is one of the state institutions that conduct independent judicial power to hold a court in order to enforce law and justice in Indonesia that became a proof of state agencies was also not spared from the crisis. The Chairman of the Constitutional Court in 2013, Akil Mochtar caught red-handed by the Corruption Eradication Commission (KPK) for allegedly receiving bribe money for handling election disputes Gunung Mas, Central Kalimantan and elections Lebak, Banten. Sinc...

Constitutive law for seismicity rate based on rate and state friction: Dieterich 1994 revisited.

Science.gov (United States)

Heimisson, E. R.; Segall, P.

2017-12-01

Dieterich [1994] derived a constitutive law for seismicity rate based on rate and state friction, which has been applied widely to aftershocks, earthquake triggering, and induced seismicity in various geological settings. Here, this influential work is revisited, and re-derived in a more straightforward manner. By virtue of this new derivation the model is generalized to include changes in effective normal stress associated with background seismicity. Furthermore, the general case when seismicity rate is not constant under constant stressing rate is formulated. The new derivation provides directly practical integral expressions for the cumulative number of events and rate of seismicity for arbitrary stressing history. Arguably, the most prominent limitation of Dieterich's 1994 theory is the assumption that seismic sources do not interact. Here we derive a constitutive relationship that considers source interactions between sub-volumes of the crust, where the stress in each sub-volume is assumed constant. Interactions are considered both under constant stressing rate conditions and for arbitrary stressing history. This theory can be used to model seismicity rate due to stress changes or to estimate stress changes using observed seismicity from triggered earthquake swarms where earthquake interactions and magnitudes are take into account. We identify special conditions under which influence of interactions cancel and the predictions reduces to those of Dieterich 1994. This remarkable result may explain the apparent success of the model when applied to observations of triggered seismicity. This approach has application to understanding and modeling induced and triggered seismicity, and the quantitative interpretation of geodetic and seismic data. It enables simultaneous modeling of geodetic and seismic data in a self-consistent framework. To date physics-based modeling of seismicity with or without geodetic data has been found to give insight into various processes

Towards Viscoplastic Constitutive Models for Cosserat Rods

Directory of Open Access Journals (Sweden)

Dörlich Vanessa

2016-06-01

Full Text Available Flexible, slender structures like cables, hoses or wires can be described by the geometrically exact Cosserat rod theory. Due to their complex multilayer structure, consisting of various materials, viscoplastic behavior has to be expected for cables under load. Classical experiments like uniaxial tension, torsion or three-point bending already show that the behavior of e.g. electric cables is viscoplastic. A suitable constitutive law for the observed load case is crucial for a realistic simulation of the deformation of a component. Consequently, this contribution aims at a viscoplastic constitutive law formulated in the terms of sectional quantities of Cosserat rods. Since the loading of cables in applications is in most cases not represented by these mostly uniaxial classical experiments, but rather multiaxial, new experiments for cables have to be designed. They have to illustrate viscoplastic effects, enable access to (viscoplastic material parameters and account for coupling effects between different deformation modes. This work focuses on the design of such experiments.

Method to determine the optimal constitutive model from spherical indentation tests

Directory of Open Access Journals (Sweden)

Tairui Zhang

2018-03-01

Full Text Available The limitation of current indentation theories was investigated and a method to determine the optimal constitutive model through spherical indentation tests was proposed. Two constitutive models, the Power-law and the Linear-law, were used in Finite Element (FE calculations, and then a set of indentation governing equations was established for each model. The load-depth data from the normal indentation depth was used to fit the best parameters in each constitutive model while the data from the further loading part was compared with those from FE calculations, and the model that better predicted the further deformation was considered the optimal one. Moreover, a Yang’s modulus calculation model which took the previous plastic deformation and the phenomenon of pile-up (or sink-in into consideration was also proposed to revise the original Sneddon-Pharr-Oliver model. The indentation results on six materials, 304, 321, SA508, SA533, 15CrMoR, and Fv520B, were compared with tensile ones, which validated the reliability of the revised E calculation model and the optimal constitutive model determination method in this study. Keywords: Optimal constitutive model, Spherical indentation test, Finite Element calculations, Yang’s modulus

Abandonment and reconciliation: addressing political and common law objections to fetal homicide laws.

Science.gov (United States)

Curran, Douglas S

2009-03-01

Fetal homicide laws criminalize killing a fetus largely to the same extent as killing any other human being. Historically, the common law did not generally recognize feticide as a crime, but this was because of the evidentiary "born-alive" rule, not because of the substantive understanding of the term "human being." As medicine and science have advanced, states have become increasingly willing to abandon this evidentiary rule and to criminalize feticide as homicide. Although most states have recognized the crime of fetal homicide, fourteen have not. This is largely the result of two independent obstacles: (judicial) adherence to the born-alive rule and (legislative) concern that fetal homicide laws could erode constitutionally protected reproductive rights. This Note explores a variety of fetal homicide laws that states have adopted, demonstrating that popular opinion has shifted toward recognizing this crime. It then directly confronts the objections that have prevented other states from adopting such laws: it first reviews the literature suggesting that the born-alive rule should be abandoned, as it is an obsolete evidentiary standard; it then argues that constitutionally protected reproductive liberties can be reconciled with, and in fact augmented by, punishing the killing of a fetus as a homicide.

Rule of Law in Mexico: Fact or Fiction

Science.gov (United States)

2011-10-28

Constitution, Article 49 10 Alex J. Gilman, “Making Amends with the Mexican Constitution: Reassessing the 1995 Judicial Reforms and Considering Prospects...fact, it’s not unusual for Mexican law professors to simply read the contents of an applicable code, regulation or article to their students instead...ramifications for student cheating or plagiarism , either. Many students “graduate” law schools without completing the thesis requirement. There are no bar

An extraordinary decision. The Muelheim-Kaerlich order of the Federal Constitutional Court. Protection of civil rights by way of procedural law

International Nuclear Information System (INIS)

Mutius, A. von.

1984-01-01

The uthor explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights. (orig./HSCH) [de

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.

Constitutive properties of salt from four sites

International Nuclear Information System (INIS)

Pfeifle, T.W.; Mellegard, K.D.; Senseny, P.E.

1983-04-01

Results are presented from laboratory strength and creep tests performed on salt specimens from the Richton dome in Mississippi, the Vacherie dome in Louisiana, the Permian basin in Texas, and the Paradox basin in Utah. The constitutive properties obtained are the elastic moduli and the failure envelope at 24 0 C and parameter values for the baseline creep law. Some additional data are presented to indicate how the elastic moduli and strength change with temperature. The constitutive properties given in this report and subsequent numerical simulations will serve as input to the screening of site locations for a nuclear-waste repository. The matrix of tests performed is the minimum effort required to obtain these constitutive properties. Comparison of results with those obtained for sites that have been characterized in greater detail suggests that the constitutive parameter values obtained are adequate for site-screening activity

Civil Law and Catholic Education: Past, Present, and Future

Science.gov (United States)

Shaughnessy, Mary Angela

2009-01-01

This article will address the sources of the laws impacting Catholic education, particularly constitutional law, statutory and regulatory law, and contract law. Specific issues related to these areas will be discussed, including discipline, lifestyle and belief, negligence, sexual abuse, boundaries, confidentiality, cyberspace, and safety. The…

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

Law as Treaties?: The Constitutionality of Congressional-Executive Agreements

OpenAIRE

Yoo, John C.

2000-01-01

This article seeks to resolve the debate over the use of a statutory method for approving international agreements in place of the supermajority process required by the Constitution's Treaty Clause. These "congressional-executive agreements," which require only simple majorities in Congress and presidential signature, have become the instrument of choice for entry into some of the nation's most significant international obligations, such as the WTO and NAFTA. Some, such as Bruce Ackerman and ...

Prospective Constitutional Changes in Kosovo Emanating from the EU Pre-Accession Process

OpenAIRE

Morina, Visar

2016-01-01

Although Kosovo is in the initial period of its European integration process, this article will analyse the extent to which the 2008 Kosovo Constitution is compatible with EU law. Integration in the European Union is one of the key objectives of Kosovo’s constitutional preamble and the paper will discuss the prospective constitutional amendments that will occur in Kosovo in anticipation of accession to the European Union. The author’s position is that a great part of constitutional non-compli...

American Album: 200 Years of Constitutional Democracy. Law in U.S. History. Law in Social Studies Series. Instructor's Edition.

Science.gov (United States)

Suter, Coral; Croddy, Marshall

Arranged chronologically from the Constitution's initial implementation in the late 18th century to the civil rights movement of the 1950 and 60s, this volume contains eight study units. The units address various roles in the U.S. legal system and corresponding legal processes, while raising the following constitutional issues: (1) the role and…

International Criminal Law & Its Paradoxes

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2017-01-01

criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

EL DERECHO A LA EDUCACIÓN Y SUS REGULACIONES BÁSICAS EN EL DERECHO CONSTITUCIONAL CHILENO E INTERNACIONAL DE LOS DERECHOS HUMANOS THE RIGHT TO EDUCATION AND REGULATIONS BASIC IN THE CHILEAN CONSTITUTIONAL LAW AND THE INTERNATIONAL HUMAN RIGHTS LAW

Directory of Open Access Journals (Sweden)

Humberto Nogueira Alcalá

2008-01-01

Full Text Available A través del presente artículo se delimita el derecho a la educación determinando los atributos básicos que constituyen el derecho y sus fronteras, teniendo en consideración el derecho constitucional y el derecho internacional de los derechos humanos, es especial el Pacto Internacional de Derechos Económicos, Sociales y Culturales de Naciones Unidas, como asimismo, se consideran las líneas básicas jurisprudenciales en la materia.Through this article delineates the right to education by determining the basic attributes that make up the law and its borders, taking into consideration the constitutional law and international law of human rights, especially the International Convention of Economic, Social and Cultural Rights, as also are considered the basic lines of jurisprudence in this area.

Licensing of nuclear power plants, immediate implementation, constitutional appeal

International Nuclear Information System (INIS)

Winters, K.P.

1980-01-01

The decision relates to part of the licensing procedure of the Muelheim-Kaerlich Nuclear Power Station. The subject of the complaint of unconstitutionality is the immediate execution of the 7th clearance within the framework of the 1st partial permit, which had been confined by the Rhineland-Palatinate Higher Administrative Court in a decision of May 2, 1977 (DVBl. 1977, p. 730). The Federal Constitutional Court regards the complaint of unconstitutionality as being unfounded. The court expresses itself especially on the assessment, under consnitutional aspects, of the material rules and rules of procedure pertaining to the licensing of nuclear power plants and of major changes in such plants. Moreover, the dissenting opinions of Justices Dr. Simon and Professor Heussner are quoted in excerpts. The comment by K.- P. Winters regards as the nucleus of the decision and of the dissenting vote the statements about the guarantee functions procedural rules have in ensuring effective protection of human rights. In his view, these statements of constitutional law are of fundamental significance for problems of atomic law and radiation protection law. (HSCH) [de

Method to determine the optimal constitutive model from spherical indentation tests

Science.gov (United States)

Zhang, Tairui; Wang, Shang; Wang, Weiqiang

2018-03-01

The limitation of current indentation theories was investigated and a method to determine the optimal constitutive model through spherical indentation tests was proposed. Two constitutive models, the Power-law and the Linear-law, were used in Finite Element (FE) calculations, and then a set of indentation governing equations was established for each model. The load-depth data from the normal indentation depth was used to fit the best parameters in each constitutive model while the data from the further loading part was compared with those from FE calculations, and the model that better predicted the further deformation was considered the optimal one. Moreover, a Yang's modulus calculation model which took the previous plastic deformation and the phenomenon of pile-up (or sink-in) into consideration was also proposed to revise the original Sneddon-Pharr-Oliver model. The indentation results on six materials, 304, 321, SA508, SA533, 15CrMoR, and Fv520B, were compared with tensile ones, which validated the reliability of the revised E calculation model and the optimal constitutive model determination method in this study.

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, ...

Factors that influence the realization of the constitutional – legal protection

OpenAIRE

Safet Emruli

2018-01-01

The constitutional justice system represents the main actor of the establishment and the harmonious functioning of true democracy, because it implies the spirit of the constitution, where the rules of democracy, rule of law and the protection of the rights and freedoms of the citizens are envisaged, is respected and implemented in real life. The constitutional justice, in fact, represents the key segment that guarantees the vitality and efficiency of the judicial order. As such, it emerged as...

«I speak generally of Law». Law, Laws and Courts in the Dialogue of Thomas Hobbes

Directory of Open Access Journals (Sweden)

Mario Piccinini

2014-12-01

Full Text Available Analyzing the Dialogue between a Philosopher and a Student of the Common Laws of England by Thomas Hobbes, the essay traces the historical tradition and the reasons for its secular underestimation. The Hobbesian text is placed within the history of English law and the controversies that accompanied and followed the revolution of 1640. It is then compared with the political works of Hobbes, showing how the silence of the law is gradually replacing the state of nature as image of the death of the Commonwealth. The Dialogue proves to be a firm position in favor of an universal and equal capacity to understand what the law is. This latter is the product of the will of a sovereign, who however is the institutionalization of the authorization of the individuals who constitute it.

The genesis of the “giusto processo” constitutional reform in Italy

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Paolo Ferrua

2017-06-01

Full Text Available This paper analyzes the complicated scenario that, starting with the promulgation of the current Italian criminal procedure code, in 1999 resulted in the constitutional reform of the "giusto processo". Inspired by an accusatory logic, the 1988 Code had introduced the contradictory "golden rule" in the formation of evidence, establishing the irrelevance of declarations secretly collected by the preliminary investigation actors. Unhappily received by the majority of the judiciary, the accusatory principles were suppressed in 1992 by the "inquisitorial revolution" caused by three constitutional court decisions (No. 24, 254, 255. Assuming that the contradictory in evidence production violates the search for the truth, the Constitutional Court has demolished the "golden rule," attributing probative value to all (or almost statements unilaterally collected in the preliminary investigation by the prosecutor or the police. In fact, the mistake of the Constitutional Court was not figuring that the function of the criminal process is the revelation of the truth, which must be sought by any process that aspire the confidence of the citizens. The mistake was actually considering the contradictory as an obstacle to the pursuit of truth, causing an unfortunate opposition between two values that should be closely related. Essential to the cognitive function of the process is, in fact, the contradictory, the method which, as science clarifies, consists in subjecting the hypotheses to be proved to the most severe attempts of confrontation and falsification; while, on the other hand, it seems entirely reasonable to distrust what has been formed in secrecy, and especially the declarations that inevitably take preference to influence those who, in a position of authority, have unilaterally collected them. A reticent and partial attempt to recover the contradictory was later operated by Law 267 of 1997, which denied the probative value of previous statements on the

Auctoritas non veritas facit Legem; a response to Prof. Roberto Niembro´s conceptualisation of Authoritatian Constitutionalism

DEFF Research Database (Denmark)

Abat Ninet, Antoni

2017-01-01

. This interest has different reasons, some of them related with the current majoritarian epistemological doctrine that links constitutionalism with democracy, freedom and equality. Today we conceive a constitution as a charter of rights and freedoms, as a synonym of legal and political guarantee, a device......Beginning the new Century there are more constitutional democracies than ever and authoritarian regimes seems to be weaker, isolated and more pointed and under pressure. Even so, the analysis of the relation between constitutionalism and authoritarianism continues fascinating academics worldwide...... to protect minorities and limit public power and arbitrariness. We also tend to relate a constitution with the best values and virtues of the rule of law that links symbiotically democracy and law. Constitutionalism is then a device that maintains alive this relation....

Exclusion of objections in licensing procedures according to Atomic Energy Law or Pollution Control Law

International Nuclear Information System (INIS)

Stober, R.

1980-01-01

The contribution shows that the exclusion of objections after expiration of the term provided for in licensing procedures under Atomic Energy Law and Pollution Control Law has to be understood extensively and that it is in accordance with German Basic Law. In detail, the treatise is limited to the discussion of the following issues: the effects of the expiration of the period on the right to raise objections, the importance of the exclusion of objections for lawsuits and the importance of the exclusion of objections for constitutional law. (orig./HSCH) [de

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.

Limits of verification by the Federal Constitutional Court

International Nuclear Information System (INIS)

Anon.

1985-01-01

The court of administration of Baden-Wuerttemberg passed a resolution on October 27,1983 - 10 S 1102/83 - dismissing the application to revoke the immediate implementation of the first partial construction permit for the joint nuclear power plant Neckar II. As the plaintiff thereupon lodged a complaint with the Federal Constitutional Court the resolution did not become effective immediately. However, the Federal Constitutional Court on October 1, 1984 decreed unanimously in accordance with the section 93a subsection 3 of the law on the Federal Constitutional Court - 1 BvR 231/84 -: ''The constitutional complaint lodged is not taken up for decision because its chances of success are nil.'' Thus the original decision of the court of administration of Baden-Wuerttemberg passed on October 27, 1983 was confirmed by the endorsement of its immediate implementation. (orig./HSCH) [de

Changing the constitutional landscape for firearms: the US Supreme Court's recent Second Amendment decisions.

Science.gov (United States)

Vernick, Jon S; Rutkow, Lainie; Webster, Daniel W; Teret, Stephen P

2011-11-01

In 2 recent cases-with important implications for public health practitioners, courts, and researchers-the US Supreme Court changed the landscape for judging the constitutionality of firearm laws under the Constitution's Second Amendment. In District of Columbia v Heller (2008), the court determined for the first time that the Second Amendment grants individuals a personal right to possess handguns in their home. In McDonald v City of Chicago (2010), the court concluded that this right affects the powers of state and local governments. The court identified broad categories of gun laws-other than handgun bans-that remain presumptively valid but did not provide a standard to judge their constitutionality. We discuss ways that researchers can assist decision makers.

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

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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

The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

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Gerrit Ferreira

2014-11-01

Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

Fundamental features and main problems of nuclear power and radiological safety law

International Nuclear Information System (INIS)

Moser, B.

1981-01-01

This report deals on a general basis with the legal spheres affected by the utilisation of nuclear energy and protection from ionising radiation. Following a historical survey of the development both in the field of national legisation in Austria and internationally, the five principal legal spheres are discussed in detail. These are administrative law, liability and insurance law, criminal law, constitutional law and international law. In the foreground of discussion is administrative law, which is mainly of a preventive nature. This also comprises radiological safety law. Next in importance is liability and insurance law, which, in contrast to the former, aims at compensation for damage. Criminal law is also intended to have a preventive effect. Finally, the author discusses the peaceful use of nuclear energy in relation to the constitutional law and the international law in force. (Auth.)

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

A Constitutional Coup! The Take-Down of the First President of the Republic of Kosovo

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Korab R. Sejdiu

2013-07-01

This paper argues that the Court should have dismissed the claim of the MPs as inadmissible on procedural grounds, specifically that it was filed by the MPs after the time permitted by law and that the MPs never maintained the number of 30 members that were needed for the group to be an authorized party. Additionally, even on the merits, the Court failed to distinguish between the constitutional requirement to not exercise a party function, which the President in this case did not do, but rather simply held the position in a suspended mode. Moreover, even had the President’s holding of the position amounted to a violation of the Constitution, in no way did that equate to a serious constitutional violation. Still, the Court held contrary to the Constitution, applicable laws, and the available evidence before it and found that the President had seriously violated the Constitution.

The Theory of EU Constitutional Pluralism: A Crisis in a Crisis?

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Pierdominici Leonardo

2017-11-01

Full Text Available The paper deals with the validity of constitutional pluralism as a constitutional theory for the European Union and a paradigm for the understanding of EU law in the current times of crisis. It reconstructs the way in which constitutional pluralism came to the fore, the different ways in which the theory was presented, and considers historical criticism it has faced. It then looks at the anomalies that, allegedly, cannot be explained today by constitutional pluralism as a paradigm, linked to the current economic and political crises in the Union. The reconstruction of the debate is complemented with reflections on both the descriptive and normative validity of EU constitutional pluralism’s claims.

El Tribunal Constitucional, un balance de cuarenta años // The Constitutional Court, a balance of forty years

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Marc Carrillo

2018-04-01

1. The constitutional justice and the Constitutional Court. 2. The constitutional interpretation. 3. The control of constitutionality of the law. 4.-The objective meaning of the appeal for Constitutional rigth’s legal protection (amparo. 5. The conflicts of competences: the constitutional jurisdiction and the ordinary jurisdiction. 6. The sentence of the Constitutional Court and the Dissenting vote’s function.

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

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Erika García Cobián Castro

2013-12-01

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

Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

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Yeni Salma Barlinti

2011-01-01

Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

The integration of law and integrality of the legislation as necessary conditions for the success of law enforcement in interstate integration

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Sergey Baburin

2017-01-01

Full Text Available УДК 341.1+342.2Subject. The article substantiates the need for a special system of legislation for any project of international integration. Only such system, being integral, may, firstly, become the basis for the formation of an integrative law of this integration project, and secondly, have a supranational constitutionality, giving the ability to individual enforcement.Purpose. The purpose of this paper is the design of the constitutional-legal mechanisms of international integration in the scope of an integrative understanding of law and law enforcement.Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and comparative law.Results, scope of application. The author points out that the formation of a single legal space in the Eurasian Economic Union (EEU, as well as in Customs Union and the Eurasian Economic Community before, is a development of constitutional law of supranational level, not of international law. The integration of law and integrality of the legislation are prerequisite for the success of the interstate Eurasian integration.Integration of law means the completeness of its internal structure, implies the indissoluble inner coherence of the law, its wholeness, unity. Coherent legal norms, embodied in legislation, can only create the phenomenon of law. The law should be understood as a metasystem, supersystem, it accumulates all socially significant systems and integrates the values of the law itself, its principles, values, other social regulators and regulated spheres of social relations. Attempts to apply the concept of "integration", but to abandon the notion of "integrality" are unreasonable, this terminological dichotomy is just a word game.If we talk about law, it is more appropriate to talk about it’s iintegrity, but if we talk about legislation, emerging to accelerate and deepen integration

Environmental law. Important laws and ordinances for environmental protection. As of July 1, 1989. 5. rev. and enlarged ed.

International Nuclear Information System (INIS)

1989-01-01

This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment.The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de

Law and Politics, an Emerging Epidemic: A Call for Evidence-Based Public Health Law.

Science.gov (United States)

Ulrich, Michael R

2016-05-01

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be placed on the hysteria that accompanies emergencies. Indeed, these examples merely illustrate an unfortunate array of examples where empirical evidence is ignored in the hopes of quelling paranoia. These policy approaches are not only constitutionally questionable, they generate their own risk to public health. The ability of the law to jeopardize public health approaches to infectious disease control can, and should, be limited through a renewed emphasis on science as the foundation of public health, coordination through all levels and branches of government, and through a serious commitment by the judiciary to provide oversight. Infectious disease creates public anxiety, but this cannot justify unwarranted dogmatic approaches as a response. If we as a society hope to ensure efficient, constitutional control over the spread of disease, it is imperative that science take its rightful place at the forefront of governmental decision-making and judicial review. Otherwise, the law becomes its own public health threat.

CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

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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.

Introduction of ecologically based heavy vehicle charges for road haulage. Assessment from the angle of German constitutional law and EU law: models, constraints, design options. Study of the report 200 96 130 UBA-FB-000217; Umweltorientierte Schwerverkehrsabgaben aus der Sicht des Verfassungs- und Europarechts: Modelle, Restriktionen, Gestaltungsoptionen. Studie zum Forschungsbericht 200 96 130 UBA-FB-000217

Energy Technology Data Exchange (ETDEWEB)

Klinski, S.

2001-10-01

The document contains a study commissioned by the German Federal Environment Office, (UBA), investigating the legal basis as well as constraints of new, ecologically based legislation envisaged by the German Federal Government for the transport sector. To put it in a nutshell: introduction of a kilometer-based road user charge for heavy goods vehicles, toll levels to be varied by vehicle weight and emission standards. Compliance with German constitutional law and the relevant law of the European Union is examined, and foreseeable non-compliance issues and conflicts in law are shown. Approaches will be outlined for solving legal obstacles by amending the German constitutional law and/or EU law and harmonizing the two legal systems. (orig./CB) [German] Aufgabe der Untersuchung ist es, im Einzelnen zu analysieren, welche Moeglichkeiten das uebergeordnete Verfasssungs- und Europarecht bereit haelt, um eine fuer das Territorium der Bundesrepublik geltende Schwerverkehrsabgabe zu erheben und diese moeglichst so auszugestalten, dass ein Maximum an umweltpolitisch motivierten Lenkungswirkungen und ein Minimum an umweltpolitisch bedenklichen Fehlsteuerungen erreicht werden kann. Soweit sich auf den beiden Ebenen des Verfassungs- und Euoparechts aus umweltpolitischer Sicht problematiche Restriktionen ergeben, werden Moeglichkeiten zur Aenderung des uebergeordneten Rechts erwogen. (orig./CB)

Sources of Law: Approach in the Light of Disciplinary Process Right

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Alexandre dos Santos Lopes

2016-10-01

Full Text Available This article aims to analyze the sources of law that has an correlation with the disciplinary procedural law, especially when you realize the reverberation of principles inflows and axiological values arising from the constitution that procedural species. Calls that outline the sources  of  law  that  are  related  to  this  kind  of  administrative  process,  translates  into significant challenge, insofar as its structure, especially in the new constitutional order (post- positivist allows, starting from the look and constitutional filter, define more precisely the height, feature and densification in the context of the Brazilian legal system, enabling better framing of disciplinary procedural legal relationship.

Local government under the defenders of the constitution

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Svirčević Miroslav

2004-01-01

Full Text Available The paper explains the development of local government under the rule of the constitution defenders 1842-1858. The author describes the historical facts that led to the abdication of Prince Miloš and the establishment of an oligarchic government of chieftains assembled in a council (Toma Vučić Perišić, Avram Petronijević, Hadji Milutin Garašanin and his son Ilija Stojan and Aleksa Simić, as well as the process of building a modern state administration and cultural identity, an integral part of which was a narrower process of constituting local government. A distinct role in the latter process was played by the Austrian-born Serbs, the only intelligentsia in the Principality of Serbia which was still under Turkish suzerainty. Special attention is given to the analysis of two local government acts instituting centralized local authorities with an enhanced law enforcement role in the districts, counties and communes. Those are District Prefectural System and of County Prefect Office Act of 12 May 1839 and Communal System Act of 13 July the same year. Of great importance was the former law, one of the longest-lived in the history of nineteenth-century Serbian constitutionalism. It was in force in 1839-88 and 1894-1903. Every autocratic regime in Serbia was to rely on it. Its distinctive feature is that it subordinated district and county prefects to the central authority and to the minister of internal affairs. They were reduced to mere police agents deprived of any freedom of action. Thus the local officials assumed the character of rigid administrators looking down on the common people. A natural continuation of this law was the other law of communal organization which turned the lowest local units into mere executive agencies of counties. Thus local government took on the form of a mere transmission of the central government, functioning according to a principle similar to the medieval lord-vassal system: my vassal's vassal is not my

Law, Literature and Society

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Ursula Miranda Bahiense de Lyra

2016-06-01

Full Text Available This research aims to highlight the importance of literature in critical thinking about the law, coupled with the search for the emergence of an autonomous political subject and as a possibility of materialization of a new right . This shall be used , bibliographic research , seeking at first discuss the historical background of the "Law and Literature Moviment " to later approach the thought of Michel Foucault , their ideas about power, the constitution subjectivity , the ethical dimension of the subject and the care of itself, the Aufklärung and its conception of this new law.

Non-integer viscoelastic constitutive law to model soft biological tissues to in-vivo indentation.

Science.gov (United States)

Demirci, Nagehan; Tönük, Ergin

2014-01-01

During the last decades, derivatives and integrals of non-integer orders are being more commonly used for the description of constitutive behavior of various viscoelastic materials including soft biological tissues. Compared to integer order constitutive relations, non-integer order viscoelastic material models of soft biological tissues are capable of capturing a wider range of viscoelastic behavior obtained from experiments. Although integer order models may yield comparably accurate results, non-integer order material models have less number of parameters to be identified in addition to description of an intermediate material that can monotonically and continuously be adjusted in between an ideal elastic solid and an ideal viscous fluid. In this work, starting with some preliminaries on non-integer (fractional) calculus, the "spring-pot", (intermediate mechanical element between a solid and a fluid), non-integer order three element (Zener) solid model, finally a user-defined large strain non-integer order viscoelastic constitutive model was constructed to be used in finite element simulations. Using the constitutive equation developed, by utilizing inverse finite element method and in vivo indentation experiments, soft tissue material identification was performed. The results indicate that material coefficients obtained from relaxation experiments, when optimized with creep experimental data could simulate relaxation, creep and cyclic loading and unloading experiments accurately. Non-integer calculus viscoelastic constitutive models, having physical interpretation and modeling experimental data accurately is a good alternative to classical phenomenological viscoelastic constitutive equations.

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.

Constitutionalism, State and territory in the globalization context

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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.

The Psychiatrist, The Mentally Ill and Nigerian Law - A Fate, A ...

African Journals Online (AJOL)

A significant portion of Nigeria's laws evolved from British laws as a result of colonial relationship. In Britain, over the ages, the laws constituting sources of Nigeria's laws have undergone metamorphosis to adapt with changes. However such laws continue to exist in Nigeria's law books in the same form they were in Britain ...

Divorce by consent in Roman law and contemporary law

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Ignjatović Marija

2013-01-01

Full Text Available The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines the regulation on the consensual divorce in some contemporary legal systems. In addition, the authors provides a substantial analysis of the normative framework on the termination of marriage in the positive Serbian legislation. In the final part of the paper, the authors provides a comparative analysis and underscores the observed similarities and differenced in the regulation of the institute of consensual divorce in Roman law and in the contemporary legislation.

The cooperative identity in the cuban constitution. Currents challenges

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Orestes Rodríguez Musa

2013-12-01

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

45 CFR 98.3 - Effect on State law.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Effect on State law. 98.3 Section 98.3 Public... Goals, Purposes and Definitions § 98.3 Effect on State law. (a) Nothing in the Act or this part shall be construed to supersede or modify any provision of a State constitution or State law that prohibits the...

JUDICIAL "TRANSLATION" AND CONTEXTUALISATION OF VALUES: RETHINKING THE DEVELOPMENT OF CUSTOMARY LAW IN MAYELANE

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Liz Lewis

2015-11-01

Full Text Available The relevance of Mayelane v Ngwenyama (2013 4 SA 415 (CC has not been exhausted. Particularly the constitutional mandate undertaken by the Constitutional Court to "develop" customary law deserves closer scrutiny. In Mayelane the Constitutional Court, in seeking to vindicate the dignity and equality of women in polygynous marriages, examines the validity of a second marriage in terms of "living" customary law. The Court applies customary law as a "primary" source of law, while it simultaneously promotes the values enshrined in the Constitution, however – bearing in mind that the constitutional values of dignity and equality have their roots in international rights law – the Court is in reality dealing with normative plurality spanning subnational (customary, national as well as international regimes. Furthermore, each of these systems is embedded in its own socio-cultural context, and therefore the liberal individualism of international law could be "foreign" in a customary context, which values communalism. Hence, it is asked whether courts can accommodate pluralism by simply transposing norms and values such as dignity and equality from one system to another, particularly in cases where the court sets out to "develop" customary law. It is argued that norms and values have to be interpreted and applied with reference to their particular context and audience. Thus, there is a need for courts to contextualise and attune, or "translate" norms, whenever they are applied to another system.

Constitutionalization of Peruvian Law

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César Landa

2013-12-01

Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

CULTURE, TRADITION, CUSTOM, LAW AND GENDER EQUALITY

African Journals Online (AJOL)

JMaluleke

2005-10-18

Oct 18, 2005 ... CULTURE, TRADITION, CUSTOM, LAW AND GENDER EQUALITY .... supremacy (sections 1(c) and 2 of the Constitution), and provides that any law ... protecting polygamy as well as related practices such as 'spouse inheritance', .... This school of thought argues that the practice of virginity testing puts the.

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

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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

LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

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Muhammad Helmy Hakim

2016-05-01

Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

The Normative Constitution of Agency

OpenAIRE

Korsgaard, Christine M.

2014-01-01

On a naturalistic conception of agency, someone is an agent when certain of his own mental states are the cause of his movements. On a normative conception, a person constitutes his agency by following certain principles or laws. In Kant’s conception, for example, a movement counts as the agent’s own when it is chosen autonomously, that is, in accordance with the categorical imperative. To say that someone acts is to imply that his movements are a manifestation of his own activity and that it...

Law-and-Education Research: Past and Future.

Science.gov (United States)

Yudof, Mark G.

1979-01-01

The author traces the development of this new field of legal study concerning the interface of law and educational policy. Finding the field's current approach misdirected through overemphasis on reform and the Constitution, he suggests a new paradigm, law-in-action, with a broader focus drawn from related disciplines. (SJL)

Student Rights, Decisionmaking, and the Law. Report No. 10

Science.gov (United States)

Tice, Terrence N.

The issue of student rights and the law is presented in this essay and bibliography. Included are discussion of student activism and the courts, law and morality, the new era of student activism, legal, institutional, and moral rights, and institutional administration and the law. Also considered are constitutional questions raised by student…

Labor law and petroleum industry: the employee in Law number 5.811/72; Direito do trabalho e industria do petroleo: o empregado em face da lei n. 5.811/72

Energy Technology Data Exchange (ETDEWEB)

Galvao, Katia C.P.; Yvi, Maytta A.S.; Mendonca, Fabiano A.S. [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil). Faculdade de Direito

2004-07-01

The Law n. 5.811, of October 11th, 1972, created a special labor code for the employees of petroleum industry. It brought a new work regime for those employees, based on work by rotation. However, after the promulgation of the Brazilian's Federal Constitution of 1988, the constitutionality of the Law has been put in proof. The present text approaches the main controversies of the theme, giving a systematic interpretation to the Law, through the observation of interpretative rules and principles of Brazilian's juridical system. It concludes that the Law is constitutional when stipulates eight hour work by rotation, and considers that the payment of suppressed rest hours, the Sunday work, the night work and the hours 'in itinere' must be interpreted such as wrote on the Law. This way of interpretation is clearly in consonance with the Brazilian's juridical system and with the main purpose of any labor Law, which is the protection of the employees and establishment of healthy work conditions. (author)

Environmental law. 2. rev. and enl. ed.; Umweltrecht

Energy Technology Data Exchange (ETDEWEB)

Erbguth, W. [Rostock Univ. (Germany); Schlacke, S. [Bremen Univ. (Germany)

2008-07-01

The text book under consideration is addressed to students of jurisprudence. It enables an entrance into the general environment law and into selected areas of the special environment law in a clear and systematic form. After an introduction of fundamental principles of the environment law, the book consists of the following topics: Basic principles of the environment law; environmental constitutional law; instruments of the environment law; legal protection in the environment law; environmental European right; environmental international law; pollution protection law; wilderness protection act and landscape conservation act, water protection right, act on recycling and waste management, soil conservation law and contaminated site law, genetic engineering law, sea environment law for the protection of the North Sea and Baltic Sea, energy right.

The Constitutional Influence on Organ Transplants with Specific Reference to Organ Procurement

Directory of Open Access Journals (Sweden)

Debbie Labuschagne

2014-04-01

Full Text Available This article assesses the influence of the Constitution of the Republic of South Africa, 1996 on the law pertaining to organ transplants with specific reference to methods of organ procurement. These methods include a system of opting-in, presumed consent, required request, required response, the sale of organs, and organ procurement from prisoners. It is argued, in view of the acute shortage of organs, that the various organ procurement methods are in need of review in the context of the question of whether they are acceptable and sustainable within the constitutional framework. To this end, the article deals with the application, limitation and interpretation of the rights in the Bill of Rights and its interface with the various organ procurement methods in the context of a discussion of applicable legislation and relevant case law. It is argued that a constitutional analysis of the topic is indicative that the State has indeed failed to provide a proper or satisfactory legislative and regulatory framework to relieve the critical shortage of human organs available for transplantation, by ultimately failing to uphold the applicable constitutional rights and values as discussed.

The constitutional court review of judicial decisions

Directory of Open Access Journals (Sweden)

Stojanović Dragan M.

2016-01-01

Full Text Available In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts and actions of state authorities with the Constitution, including court decisions on cases involving the constitutionally guaranteed rights. Hence, in order to eliminate tension or even contradiction between the constitutional precepts, the constitutional review of judicial decisions should be considered as a special form of judicial control, regardless of the fact that the Constitutional Court is not part of the judicial structure in the strict organizational sense. Thus, unlike the cases where the Court is involved in the normative control of the applicable law, in the process of reviewing judicial decision of lower courts the constitutional judiciary acts in the capacity of a specific judicial authority. According to another possible interpretation of the aforementioned constitutional norms, the direct constitutional protection of the constitutionally guaranteed rights may only be pursued in the process of reviewing individual legal acts and actions of state authorities, but not by pursuing a judicial review of court decisions which the Constitutional Court has no jurisdiction to decide upon. Thus, the dogma of judicial independence would prevail over the dogma of direct protection of fundamental rights. The third interpretation of this relationship maintains that that judicial decisions may be subject to control but, in this specific case, the Constitutional Court may only issue an opinion (a statement rather than a binding decision which would cancel the lower court judgment. Then, it is up to the judicial authorities of the lower instance to adjust their judicial decision, which in the opinion of the Constitutional Court constitutes a violation of the constitutionally guaranteed rights

To What Extent are Domestic Penal Laws Retroactive for Crime ...

African Journals Online (AJOL)

Nafiisah

Hard or soft law most countries have at least a piece of statutory enactment, which provides for the non-retroactivity of penal law. Non retroactivity of penal laws also forms part of fundamental rights of the citizens in the Constitution, the supreme law of the country of the Republic of Mauritius which provide in its section 10(4).

Environmental law. 6. rev. and enlarged ed.

International Nuclear Information System (INIS)

1991-01-01

This pocketbook contains major federal regulation on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environments law is devided as follows: Constitutional law on the environment. Common administative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters waste management, protection against nuisances, nuclear energy are radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. The transitional provisons required for estaslishing the unified Germany are given in an annex. (orig.) [de

Freedom Of Expression In The View Of Community Law

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Ion Țuțuianu

2014-12-01

Full Text Available AbstractEven if freedom of expression is one of the most disputed topics in the last few years, it’s also true that a democratic society cannot be conceived without respecting this fundamental right. Its regulation was in hands of the doctrine but also of the legal practice and the recent international bodies have given sustained attention through the European Convention on Human Rights:  the Treaty of Establishment of a Constitution for Europe; the Constitutions of the democratic countries and of Romania, the special laws: the Civil Code, the Criminal Code or the Press Law No. 9/1996 but also the article 30 of the Constitution. Freedom of speech does not include the excess of journalists too, that is why there are also limits  in the disclosures made under this right that has to provide legitimate interest, the pronouncement of a court, the right of a sanctioned journalist to appeal to a higher court.  Key words:  law, freedom, Europe, expression

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

International Nuclear Information System (INIS)

Anon.

1986-01-01

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

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

National And European Law: Problem Of Implementation

Directory of Open Access Journals (Sweden)

Olga M. Mesheriakova

2014-09-01

Full Text Available Present article is devoted to one of the main problems for all integration communities –problem of implementation of the integration law norms in the national legal system of member states. Author, on the example of certain member states of the European Union considers mechanism of the European Union law action in it's member states. In the article constitutional norms of the number of member states which set a ratio of the national and European laws are analyzed. According to the principle of competence giving, member states voluntary transfer part of the competence to the European Union. Competences which are transferred to the member states are the competences of the European Union. In the course of research author investigates opinions of scientists and analyze regulations. Author pays separate attention to the question of the European Union creation. For example, author notes that consideration by the Federal Constitutional Court in Karlsruhe of the question of compliance of the Treaty to the Constitution of Germany became neither more nor less a most important milestone on the way of Treaty on the European Union ratification by Germany. In the decision on this matter Court defined a number of reference points for the purpose of possible excise if the European integration elimination out of those limits which are set for the government of Germany by its Constitution. The decision of the Constitutional Court of Germany though meant approval of the Treaty on the European Union in the political sense, it was nevertheless unambiguously directed against broad interpretation and federalist vision of the European integration. It is obvious that states, on the basis of constitutional norms may leave contracts that are burdensome for them. It concerns not only international treaties, but also Treaties of the European Union.

Case law and administrative decisions

International Nuclear Information System (INIS)

Anon.

2004-01-01

Two points are related in case law: the judgement of the appeal court of Limoges regarding the dumping of radioactive waste by Cogema, and the judgement of the slovak constitutional court on Greenpeace claim. (N.C.)

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.

EU external relations law : text, cases and materials

NARCIS (Netherlands)

Van Vooren, Bart; Wessel, Ramses A.

2014-01-01

This major new textbook for students in European law uses a text, cases and materials approach to explore the law, politics, policy and practice of EU external relations, and navigates the complex questions at the interface of these areas. The subject is explored by explaining major constitutional

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.

[The role of the Constitutional Court on the analysis of contracts of prepaid medicine programs].

Science.gov (United States)

Quintana-Cepeda, Anamaría

2016-01-01

Since 1991, when the current Colombian Constitution came into force and the Constitutional Court was appointed as its guardian and protector, constitutional values have permeated all subjects and areas of law, even those that were previously considered as private matters. Prepaid medicine contracts are a good example of this phenomenon, since the Colombian Constitutional Court has limited individual freedom of contract to private parties -prepaid medical companies- for the benefit of final users of this service through "acción de tutela", in order to protect the right to healthcare and to prevent some behaviors that violate the principle of good faith. The Court has demanded private companies to assess the health condition of patients and has prohibited pre-existent and exclusion clauses that diminish the responsibilities of said companies. Nevertheless, there is a gap in the law regarding the duties of good faith that concern the user, which will be addressed in this paper.

Deep Convolutional Neural Networks for Classifying Body Constitution Based on Face Image.

Science.gov (United States)

Huan, Er-Yang; Wen, Gui-Hua; Zhang, Shi-Jun; Li, Dan-Yang; Hu, Yang; Chang, Tian-Yuan; Wang, Qing; Huang, Bing-Lin

2017-01-01

Body constitution classification is the basis and core content of traditional Chinese medicine constitution research. It is to extract the relevant laws from the complex constitution phenomenon and finally build the constitution classification system. Traditional identification methods have the disadvantages of inefficiency and low accuracy, for instance, questionnaires. This paper proposed a body constitution recognition algorithm based on deep convolutional neural network, which can classify individual constitution types according to face images. The proposed model first uses the convolutional neural network to extract the features of face image and then combines the extracted features with the color features. Finally, the fusion features are input to the Softmax classifier to get the classification result. Different comparison experiments show that the algorithm proposed in this paper can achieve the accuracy of 65.29% about the constitution classification. And its performance was accepted by Chinese medicine practitioners.

A thermodynamically consistent constitutive theory for a rigid solid-stokesian fluid mixture

International Nuclear Information System (INIS)

Mattos, H.C.; Costa, M.L.M.; Sampaio, R.; Gama, R.M.S. da.

1992-01-01

This work is concerned with the modelling for the flow of a stokesian fluid through a rigid porous medium, using a Theory of Mixtures viewpoint. A systematic procedure to obtain constitutive relations that verify automatically the principle of objectivity and a local version of the second law of Thermodynamics is proposed. The prescription of two thermodynamic potentials for each constituent is sufficient to define a complete set of constitutive relations. (author)

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)

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.

The rule of law approach to regulating electricity supply in Nigeria ...

African Journals Online (AJOL)

Journal of Sustainable Development Law and Policy (The) ... It assesses potential conflict between principles of market orthodoxy and those of constitutional governance and argues for a rule-of-law approach to regulation post-privatization ... Keywords: Liberalization, Privatization, Regulation, Market Efficiency, Rule of Law ...

A nonlinear magneto-thermo-elastic coupled hysteretic constitutive model for magnetostrictive alloys

International Nuclear Information System (INIS)

Jin Ke; Kou Yong; Zheng Xiaojing

2012-01-01

This paper presents a general hysteretic constitutive law of nonlinear magneto-thermo-elastic coupling for magnetostrictive alloys. The model considered here is thermodynamically motivated and based on the Gibbs free energy function. A nonlinear part of the elastic strain arising from magnetic domain rotation induced by the pre-stress is taken into account. Furthermore, the movement of the domain walls is incorporated to describe hysteresis based on Jiles–Atherton's model. Then a set of closed and analytical expressions of the constitutive law for the magnetostrictive rods and films are obtained, and the parameters appearing in the model can be determined by those measurable experiments in mechanics and physics. Comparing this model with other existing models in this field, the quantitative results show that the relationships obtained here are more effective to describe the effects of the pre-stress or in-plane residual stress and ambient temperature on the magnetization or the magnetostriction hysteresis loops. - Highlights: ► A general hysteretic constitutive law of nonlinear magneto-thermo-elastic coupling for magnetostrictive materials is proposed. ► Model is thermodynamically motivated and the reversible magnetic domain rotation and irreversible domain wall motion are taken. ► The predictions are in good accordance with the experimental data including both rods and films. ► Magnetostrictive alloys are sensitive to environment temperature and pre-stress or residual stress.

On the constitutive description of the microinteractions concept in steam explosions

Energy Technology Data Exchange (ETDEWEB)

Chen, X.; Yuen, W.W.; Theofanous, T.G. [Univ. of California, Santa Barbara, CA (United States)

1995-09-01

This paper elaborates on the constitutive description of the {open_quotes}microinteraction{close_quotes} model used by the computer code ESPROSE.m to simulate the propagation phase of steam explosions. The approach is based on a series of experiments, in the SIGMA-2000 facility, involving molten drops of tin made to explode under sustained pressure fields; an environment similar to that of a fully-developed large-scale detonation. The experimental ranges cover shock pressures of up to 204 bar, melt temperatures of up to 1800{degrees}C, and series of isothermal runs, using gallium drops, are also included. The results indicate that, to a first approximation, the basic form of the constitutive laws hypothesized in the original formulation of ESPROSE.m is appropriate. Moreover, through detailed comparison of data with numerical experiments, certain parameters appearing in these laws could be identified quantitatively.

The Konrad mine. No more recourse to law?; Schacht Konrad. Auf dem Rechtsweg am Ende?

Energy Technology Data Exchange (ETDEWEB)

Schneider, Horst

2010-01-15

The constitutional guarantee in Article 19, Para. 4 of the Basic Law, expressed as a fundamental right, implies that everybody whose rights were violated by public action may have recourse to law. These constitutional principles, of course, also apply to the execution of atomic laws and to resorting to courts of law against actions by federal and state authorities under the Atomic Energy Act. This guaranteed recourse to law may, even if possibilities of so-called immediate execution of decisions by authorities are employed, lead to proceedings dragging on for years but, in the end, will result in legal certainty. The plans approval decision about construction and operation of the Konrad Mine as a repository for radioactive waste was passed in May/June 2002 and, as expected, became the subject of litigation. In late March 2007, the Federal Administrative Court rejected the complaints on very detailed grounds. This constituted the end of the legal measures open under administrative law. In the German system of legal redress, this then leaves everybody the possibility to bring a complaint for unconstitutionality to the Federal Constitutional Court, provided a violation of basic rights is claimed. This approach was taken by 2 complaining parties. The complaint for unconstitutionality by the city of Salzgitter was rejected in a decision of non-acceptance in February 2008. On November 26, 2009, the Federal Constitutional Court reported that it had unanimously decided not to accept the complaint of unconstitutionality on November 10. This decision of non-acceptance by the Federal Constitutional Court must be seen both in a confirmatory light 'after Konrad' and in a sense of anticipation 'before Gorleben'. This completes the possibilities of having recourse to law in Germany. The only course remaining open is to appeal to the European Court of Human Rights, which is what the private prosecutor had announced earlier. (orig.)

Italian law on medically assisted reproduction: do women's autonomy and health matter?

Science.gov (United States)

Riezzo, Irene; Neri, Margherita; Bello, Stefania; Pomara, Cristoforo; Turillazzi, Emanuela

2016-07-23

In Italy in 2004, a very restrictive law was passed on medically assisted reproduction (MAR) (Law 40/2004) that placed Italy at the most conservative end of the European spectrum. The law was widely criticized and many couples seeking MAR brought their cases before the Italian Civil Courts with regard to pre-implantation genetic diagnosis (PGD), donor insemination and the issue of consent. Ten years on, having suffered the blows of the Italian Constitutional Court, little remains of law 40/2004. In 2009, the Constitutional Court declared the maximum limit of the number of embryos to be produced and transferred for each cycle (i.e. three), as stated in the original version of the law, to be constitutionally illegitimate. In 2014, the same Court declared as unconstitutional the ban on donor insemination, thus opening the way to heterologous assisted reproduction. Heterologous MAR is therefore perfectly legitimate in Italy. Finally, in 2015 a further ruling by the Constitutional Court granted the right to access MAR to couples who are fertile but carriers of genetic diseases. However, there is still much room for criticism. Many couples and groups are still, in fact, excluded from MAR. Same-sex couples, single women and those of advanced reproductive age are, at the present time, discriminated against in that Italian law denies these subjects access to MAR. The history of Law 40/2004 has been a particularly troubled one. Numerous rulings have, over the years, dismantled much of a law constructed in violation of the rights and autonomy of women and couples. However, a number of troubling issues still exist from what is left of the law and the debate is still open at national and transnational level regarding some of the contradictions and gaps in the law highlighted in this article. Only by abolishing the final prohibitions and adopting more liberal views on these controversial yet crucial issues will Law 40/2004 become what it should have been from the start, i.e. a

VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

Alina Leția

2013-11-01

Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

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...

Water, law, science

Energy Technology Data Exchange (ETDEWEB)

Narasimhan, T.N.

2007-10-17

In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

Constitutionalization of international investment law: Indirect expropriation cases, fair and equitable treatment

Directory of Open Access Journals (Sweden)

César Higa

2013-12-01

Full Text Available The purpose of this paper is to explore the impact of international investment law rules in the Economic Constitutional Law, especially those included in investment chapters of Peruvian’s Free Trade Treaties. In particular, it is expected to demonstrate the following (i International Investment Law is part of Peruvian Legal System; (ii provisions of these laws are mandatory and should be applied domestically; and (iii interpretation and implementation of this legal right should be executed consistently with domestic legal system and Peruvian international obligations. This agreed Interpretation between Investment Law and Economic Constitution will have a positive effect in rationalization of public entities actions avoiding abuses and maltreatment to investors, in order to improve investment climate as a key element forachieving country’s sustainable development.

Water, law, science

Science.gov (United States)

Narasimhan, T. N.

2008-01-01

SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

Towards Viscoplastic Constitutive Models for Cosserat Rods

OpenAIRE

Dörlich Vanessa; Linn Joachim; Scheffer Tobias; Diebels Stefan

2016-01-01

Flexible, slender structures like cables, hoses or wires can be described by the geometrically exact Cosserat rod theory. Due to their complex multilayer structure, consisting of various materials, viscoplastic behavior has to be expected for cables under load. Classical experiments like uniaxial tension, torsion or three-point bending already show that the behavior of e.g. electric cables is viscoplastic. A suitable constitutive law for the observed load case is crucial for a realistic simul...

Military Guilty Plea Inquiry: Some Constitutional Considerations.

Science.gov (United States)

1987-01-01

have given some constitutional definition to the requirement that a plea be voluntarily made. A threat by FBI agents to publish untrue statements about...Townsend v. Burke, the Supreme Court held that, where an accused was held incommunicado for forty hours by government 53 agents , his guilty plea...understands the sentence limitations imposed by the agreement; (4) strike down conditions in the pretrial agree- ment which are violative of the law, public

The Treaty of Maastricht and energy law

International Nuclear Information System (INIS)

Tettinger, P.J.; Pielow, J.C.

1994-01-01

In December 1993 a German-Spanish colloquy on topical questions of community law as well as national and supra-national energy law was held at the Institute of Mining and Energy Law at Bochum. Discussions centered around the constitutional issues surrounding the treaty establishing the European Union of 7th February 1992, which came into force on 1st November 1993, and its implications for the national regulatory systems in the energy economy. Against this background the most recent developments in energy law and energy policy in Spain and the Federal Republic of Germany were described. (orig./HP) [de

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.

The evolution of the Constitutional Protection of Women’s Human Rights in Colombia

Directory of Open Access Journals (Sweden)

Sandra MORENO FLÓREZ

2011-04-01

Full Text Available Human rights were first acknowledged in Colombia in the 1991 Constitution, bringing up a catalogue of specific rights in favour of the female population whose implementation has been possible thanks to the Constitutional Court’s decisive compromise on the struggle against gender discrimination. This way, since the incorporation of the gender perspective in the Colombian Law, great progress has been obtained in the effectiveness of the constitutional normative framework and in the consequent effective protection of women’s human rights in legally relevant different ambits of life.

On the constitutionality of dose limiting values

International Nuclear Information System (INIS)

Goetz, V.

1976-01-01

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

The Practice of Informal Changes to the Ethiopian Constitution …

African Journals Online (AJOL)

Nigussie Afesha

there are time-honoured practices that regulate and continue to guide the course of ... Boston College Law School”, Legal Studies Research Paper Series, No, 327 p. 1062. .... The first section deals with conceptual and theoretical frameworks of ... of the political community.24 For this reason, every constitution must provide.

Typicality of Incest in Common-law Marriages

Directory of Open Access Journals (Sweden)

Yor Alexander Casas Villamizar

2015-04-01

Full Text Available This article shows the way Law 54 of 1990 defined common-law marriage in Colombia. Legally, common-law marriage is a way to constitute a family through natural ties. This family is expressed in the Superior Statute, which establishes this union as the essential core of the society, acquiring integral quality within the social state of law and forcing the State and the society to protect it as a legal right by means of the Criminal Law. Incest –understood as carnal knowledge or other sexual act with a predecessor, descendant, adoptive parent, or sibling– destabilizes and imperils the family institution. Common-law marriages composed by incestuous relatives are a punishable behavior and not a marital estate.

Nanoplasmonics beyond Ohm's law

DEFF Research Database (Denmark)

Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren

2012-01-01

-of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

"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)

Atomic energy laws in Germany

International Nuclear Information System (INIS)

Lukes, R.H.P.

1980-01-01

The regulations of German atomic energy laws are based in large on the fundamental law of the Federal Republic of Germany-the constitution. Atomgesetz of 1959, as amended on October 31, 1976, constitutes the core of atomic energy laws (Atomrecht), and is supplemented by orders (Verordnungen). The Federal Republic has the right to legislate Atomrecht, and the enforcement of such laws and orders is entrusted to each province. The peaceful uses of radioactive materials are stipulated by Atomgesetz and orders. Atomgesetz seeks two objects, first it is to enable the handling of radioactive substances for the acquisition of energy, medical treatment, food treatment and the harmless examination of things by radioactive materials, and secondly to ensure the protection from danger in the handling of such materials. The control of radioactive materials by the state including imports and exports, storage and possession, disposal and processing, etc., is established by the law to secure the protection from danger of atomic energy. The particular indemnification responsibility for the harm due to radiation is defined in Atomgesetz, and only the owners (Inhaber) of atomic energy facilities are liable for damage. The violation of the regulations on the transaction of radioactive materials is punished by fines up to 100,000 German marks of imprisonment of less than five years. Orders are established on roentgen ray, the protection from radiation, the treatment of foods by electron beam, gamma ray, roentgen ray or ultraviolet ray and the permission of medicines. The regulations of the EURATOM treaty have legality as Atomrecht. (Okada, K.)

Environmental law. 2. rev. and enl. ed.; Umweltrecht

Energy Technology Data Exchange (ETDEWEB)

Koch, H.J. (ed.) [Hamburg Univ. (Germany). Forschungsstelle Umweltrecht

2007-07-01

The text book under consideration already is addressed to lawyers and students of jurisprudence. It enables an introduction into the general environmental law and consists of sixteen autonomous chapters: (a) International law in the field of ecology (Matthias Buck, Roda Verheyen); (b) European and national environmental constitutional law (Johannes Caspar); (c) General environmental administrative law (Ulrich Ramsauer); (d) Pollution abatement law (Hans-Joachim Koch); (e) Water protection law (Silke Laskowski, Cornelia Ziehm); (f) Recycling economy law and waste management law (Martin Dieckmann, Moritz Reese); (g) Nature conservation law (Christian Maass, Peter Schuette); (h) Soil conservation law and contaminated sites law (Nikolaus Herrmann); (i) Energy legal regulations as an instrument of environmental protection (Wolfgang Ewer); (j) Atomic energy law (Klaus Jankowski); (k) Genetic engineering law (Ursula Prall); (l) Law of hazardous materials (Eckhard Pache); (m) Environmental law in planning law (Nikolaus Hermann); (n) Environment and traffic (Philipp Hermann, Ekkehard Hofmann); (o) Agriculture and ecology (Ulf-Henning Moeker); (p) Liberal trade and environmental protection (Matthias Buck).

THE PLACE OF POLITICAL PARTIES IN A DEMOCRATIC STATE, THROUGH THE GLASS OF CONSTITUTIONAL REVIEW

Directory of Open Access Journals (Sweden)

Valentina BĂRBĂȚEANU

2017-05-01

Full Text Available Political parties are nowadays key actors in democratic societies, shaping social mentalities, creating and following ideologies, inducing common vision, establishing targets and ideals. Their main goal is gaining the political power by conquering the access to the highest levels of decision in the State. They are based on the freedom of association and, unlike other associations, they have a specific constitutional and legal position because they are defining and giving expression to the citizens' political will, in respect of the principles of democracy. Romanian Basic Law provides that political pluralism represents one of the supreme values of the Romanian State governed by the rule of law. In this context, the Constitutional Court has solved, over the years, various issues regarding the political parties. Authorities of constitutional jurisdiction in European countries have also been asked to express, one way or another, their opinion in connection with the activity of the political parties. Taking into consideration their importance for a healthy democratic system, the European Commission for Democracy through Law -Venice Commission has paid special attention to the complexity of aspects involved by the protection of democratic values.

Law Studies

Directory of Open Access Journals (Sweden)

G. P. Tolstopiatenko

2014-01-01

Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

CONSTITUTIONALIZATION OF ADMINISTRATIVE LAW AND REVIEWABILITY OF THE ADMINISTRATIVE DISCRETION

Directory of Open Access Journals (Sweden)

Luiz Henrique Urquhart Cademartori

2016-07-01

Full Text Available The aim of this article is to conduct an analysis of the constitutionalization of Administrative Law, which results from changes in the rule of law and, under a theoretical standpoint, from the paradigm shift of legal exegesis followed by the advent of neo-constitutionalism, which poses the Constitution as the parameter for the interpretation of the other legal branches. Within this context, considering that the concept of administrative discretion goes through interpretation changes and that administrative activity is performed within the boundaries of discretion, this power/duty must always be used with substantial regulatory criteria in order to get the maximum effectiveness of the constitutional rules, thus being subjected to review. In this sense, it is demonstrated that a public official cannot in any way deviate from the realization of the fundamental rights guaranteed by the Constitution, hence stating the reviewability of the administrative discretion.

Ecology and basic laws

International Nuclear Information System (INIS)

Mayer-Tasch, P.C.

1980-01-01

The author sketches the critical relation between ecology and basic law - critical in more than one sense. He points out the incompatibility of constitutional states and atomic states which is due to constitutional order being jeopardised by nuclear policy. He traces back the continuously rising awareness of pollution and the modern youth movement to their common root i.e. the awakening, the youth movement of the turn of the century. Eventually, he considers an economical, political, and social decentralization as a feasible alternative which would considerably relieve our basic living conditions from the threatening forms of civilization prevailing. (HSCH) [de

Medical negligence and the law.

Science.gov (United States)

Murthy, K K S R

2007-01-01

After the Consumer Protection Act, 1986, came into effect, a number of patients have filed cases against doctors. This article presents a summary of legal decisions related to medical negligence: what constitutes negligence in civil and criminal law, and what is required to prove it.

German nuclear law day 2004 - a conference report

International Nuclear Information System (INIS)

Anon.

2005-01-01

Topical issues of nuclear law constituted the main subjects discussed at the 2004 German Nuclear Law Day organized in Berlin on November 11 to 12, 2004. The agenda included actual issues potentially arising from the topics final storage of nuclear waste, financing a new site search for a repository, and supervision of nuclear installations. Experts from the administration of justice, the federal and state governments, law offices, universities, and the industry discussed the matters in 14 lectures. (orig.)

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...

Climate protection laws in Taiwan

International Nuclear Information System (INIS)

Chiu, Yen-Lin Agnes

2014-01-01

The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.

Implementation of thermo-viscoplastic constitutive equations into the finite element code ABAQUS

International Nuclear Information System (INIS)

Youn, Sam Son; Lee, Soon Bok; Kim, Jong Bum; Lee, Hyeong Yeon; Yoo, Bong

1998-01-01

Sophisticated viscoplatic constitutive laws describing material behavior at high temperature have been implemented in the general-purpose finite element code ABAQUS to predict the viscoplastic response of structures to cyclic loading. Because of the complexity of viscoplastic constitutive equation, the general implementation methods are developed. The solution of the non-linear system of algebraic equations arising from time discretization is determined using line-search and back-tracking in combination with Newton method. The time integration method of the constitutive equations is based on semi-implicit method with efficient time step control. For numerical examples, the viscoplastic model proposed by Chaboche is implemented and several applications are illustrated

The Second Look in European Union Competition Law

DEFF Research Database (Denmark)

Sørensen, Jakob B; Torp, Kristian

2017-01-01

Under European Union (EU) law, arbitrators and national courts are obligated to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute grounds for setting aside...... the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and Sweden based on two recent decisions by the national Supreme Courts. It concludes that under Scandinavian procedural law, courts will generally...... a framework for understanding the interplay between national and EU law, at least in the Scandinavian countries....

Object-oriented Programming Laws for Annotated Java Programs

Directory of Open Access Journals (Sweden)

Gabriel Falconieri Freitas

2010-03-01

Full Text Available Object-oriented programming laws have been proposed in the context of languages that are not combined with a behavioral interface specification language (BISL. The strong dependence between source-code and interface specifications may cause a number of difficulties when transforming programs. In this paper we introduce a set of programming laws for object-oriented languages like Java combined with the Java Modeling Language (JML. The set of laws deals with object-oriented features taking into account their specifications. Some laws deal only with features of the specification language. These laws constitute a set of small transformations for the development of more elaborate ones like refactorings.

Helmholtz solitons in power-law optical materials

International Nuclear Information System (INIS)

Christian, J. M.; McDonald, G. S.; Potton, R. J.; Chamorro-Posada, P.

2007-01-01

A nonlinear Helmholtz equation for optical materials with regimes of power-law type of nonlinearity is proposed. This model captures the evolution of broad beams at any angle with respect to the reference direction in a wide range of media, including some semiconductors, doped glasses, and liquid crystals. Exact analytical soliton solutions are presented for a generic nonlinearity, within which known Kerr solitons comprise a subset. Three general conservation laws are also reported. Analysis and numerical simulations examine the stability of the Helmholtz power-law solitons. A propagation feature, associated with spatial solitons in power-law media, constituting a class of oscillatory solution, is identified

Can Environmental Law be standardized

International Nuclear Information System (INIS)

Sendler, H.

1981-01-01

The author makes basic considerations on standardizability both in Constitutional Law and in simple Legislative Law. He discusses in detail a key issue of Environmental Law, namely the standardization of the right of third parties affected to file suit. In painstaking detail work one has to differentiate between standards having and not having an effect which protects third parties, and how far the protection of third parties goes. The limits to standardizability are reached with the use of undetermined legal terms. The shortcomings of standardizability for the legislator could and should be made up for by the statutory power which has to reify standards in a way which could guarantee efficient execution. (HSCH) [de

Review and prospects of Atomic Energy Law

International Nuclear Information System (INIS)

Hartkopf, G.

1983-01-01

At the 7th German Symposium on Atomic Energy Law which took place on March 16th, 1983 in Goettingen the Undersecretary of State of the Federal Ministery of the Interior, Dr. Guenter Hartkopf, delivered the opening speech. The speech deals with the conditions set by constitutional law and ethics, improvement of nuclear liability, guide line for incident response, participation of the public in licensing procedures under atomic energy law, necessary measures to prevent damage, the concept of waste management. Also in future the safety of the citizens has absolute priority. (orig./HSCH) [de

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.

Сontemporary forms of protection of the constitution: comparative legal aspects

Directory of Open Access Journals (Sweden)

Д. П. Таран

2015-11-01

regimes including Ukraine. Ukraine should approach conceptually this problem especially in nowadays conditions as far as there is a real threat to the territorial integrity and independence. Conclusions of the research. Protection forms of the constitution are in a certain system therefore they can be divided into: – constructive forms of protection (a special procedure for amending the constitution and its adoption, a prohibition of the restriction and distortion of the fundamental rights by the law; – blocking forms (president's veto, the veto of the upper house of parliament, etc.; – repressive forms (a prohibition of political parties and other associations, divestment, lustration restrictions; – constitutional responsibility of the authority (president’s impeachment, dissolution of parliament, etc.; – preliminary and subsequent constitutional control; – extreme forms of protection: the right to revolt, emergency legislation, emergency and martial law.

Bavarian Constitutional Court, judgement of November 27, 1985 (Parliamentary investigating committee, concerning the Wackersdorf reprocessing plant)

Energy Technology Data Exchange (ETDEWEB)

1986-10-01

The decision deals with the refusing of an application to establish a parliamentary investigation committee concerning to the reprocessing plant Wackersdorf. Pursuant to Art. 25 para. 1 of the Bavarian Constitution especially the principle of separation of powers (Art. 5 Bavarian Constitution) and the rule of law (Art. 3 para. 1 Bavarian Constitution) have to be regarded, according to which the central part of the executive power is not subject to parliamentary control.

Bavarian Constitutional Court, judgement of November 27, 1985 (Parliamentary investigating committee, concerning the Wackersdorf reprocessing plant)

International Nuclear Information System (INIS)

Anon.

1986-01-01

The decision deals with the refusing of an application to establish a parliamentary investigation committee concerning to the reprocessing plant Wackersdorf. Pursuant to Art. 25 para. 1 of the Bavarian Constitution especially the principle of separation of powers (Art. 5 Bavarian Constitution) and the rule of law (Art. 3 para. 1 Bavarian Constitution) have to be regarded, according to which the central part of the executive power is not subject to parliamentary control. (WG) [de

Federal Constitutional Court - report on Court decisions 1984 no. 40-56

International Nuclear Information System (INIS)

Berkemann, J.

1985-01-01

The decision deals with the question to which extent administrative courts have to examine the case in summary proceedings against licences pursuant to Atomic Energy Law. The Federal Constitutional Court examines the question if the administrative court has, in checking the chances, misjudged the importance of the appellant's fundamental rights and thus infringed his constitutionally protected position. In this case, the Court comes to the result that after having adjusted the determined interests, the confirmation of immediate execution did not infringe the fundamental rights of the appellant. (HP) [de

Living or Dead? Specifics of the Language of the Second Amendment to the U.S. Constitution

Directory of Open Access Journals (Sweden)

Kraśnicka Izabela

2014-09-01

Full Text Available The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights.

All in the family: law, medicine and bioethics.

Science.gov (United States)

Parker, Malcolm

2008-02-01

In this first Bioethical Issues column the author outlines some of the distinctions and congruities between ethics and law, and between bioethics and medical law. The evidence for connections is obvious and wide-ranging, appearing within health and medical education, the academic literature, statute and case law, professional guidelines and the activities of professional associations, the history of legal practice and philosophical inquiry, and the emergence of human rights theory and applications. The interpenetration of morals and law is examined first by briefly tracing the development of natural law and legal positivism. These links are then developed through a number of examples which are the subjects of both bioethical and legal interest: decision-making capacity, what constitutes good medical practice in the advance care planning context, sex selection, embryo experimentation and posthumous conception. These topics illustrate some of the explicit and some of the less obvious ways in which moral considerations and medical law interact, and suggest that biolaw can involve inconsistencies and even obfuscation which, while difficult to avoid in plural societies, are appropriate areas for examination. In the final section the author argues that bioethics and medical law share some important logical features, including a prescriptivist, principled structure, which is subject to the related requirements of specification and universalisability. Again, medico-legal illustrations are used to support this proposal, which also constitutes a suitable topic for critique. Future columns will provide the opportunity for those who care about the issues of bioethics and medical law to share their thoughts and those of their colleagues.

Women's right to health and Ireland's abortion laws.

Science.gov (United States)

Taylor, Maeve

2015-07-01

The provision of the Irish Constitution that guarantees "the unborn" a right to life equal to that of a pregnant woman has consequences for access to abortion and the care of women in pregnancy generally. Long-awaited legislation to give effect to the narrow constitutional right to abortion was enacted into law in 2013. In 2014, a guidance document for health professionals' implementation of the legislation was published. However, the legislation and guidance document fall far short of international human rights bodies' recommendations: they fail to deliver effective procedural rights to all of the women eligible for lawful abortion within the state and create new legal barriers to women's reproductive rights. At the same time, cases continue to highlight that the Irish Constitution imposes an unethical and rights-violating legal regime in non-abortion-related contexts. Recent developments suggest that both the failure to put guidelines in place and the development of guidelines that are not centered on women or based on rights further reduce women's access to rights and set unacceptable limitations on women's reproductive autonomy. Nevertheless, public and parliamentary scrutiny of cases involving Ireland's abortion laws is increasingly focusing on the need for reform. Copyright © 2015 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

“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

[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.

Directory of Law-Related Education Projects. Third Edition. Working Notes, No. 12.

Science.gov (United States)

Kelly, Cynthia A., Ed.

Over 170 law-related education programs for elementary and secondary students are described. These programs involve more than one teacher and focus on the law, legal system, and legal process. Program content generally covers the Constitution; Bill of Rights; legal processes; and consumer, criminal, and juvenile law. Activities often include…

the rule of law – a pillar for an enduring constitutional democracy

African Journals Online (AJOL)

Fr. Ikenga

retrospective in effect, ie, conduct that was not a crime at a point in time should not be .... Judges should be guided by the rule of law, protect and enforces it without fear or ... despite the Court of Appeal nullifying the election in Ogun State.

Reforming Investor–State Dispute Settlement: A (Comparative and International) Constitutional Law Framework

NARCIS (Netherlands)

Schill, S.W.

As a result of the steep increase in investment arbitrations, and the problems this has brought to the fore, many reform efforts in international investment law focus on changes to investor–state dispute settlement (ISDS). Reform proposals, however, diverge widely (ranging from exiting the system

RENEWAL OF BASIC LAWS AND PRINCIPLES FOR POLAR CONTINUUM THEORIES (Ⅵ)-CONSERVATION LAWS OF MASS AND INERTIA

Institute of Scientific and Technical Information of China (English)

戴安民

2003-01-01

The purpose is to reestablish the coupled conservation laws, the local conservation equations and the jump conditions of mass and inertia for polar continuum theories. In this connection the new material derivatives of the deformation gradient, the line element, the surface element and the volume element were derived and the generalized Reynolds transport theorem was presented. Combining these conservation laws of mass and inertia with the balance laws of momentum, angular momentum and energy derived in our previous papers of this series, a rather complete system of coupled basic laws and principles for polar continuum theories is constituted on the whole. From this system the coupled nonlocal balance equations of mass, inertia, momentum, angular momentum and energy may be obtained by the usual localization.

CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW

Directory of Open Access Journals (Sweden)

ROXANA-MARIANA POPESCU

2012-05-01

Full Text Available The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.

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.

Creep-recovery constitutive equation and its time-independent limit

International Nuclear Information System (INIS)

Chang, S.J.

1978-01-01

The effect of strain recovery is taken into consideration in establishing a constitutive equation for metals at elevated temperatures. Internal state variables and Rice's flow potential are used in the representation. Growth law for the state variables is discussed and interpreted to be a more general form of the kinematic hardening condition. Yield condition is obtained from the flow law. Accordingly, the flow rule is established with the effect of the recovery mechanism, as a slightly general version of the time-independent theory with the kinematic hardening rule. In the discussion of the time-independent limit, the duration of time required for the inelastic strain to reach its saturated value is defined

Constitutional Principles of State Control in the Republic of Armenia

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Gabriel K. Balayan

2015-12-01

Full Text Available In the present article some of the provision of the RA Constitution’s basic principles of state control, which, in my opinion, should be guided by regulatory authorities during the inspection are discussed. These principles are considered by the author as the basis of the constitutionality of state control. Some of the control principles are divided by the author into positive and negative. Positive defines the principles that provide the freedom of action of man and citizen. Negative same principles are for government agencies, since they restrict their activities. A separate analysis is subject to the presidency on the basis of the principle of separation and balance of powers. In conclusion, author concludes that, based on the interpretation of the constitutional principles discussed, the term "law" applies only to natural and legal persons on the other hand can not be used as an analogue of the terms "authority" and "authority." According to the author, the fundamental constitutional principles of state control are expressed formally in a single system as defined in the first chapter of the Constitution of the Republic of Armenia. Compliance and reform of constitutional principles provide the synergy and the constitutionality of the process of governance.

THE INCORPORATION OF DOUBLE TAXATION AGREEMENTS INTO SOUTH AFRICAN DOMESTIC LAW

Directory of Open Access Journals (Sweden)

Izelle du Plessis

2015-11-01

Full Text Available There are different opinions as to the process whereby double taxation agreements (DTAs are incorporated into South African law. This contribution aims to discuss some of the existing opinions and to offer a further perspective on the matter. At the heart of the debate lies the interpretation of two provisions, namely section 231 of the Constitution of the Republic of South Africa and section 108 of the Income Tax Act and the interaction between the two. This contribution argues that South Africa's DTAs are not self-executing (a term referred to in section 231(4 of the Constitution and should therefore be enacted into law by national legislation. It is furthermore argued that section 108(2 of the Income Tax Act enables a DTA to be incorporated into South African domestic law, by means of publication in the Government Gazette. An analysis of the case law supports this argument. Whether or not DTAs are regarded as self-executing, the status of a DTA in relation to the Income Tax Act still has to be determined. In other words, once the DTA forms part of South African domestic law, does it rank higher, lower or on a par with the Income Tax Act? It is submitted that the status of DTAs in South Africa is determined by the Constitution. It is furthermore submitted that South Africa's DTAs do not attain a status on the same level as the Constitution and that the Constitution allows for the possibility that South Africa's DTAs may be overridden by subsequent legislation (for example, by amendments to the Income Tax Act. Whether or not an override will take place in a specific case should, it is submitted, be determined by the application of the principles of statutory interpretation which apply in the case of conflict. Although this latter submission finds support in the minority judgement in Glenister, both the AM Moolla and Tradehold decisions express contrary views. The hope is expressed that the South African courts will provide clarity on this

Technical rules in law

Energy Technology Data Exchange (ETDEWEB)

Debelius, J

1978-08-01

An important source of knowledge for technical experts is the state of the art reflected by catalogues of technical rules. Technical rules may also achieve importance in law due to a legal transformation standard. Here, rigid and flexible reference are controversial with regard to their admissibility from the point of view of constitutional law. In case of a divergence from the generally accepted technical rules, it is assumed - refutably - that the necessary care had not been taken. Technical rules are one out of several sources of information; they have no normative effect. This may result in a duty of anyone applying them to review the state of technology himself.

Technical rules in law

International Nuclear Information System (INIS)

Debelius, J.

1978-01-01

An important source of knowledge for technical experts is the state of the art reflected by catalogues of technical rules. Technical rules may also achieve importance in law due to a legal transformation standard. Here, rigid and flexible reference are controversial with regard to their admissibility from the point of view of constitutional law. In case of a divergence from the generally accepted technical rules, it is assumed - refutably - that the necessary care had not been taken. Technical rules are one out of several sources of information; they have no normative effect. This may result in a duty of anyone applying them to review the state of technology himself. (orig.) [de

Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010

Directory of Open Access Journals (Sweden)

Sri Budi Purwaningsih

2014-01-01

Full Text Available The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1 of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2016. Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1, 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.99

Validation of a New Elastoplastic Constitutive Model Dedicated to the Cyclic Behaviour of Brittle Rock Materials

Science.gov (United States)

Cerfontaine, B.; Charlier, R.; Collin, F.; Taiebat, M.

2017-10-01

Old mines or caverns may be used as reservoirs for fuel/gas storage or in the context of large-scale energy storage. In the first case, oil or gas is stored on annual basis. In the second case pressure due to water or compressed air varies on a daily basis or even faster. In both cases a cyclic loading on the cavern's/mine's walls must be considered for the design. The complexity of rockwork geometries or coupling with water flow requires finite element modelling and then a suitable constitutive law for the rock behaviour modelling. This paper presents and validates the formulation of a new constitutive law able to represent the inherently cyclic behaviour of rocks at low confinement. The main features of the behaviour evidenced by experiments in the literature depict a progressive degradation and strain of the material with the number of cycles. A constitutive law based on a boundary surface concept is developed. It represents the brittle failure of the material as well as its progressive degradation. Kinematic hardening of the yield surface allows the modelling of cycles. Isotropic softening on the cohesion variable leads to the progressive degradation of the rock strength. A limit surface is introduced and has a lower opening than the bounding surface. This surface describes the peak strength of the material and allows the modelling of a brittle behaviour. In addition a fatigue limit is introduced such that no cohesion degradation occurs if the stress state lies inside this surface. The model is validated against three different rock materials and types of experiments. Parameters of the constitutive laws are calibrated against uniaxial tests on Lorano marble, triaxial test on a sandstone and damage-controlled test on Lac du Bonnet granite. The model is shown to reproduce correctly experimental results, especially the evolution of strain with number of cycles.

Constitutional Foundations and Constitutionalization of IP Law - A Tale of Different Stories?

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen

2015-01-01

This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years to c...

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.

Comment on the decision of the Federal Constitutional Court of December 20, 1979

International Nuclear Information System (INIS)

Rauschning, G.

1980-01-01

The author analyzes critically the chain of reasoning the Federal Constitutional Court followed in its decision on the Muehlheim-Kaerlich Reactor. He comments on the grounds delivered for the admissibility of the complaint of unconstitutionality, on the mandatory obligation of the state to protect life and health as laid down in Para. 2 of Art. 2 of the Basic Law, on the possible, joint responsibility of the state for nuclear risks. The author stresses that the nullification of licences granted according to the Atomic Energy Law is not to be decided on the grounds of Para. 2 of Art. 20 of the Basic Law. No reference should be made to Basic Law constructions which are of a generalizing, dogmatic nature and might blow up our system of basic rights because of a supposedly special situation in the Atomic Energy Law. (HSCH) [de

The constitutional right subject: Beyond an analytical program

Directory of Open Access Journals (Sweden)

Caridad Rosa Jiménez-Morales

2017-12-01

Full Text Available Since the Cuban higher education must ensure the comprehensive training of students, with a strong scientific-technical, humanistic and high ideological values, political, ethical and aesthetic training, in order to achieve professional revolutionaries educated, competent independent and creators, so that they can perform successfully in the various sectors of the economy and society in general. The contribution of a group of teachers who have taught or teach the subject of Constitutional Law in the form of classroom study with the primary purpose of presentation of several curricular activities and extracurricular, as a reference point for his team, will provide an educational legacy to future generations of teachers, and assess their relevance for possible generalization in other university centers where the School of law is studied.

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...

Environment and nuclear law from the lawyer point of view

International Nuclear Information System (INIS)

Orol, A.M.

1978-01-01

This work has a two-fold purpose: first, to enunciate the characteristics of Environmental and Nuclear Law; and second, to take a glance at the lawyer's interest on these subjects. The beginnings of both subjects are different. Environmental law has evolved slower than Nuclear Law. Nuclear Law presents the following characteristics: strong state intervention, strong international cooperation, emphasis on the prevention of risks, and effective responsibility for nuclear risk. Environmental Law has as characteristics: a constitutional rank, horizontal authority, and diversified risk. A comparison between both laws could be undertaken on: state participation, legislative activity, institutional set up and organization, as well as on public participation through information. (author)

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.

New Literature on Law and Political Institutions in Indonesia

Directory of Open Access Journals (Sweden)

Karolina Prasad

2012-01-01

Full Text Available Reviews of new literature: Butt, Simon, and Tim Lindsey (2012, The Constitution of Indonesia: A Contextual Analysis Oxford: Hart Publishing (Constitutional Systems of the World Series, ISBN-13: 978-1849460187, 292 pages || Kimura, Ehito (2012, Political Change and Territoriality in Indonesia: Provincial Proliferation London: Routledge (Routledge Contemporary Southeast Asia Series, ISBN 9781136301810, 171 pages || Lindsey, Tim (2012, Islam, Law and the State in Southeast Asia: Volume I: Indonesia London – New York: Tauris I. B. (Islam, Law and the State in Southeast Asia Series, ISBN-13: 978-1848850651, 565 pages || Lukito, Ratno (2012, Legal Pluralism in Indonesia: Bridging the Unbridgeable London: Routledge (= Routledge Contemporary Southeast Asia Series 48, ISBN 9780415673426, 288 pages

The end of nuclear power? The conflict of politics, ecology and law

International Nuclear Information System (INIS)

Strassburg, W.

1999-01-01

The German federal government's demand to opt out of the peaceful use of nuclear power is examined under aspects of constitutional law. Constitutional barriers allow the peaceful use of nuclear power to be discontinued without any compensation only in the distant future. A general restriction of the useful life of plants does not constitute a modification of ownership rights but deprivation, i.e., expropriation. In this politically desired opt-out, the government also must bear in mind that the constitution protects not only the property but also the freedom to exercise their profession (Article 12, para. 1, German Basic Law) of all those who have been committed to this industry for decades. Also a national ban on reprocessing with transborder effects violates existing law, counteracting the requirement of a free exchange of goods and services within the single European market. Moreover, the existing reprocessing contracts with foreign companies may be terminated unilaterally only subject to indemnification, as they constitute obligations under international law, unless German customers were to exercise their contractual right to cancel. In addition, it is to be feared that discontinuation of the peaceful uses of nuclear power manifests itself in the absence of provisions for the back end of the fuel cycle. Prolonging the exploration of repositories and, consequently, relying more and more heavily on interim stores, is bound to raise the question of the evidence of spent fuel and waste management in these latter facilities. In the absence of sufficient proof of waste management provisions in interim stores, the accusation could be leveled that it was not certain whether these interim stores were not turning into final stores. (orig.) [de

Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law

Directory of Open Access Journals (Sweden)

L du Plessis

2009-12-01

Full Text Available This contribution focuses on the way in which the South African Constitutional Court has, since 1997, been dealing with the (seemingly eccentric claims of (assumedly idiosyncratic 'religious Others'. Developments in this regard have, for the time being at least, culminated in the Constitutional Court's landmark judgment in MEC for Education: KwaZulu Natal v Pillay 2008 (2 BCLR 99 (CC, 2008 (1 SA 474 (CC (hereafter Pillay. Constitutional Court judgments since 1997 manifesting the adjudication of such unconventional claims are assessed, eventually getting to Pillay as benchmark. This remarkable judgment, dealing with a deceptively mundane issue, has played a considerable role in fleshing out a jurisprudence of difference, putting an adherent of a vulnerable, minority religion in the right. This is not just a high point in the adjudication of constitutional entitlements of the religious (and cultural Other in South Africa, but also a significant contribution to the growth of a jurisprudence sensitive to the predicaments and constitutional entitlements of unconventional, 'non-mainstream' claimants of religious (and cultural rights. Finally Pillay illustrates that the constitutional guarantee of the right to freedom of religion, conscience, belief and opinion (entrenched in section 15(1 of the Constitution of Republic of South Africa 1996 can be crucially dependent upon due effect being given to the proscription of unfair discrimination on the grounds of religion, conscience, belief and opinion elsewhere (namely in section 9(3 of the Constitution.

Basic Substantive Law for Paralegals: Contracts, Torts, and Due Process.

Science.gov (United States)

Marcin, Raymond B.

Part of the paralegal, or legal assistant, training materials prepared by the National Paralegal Institution under a Federal grant, the text comprises an overview of the basic legal concepts usually found in introductory law courses concerning contracts, torts, and the due process area of constitutional law. Part 1, Contracts, covers: definition,…

The Use of Nonlinear Constitutive Equations to Evaluate Draw Resistance and Filter Ventilation

Directory of Open Access Journals (Sweden)

Eitzinger B

2014-12-01

Full Text Available This study investigates by nonlinear constitutive equations the influence of tipping paper, cigarette paper, filter, and tobacco rod on the degree of filter ventilation and draw resistance. Starting from the laws of conservation, the path to the theory of fluid dynamics in porous media and Darcy's law is reviewed and, as an extension to Darcy's law, two different nonlinear pressure drop-flow relations are proposed. It is proven that these relations are valid constitutive equations and the partial differential equations for the stationary flow in an unlit cigarette covering anisotropic, inhomogeneous and nonlinear behaviour are derived. From these equations a system of ordinary differential equations for the one-dimensional flow in the cigarette is derived by averaging pressure and velocity over the cross section of the cigarette. By further integration, the concept of an electrical analog is reached and discussed in the light of nonlinear pressure drop-flow relations. By numerical calculations based on the system of ordinary differential equations, it is shown that the influence of nonlinearities cannot be neglected because variations in the degree of filter ventilation can reach up to 20% of its nominal value.

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.

Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

International Nuclear Information System (INIS)

Lohse, S.; Doerner, E.

1992-01-01

The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

Public participation in nuclear licensing procedures from the viewpoint of constitutional law

International Nuclear Information System (INIS)

Mutschler, Ulrich

1981-10-01

This paper reviews public participation in the licensing procedure for nuclear installations, in particular in the Federal Republic of Germany. Examples are given of practical experience acquired to date, also in the field of case-law. Finally, the paper stresses the importance of public information in nuclear procedures in view of the growing concerns for the environment. (NEA) [fr

The Yearbook of Education Law, 2001.

Science.gov (United States)

Russo, Charles J., Ed.

This yearbook presents legal precedents for a broad spectrum of education-related issues. Drawing on 25 experts' research in education and law, the book opens with legalities concerning school employees. It examines discrimination, constitutional rights, due process, dismissal, nonrenewal, demotion, and discipline; duty; involuntary leaves;…

Swiss Federal Law on the Genetic Testing of Humans

OpenAIRE

森, 芳周

2009-01-01

To add an article against the misuse of a reproductive technology and a genetic engineering, theSwiss Federal Constitution was revised in 1992 through an initiative in 1987. On the basis of thisarticle of the constitution, the Reproductive Medicine Act and the Stem Cell Research Act wereenacted in turns; then, the Federal Law on the Genetic Testing of Humans was enacted in October2004. This paper treats a process of the revision of the constitution in 1992 and the enactment of thelaw in 2004....

Environmetal protection within the law relating to regional policy. Anchoring the climatic protection und the protection of biodiversity within the law relating to regional policy; Umweltschutz im Planungsrecht. Die Verankerung des Klimaschutzes und des Schutzes der biologischen Vielfalt im raumbezogenen Planungsrecht

Energy Technology Data Exchange (ETDEWEB)

Janssen, Gerold; Albrecht, Juliane [Leibniz-Institut fuer oekologische Raumentwicklung e.V., Dresden (Germany)

2008-03-15

The report is concerned with the anchoring of the climate protection within the law relating to regional policy. The report covers the following topics: (1) Fundamentals of planning policy: the regional planning legislation, municipal planning authority, constitutional provisos, environmental protection as constitutional principle; (2) climate protection laws: legal instruments; legal planning relevance of climate protection instruments deficiencies and protective effect; (3) biodiversity protection: laws concerning biodiversity, legal planning relevance of biodiversity protection instruments: deficiencies and protective effects.

Global Governance: A New Paradigm for the Rule of Law

Directory of Open Access Journals (Sweden)

Winston P. Nagan

2013-10-01

Full Text Available This article seeks to appraise the Rule of Law in the context of international sovereignty and the growth of international non-governmental organizations. The article explores the meaning of the Rule of Law and suggests that it is better understood as a symbol representing the most basic values that underline our global constitutional system. When we relate the global Rule of Law to the values and the global constitutional framework, we recognize that the Rule of Law and the global constitution are better secured if their authority base can be strengthened. The obvious way this can be done is by strengthening the role of non-governmental organizations within the framework of global governance. If we see the Rule of Law as a defense and promotion of basic values, we may then pose the question about the Rule of Law as an agent of change in a novel developmental construct. Here the author notes that the dynamism of technological change will only increase in the future. But technological change will result in more use of technology and less employment. The question then is, should the benefits of technology not be shared with the workers as well? If that is true, one of the obvious benefits of technology in relation to labor is to reduce the number of hours or days that the worker has to work. Leisure time could result in an aggregate distribution of human happiness. It could evolve into an incentive to generate enhanced human co-creative activity. We could possibly even imagine a second renaissance in the impact of human imagination on society. A modern renaissance. In short, such a development could stimulate the evolution of a human rights based aesthetic.

Dialogical Rule of Law and the Breakdown of Dialogue in the EU

NARCIS (Netherlands)

Kochenov, Dimitry; van Wolferen, Marinus

2018-01-01

Dialogue between different jurisdictional levels within complex constitutional systems is constantly on-going. Within the EU, this dialogue is an indispensable condition for the functioning of the Rule of Law, described as the tension between gubernaculum (the body of positive law) and jurisdictio

Copyright law and freedom of expression in South Africa | Holland ...

African Journals Online (AJOL)

This article acknowledges the conflict between copyright law and freedom of expression right in South Africa; it recognises the tension and conflict of the fundamental rights that is evident in the two case laws discussed. The author laments the absence of copyright provisions under the Bill of Rights of the Constitution as laid ...

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

Eurochemic and the law of the host country

International Nuclear Information System (INIS)

Busekist, O. von

1984-01-01

The problematics of the convention on the constitution of Eurochemic and the statute of the Company, the commercial law, the fiscal regime, the language problem as well as the labour relations are discussed. (AF)

Garantías constitucionales en la investigación tecnológica del delito: Previsión legal y calidad de la Ley // Constitutional guarantees in the technological investigation of the crime: legal provisions and quality of the law

Directory of Open Access Journals (Sweden)

Inmaculada López-Barajas Perea

2017-03-01

any modern system of law, and thus, it is also of our criminal court proceedings. For a long time, the Spanish Criminal Procedural Act, has lacked a regulation in relation to investigative acts that have been originated as a consequence of the appearance of modern technologies, and this has created not few procedural new problems. The legal reform undertaken by the Act 13/2015, dated October 5th, aims at solving this situation of lack of sufficient legislation. We study in this paper the demands arisen from the rule of law principle with the intention of determining whether the new Act 13/2015 properly defines the modalities and the scope of the power attributed to authorities, so as to afford individuals with an adequate protection against arbitrary exercise of authority. We intend to determine to what extent, and under what circumstances, intromissions in the constitutional rights recognized by Section 18 of the Spanish Constitution carried out as part of the above mentioned criminal investigations would be legitimate.

Pollution Law - Clean Air Act

International Nuclear Information System (INIS)

Schmitt Glaeser, W.; Meins, J.W.

1982-01-01

This volume deals with how the living space air is kept clean by means of the pollution law, focussing on the documentation of central problems of pollution law by means of selected articles and court decisions. The literature and jurisdiction available on this sector of which we can hardly keep track makes such a documentation look useful and necessary. It will make working easier for those who do not have direct access to large libraries. The only intention of the guide for the pollution law which preceeds the documentation is to outline basic problems. It is intended to provide basic information in this complex field of law. At the same time, it also constitutes a 'guide' for the documentation: By naming the documentation number in the margin of the respective passage reference is made to the documented publications which deal with the legal issues considered. Using this guide, the documentation can be easily tapped. (orig.) [de

An Authentic Interpretation of Laws

Directory of Open Access Journals (Sweden)

Teodor Antić

2015-01-01

Full Text Available Authentic interpretation of laws is a legal institute whereby a legislator gives the authentic meaning to a specific legal norm in case of its incorrect or diversified interpretation in practice. It has the same legal force as the law. Retroactivity and influence on pending cases are its inherent characteristics. Due to these characteristics and their relation to the principles of the rule of law, legal certainty and separation of powers, it is subjected to severe criticism not only by legal theory but also legal practice. The author analyses the institute of authentic interpretation from historical and comparative point of view and through the Croatian normative regulation, practice of the Croatian Parliament and academic debate, including opinions in favour as well as against it. On these grounds the author concludes that higher quality of law making procedure could make the authentic interpretation dispensable. On the other hand, should this institute be kept in the legal order it is essential to receive more effective constitutional control.

Time-Delay Effects on Constitutive Gene Expression*

International Nuclear Information System (INIS)

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

2017-01-01

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

The German Federal Constitutional Court's Ruling on Outright Monetary Transactions (OMT) - Another Step Towards National Closure?

OpenAIRE

Schiek, Dagmar

2014-01-01

The German Federal Constitutional Court (FCC) ruling of 14 January 2014 deserves a thorough evaluation on several accounts: It is the first ever reference by the FCC to the Court of Justice of the European Union (CJEU), it represents a continuation of FCC case law aimed at restricting the impact of European Union law as interpreted by the Court of Justices of the European Union (CJEU) on German law as well as questioning Germany’s participation in an ever closer European Union, and it has the...

Fundamental values in new democracies: The principle of representation in the Serbian Constitution

Directory of Open Access Journals (Sweden)

Pejić Irena

2014-01-01

Full Text Available In this paper, the author analyzes the process of establishing a system of fundamental values in the rule of law in the context of constitutional discontinuity by exploring the concept of representative mandate as a basic constitutional principle in new democracies. The first part contains general considerations on the relationship between the constituent power and the fundamental values, as well as the (nonlegal factors which should provide both for the establishment of constitutional rules and their interpretation for the purpose of upholding the fundamental values. The subject matter of analysis in the second part are citizens' value judgments on the representative mandate, which point out to the evolutive pattern underlying this principle both in the developed and in the developing democracies. Taking into account a discrepancy between the existing and the proclaimed constitutional system in Serbia, the third part of the paper contains a proposal for instituting a set of prospective constitutional measures to support citizens' value judgments on the representative mandate.

Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1989 (No. 12 of 1989).

Science.gov (United States)

1989-01-01

This document contains major provisions of the Constitution of the Federal Republic of Nigeria which was promulgated by decree in 1989. The Constitution guarantees every citizen equality under the law. Opportunities to secure employment without discrimination are protected; working conditions are to be safe and humane; adequate medical and health facilities are to be available; pay equity is assured; vulnerable groups (children, the aged, and the disabled) are to receive social protection; and the free movement of citizens is assured. The third part of the constitution establishes a national population census which is to be submitted to the President of the country for acceptance.

Human Dignity – Constitutional Principle of Fundamental Human Rights

Directory of Open Access Journals (Sweden)

Lucian Pop

2011-07-01

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

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.

Online dispute resolution and models of relational law and justice: a table of ethical principles

OpenAIRE

Casanovas, Pompeu

2014-01-01

Regulatory systems constitute a set of coordinated complex behavior (individual and collective) which can be grasped through rules, values and principles that constitute the social framework of the law. Relational law, relational justice and the design of regulatory models can be linked to emergent agreement technologies and new versions of Online Dispute Resolution (ODR) and Negotiation Support Systems (NSS). We define the notions of public space and information principles, extending the con...

Environmental impact evaluation: law no. 16.466 of 1994 01 14 and regulations

International Nuclear Information System (INIS)

2007-01-01

No.16.466 law of January 9, 1994, known as the Law on Prevention and Environmental Impact Assessment EIA or just law is probably the law marked the beginning of a new generation of environmental standards in Uruguay, together with other like Hazardous Waste Act (Act 17 220 1999), the law of Natural Protected Areas System (Law 17 234 2000) and especially the General Law Protection Environment (Law no. 17 283 of November 28, 2000), but which also reaches to the Constitution of the Republic, with the inclusion of environment in the new wording of Article 47 of the 1996 reform.

Developments in the Law--Section 1981.

Science.gov (United States)

Aguilar, Javier; And Others

1980-01-01

Reviews the history and current state of the law under Section 1981 of the Civil Rights Act of 1866. Suggests how it may be interpreted to maintain its vitality as a guarantee of racial equality. Considers actionable discrimination claims, protected interests, prima facie evidence, constitutional defenses, immunities, and procedural issues.…

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

African Journals Online (AJOL)

The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse land control system. The law has been integral to this process. Since 1994, within a constitutional ...

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.

The Illusive Nature of ‘Russian International Law

Directory of Open Access Journals (Sweden)

Gleb Bogush

2015-01-01

Full Text Available The monograph written by Estonian international law scholar Lauri Mälksoo is impressively well-timed. The record of recent international legal developments involving Russia is striking: the annexation of Crimea and the armed conflict in Ukraine, Russia’s ‘sanctions war’ with the United States and the European Union, nonrecognition and non-compliance with the international arbitral award in the Yukos case, and earlier, in 2013, Russia’s boycott of the proceedings at the International Tribunal for the Law of the Sea. Most recently, already subsequent to the publication of Russian Approaches to International Law, in July 2015 the Russian Constitutional Court sent a message of open disregard to Strasbourg by declaring that the judgments of the European Court of Human Rights could not be implemented in Russia if they contradicted the Russian Constitution. In all these instances the Russian government relied on its own reading of international law, which appeared not only to be strikingly different from that of the vast majority of states, but often detrimental to the foundations of the discipline. One might wonder whether these events are just the excesses of authoritarian power-politics, or more fundamentally grounded. Specifically, is there any special Russian international school of legal thought (referred to below as ‘Russian international law’? And if there is, may it serve as a plausible alternative to Western-centric contemporary international law? Lauri Mälksoo’s book is the first genuine response to these questions.

Yearbook of environmental and engineering law 1990

International Nuclear Information System (INIS)

Marburger, P.

1990-01-01

The yearbook 1990 again contains individual contributions on German, foreign, and international environmental and engineering law. Beginning with this volume, there will always be a detailed report on previous year developments in environmental and engineering law in order to master the continuously increasing legal material. Some contributions - there are others - deal with the following subjects: Legislative need to act in matters of genetic engineering; ethics commissions and constitutional law; nature's own rights; legal protection of local government against brown coal plans; mining laws; sports and air-traffic noise; questions of nuclear waste management; removal of long-standing multi-party liability in environmental law; waste and restoration of abandoned industrial sites; technological development and liability insurance; problems of legislation coming into effect in pollution abatement procedures; Dutch air pollution abatement fund; environmental absolute liability in Austria; EC environmental legislation and solo actions by individual member states. (HSCH) [de

Of Controversial Aspects from Maria da Penha’s Law

OpenAIRE

Galdino, Valéria Silva; Cesumar

2008-01-01

The present work aims at analyzing Maria da Penha’s Law which treats about the domestic violence in our country. Will be analyzed the new concept of family introduced by this law, its constitutionality and also the modifications occurred on the Criminal Code, on the Criminal Process Code and on the Law of Criminal Executions. El presente trabajo tiene como objetivo evaluar la ley María da Penha que trata de la violencia domestica y familiar en nuestro país. Se hará el análisis del nuevo co...

Concretization of rules of law in the field of environmental law

International Nuclear Information System (INIS)

Kunert, F.J.

1989-01-01

The article deals with the relation between administrative standardization and decisions on a particular case. The author discusses the question whether the legislator may assign the task of concretizing rules of law exclusively to the top executive powers who are entitled to issue administrative regulations, or whether this task may in certain cases be achieved by way of decisions on a particular case. The question is discussed against the background of the principles of exercise of discretion, and the character and functions of administrative regulations. The article is arranged in two parts, entitled as follows: Impulses given by the environmental law, and should standardization prevail over individual decisions in administrative law matters? The author explains the development of the practice of the courts referring to the Voerde judgment of the Federal Administrative Court, the Wyhl judgment of the Federal Constitutional Court, (1982), another judgment in the Wyhl case given by the Fed. Administrative Court in 1985, and the decision of the Lueneburg Higher Administrative Court in the case of the Buschhaus power plant. (RST) [de

Discrimination in Public Employment: The Evolving Law.

Science.gov (United States)

McCarthy, Martha M.

This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

An engineering, multiscale constitutive model for fiber-forming collagen in tension.

Science.gov (United States)

Annovazzi, Lorella; Genna, Francesco

2010-01-01

This work proposes a nonlinear constitutive model for a single collagen fiber. Fiber-forming collagen can exhibit different hierarchies of basic units, called fascicles, bundles, fibrils, microfibrils, and so forth, down to the molecular (tropocollagen) level. Exploiting the fact that at each hierarchy level the microstructure can be seen, at least approximately, as that of a wavy, or crimped, extensible cable, the proposed stress-strain model considers a given number of levels, each of which contributes to the overall mechanical behavior according to its own geometrical features (crimp, or waviness), as well as to the basic mechanical properties of the tropocollagen. The crimp features at all levels are assumed to be random variables, whose statistical integration furnishes a stress-strain curve for a collagen fiber. The soundness of this model-the first, to the Authors' knowledge, to treat a single collagen fiber as a microstructured nonlinear structural element-is checked by its application to collagen fibers for which experimental results are available: rat tail tendon, periodontal ligament, and engineered ones. Here, no attempt is made to obtain a stress-strain law for generic collagenous tissues, which exhibit specific features, often much more complex than those of a single fiber. However, it is trivial to observe that the availability of a sound, microstructurally based constitutive law for a single collagen fiber (but applicable at any sub-level, or to any other material with a similar microstructure) is essential for assembling complex constitutive models for any collagenous fibrous tissue.

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).

Prescription. A private-law concept at the forefront of fundamental rights protection

NARCIS (Netherlands)

Graaff, de R.; Breedveld-de, Voogd C.G.; Castermans, A.G.; Knigge, M.W.; Linden, van der T.; Oever, ten H.A.

2016-01-01

Against the background of the relationship between the ECHR, national constitutional law and national private law, this contribution examines the influence of the right to access to a court under Article 6 ECHR on the core concept of prescription, with a focus on the prescription of ‘long-tail’

The importance of procedural defects in Atomic Law

International Nuclear Information System (INIS)

Ossenbuehl, F.