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Sample records for constitutive heterotrimer selectively

  1. Constitution, 1989. [Selected provisions].

    1989-01-01

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

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

    Barboiu, Mihail

    2012-01-01

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

  3. Selected Constitutive Models for Simulating the Hygromechanical Response of Wood

    Frandsen, Henrik Lund

    , the boundary conditions are discussed based on discrepancies found for similar research on moisture transport in paper stacks. Paper III: A new sorption hysteresis model suitable for implementation into a numerical method is developed. The prevailing so-called scanning curves are modeled by closed......-form expressions, which only depend on the current relative humidity of the air and current moisture content of the wood. Furthermore, the expressions for the scanning curves are formulated independent of the temperature and species-dependent boundary curves. Paper IV: The sorption hysteresis model developed...... are discussed. The constitutive moisture transport models are coupled with a heat transport model yielding terms that describe the so-called Dufour and Sorret effects, however, with multiple phases and hysteresis included. Paper VII: In this paper the modeling of transverse couplings in creep of wood...

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

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

    2018-03-01

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

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

    Xin, B.

    2017-01-01

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

  6. Kinase activity determination of specific AMPK complexes/heterotrimers in the skeletal muscle

    Birk, Jesper Bratz; Wojtaszewski, Jørgen

    2018-01-01

    Measuring the kinase activity of the 5'-AMP-activated protein kinase (AMPK) is an essential part of understanding the regulation of this metabolic master switch. The AMPK heterotrimer can exist in 12 different constellations with potentially diverse activation patterns. It is therefore important ...

  7. Feature selection from a facial image for distinction of sasang constitution.

    Koo, Imhoi; Kim, Jong Yeol; Kim, Myoung Geun; Kim, Keun Ho

    2009-09-01

    Recently, oriental medicine has received attention for providing personalized medicine through consideration of the unique nature and constitution of individual patients. With the eventual goal of globalization, the current trend in oriental medicine research is the standardization by adopting western scientific methods, which could represent a scientific revolution. The purpose of this study is to establish methods for finding statistically significant features in a facial image with respect to distinguishing constitution and to show the meaning of those features. From facial photo images, facial elements are analyzed in terms of the distance, angle and the distance ratios, for which there are 1225, 61 250 and 749 700 features, respectively. Due to the very large number of facial features, it is quite difficult to determine truly meaningful features. We suggest a process for the efficient analysis of facial features including the removal of outliers, control for missing data to guarantee data confidence and calculation of statistical significance by applying ANOVA. We show the statistical properties of selected features according to different constitutions using the nine distances, 10 angles and 10 rates of distance features that are finally established. Additionally, the Sasang constitutional meaning of the selected features is shown here.

  8. Feature Selection from a Facial Image for Distinction of Sasang Constitution

    Imhoi Koo

    2009-01-01

    Full Text Available Recently, oriental medicine has received attention for providing personalized medicine through consideration of the unique nature and constitution of individual patients. With the eventual goal of globalization, the current trend in oriental medicine research is the standardization by adopting western scientific methods, which could represent a scientific revolution. The purpose of this study is to establish methods for finding statistically significant features in a facial image with respect to distinguishing constitution and to show the meaning of those features. From facial photo images, facial elements are analyzed in terms of the distance, angle and the distance ratios, for which there are 1225, 61 250 and 749 700 features, respectively. Due to the very large number of facial features, it is quite difficult to determine truly meaningful features. We suggest a process for the efficient analysis of facial features including the removal of outliers, control for missing data to guarantee data confidence and calculation of statistical significance by applying ANOVA. We show the statistical properties of selected features according to different constitutions using the nine distances, 10 angles and 10 rates of distance features that are finally established. Additionally, the Sasang constitutional meaning of the selected features is shown here.

  9. Feature Selection from a Facial Image for Distinction of Sasang Constitution

    Koo, Imhoi; Kim, Jong Yeol; Kim, Myoung Geun

    2009-01-01

    Recently, oriental medicine has received attention for providing personalized medicine through consideration of the unique nature and constitution of individual patients. With the eventual goal of globalization, the current trend in oriental medicine research is the standardization by adopting western scientific methods, which could represent a scientific revolution. The purpose of this study is to establish methods for finding statistically significant features in a facial image with respect to distinguishing constitution and to show the meaning of those features. From facial photo images, facial elements are analyzed in terms of the distance, angle and the distance ratios, for which there are 1225, 61 250 and 749 700 features, respectively. Due to the very large number of facial features, it is quite difficult to determine truly meaningful features. We suggest a process for the efficient analysis of facial features including the removal of outliers, control for missing data to guarantee data confidence and calculation of statistical significance by applying ANOVA. We show the statistical properties of selected features according to different constitutions using the nine distances, 10 angles and 10 rates of distance features that are finally established. Additionally, the Sasang constitutional meaning of the selected features is shown here. PMID:19745013

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

    Li, Peifeng

    2015-01-01

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

  11. Double level selection in a constitutional dynamic library of coordination driven supramolecular polygons.

    Rancan, Marzio; Tessarolo, Jacopo; Casarin, Maurizio; Zanonato, Pier Luigi; Quici, Silvio; Armelao, Lidia

    2014-07-21

    A constitutional dynamic library (CDL) of Cu(II) metallo-supramolecular polygons has been studied as a bench test to examine an interesting selection case based on molecular recognition. Sorting of the CDL polygons is achieved through a proper guest that is hosted into the triangular metallo-macrocycle constituent. Two selection mechanisms are observed, a guest induced path and a guest templated self-assembly (virtual library approach). Remarkably, the triangular host can accommodate several guests with a degree of selectivity ranging from ∼1 to ∼10(4) for all possible guest pairs. A double level selection operates: guests drive the CDL toward the triangular polygon, and, at the same time, this is able to pick a specific guest from a set of competitive molecules, according to a selectivity-affinity correlation. Association constants of the host-guest systems have been determined. Guest competition and exchange studies have been analyzed through variable temperature UV-Vis absorption spectroscopy and single crystal X-ray diffraction studies. Molecular structures and electronic properties of the triangular polygon and of the host-guest systems also have been studied by means of all electrons density functional theory (DFT) and time-dependent density functional theory (TDDFT) calculations including dispersive contributions. DFT outcomes ultimately indicate the dispersive nature of the host-guest interactions, while TDDFT results allow a thorough assignment of the host and host-guests spectral features.

  12. THE INFLUENCE OF TRUST IN THE CONSTITUTION OF A BRAZILIAN COOPERATIVE OF SELECTIVE WASTE PICKERS

    Dayanne Marciane Gonçalves

    2016-03-01

    Full Text Available Since the Brazilian public policy started to encourage solidarity economy in 2003, the number of projects and enterprises in this sector has steadily increased. Embeddedness has contributed to the understanding of organizational phenomena of solidarity economy and cooperatives. The aim of this study was to understand the influence of trust, from the perspective of Mark Granovetter’s social networks, on the constitution of a cooperative of urban recyclable waste pickers in southern Brazil between 1996 until early 2012, considered the foundation period. We used the qualitative method with a historical approach to social relationships and content analysis. Possible influences of trust were analysed based on the economic, social and political history of the cooperative. Among the main results, we highlight the existence of social relations before the constitution, defined by trust due to family identity and reputation built over time.

  13. Subunits of the Snf1 kinase heterotrimer show interdependence for association and activity.

    Elbing, Karin; Rubenstein, Eric M; McCartney, Rhonda R; Schmidt, Martin C

    2006-09-08

    The Snf1 kinase and its mammalian orthologue, the AMP-activated protein kinase (AMPK), function as heterotrimers composed of a catalytic alpha-subunit and two non-catalytic subunits, beta and gamma. The beta-subunit is thought to hold the complex together and control subcellular localization whereas the gamma-subunit plays a regulatory role by binding to and blocking the function of an auto-inhibitory domain (AID) present in the alpha-subunit. In addition, catalytic activity requires phosphorylation by a distinct upstream kinase. In yeast, any one of three Snf1-activating kinases, Sak1, Tos3, or Elm1, can fulfill this role. We have previously shown that Sak1 is the only Snf1-activating kinase that forms a stable complex with Snf1. Here we show that the formation of the Sak1.Snf1 complex requires the beta- and gamma-subunits in vivo. However, formation of the Sak1.Snf1 complex is not necessary for glucose-regulated phosphorylation of the Snf1 activation loop. Snf1 kinase purified from cells lacking the beta-subunits do not contain any gamma-subunit, indicating that the Snf1 kinase does not form a stable alphagamma dimer in vivo. In vitro kinase assays using purified full-length and truncated Snf1 proteins demonstrate that the kinase domain, which lacks the AID, is significantly more active than the full-length Snf1 protein. Addition of purified beta- and gamma-subunits could stimulate the kinase activity of the full-length alpha-subunit but only when all three subunits were present, suggesting an interdependence of all three subunits for assembly of a functional complex.

  14. Selective lignin downregulation leads to constitutive defense response expression in alfalfa (Medicago sativa L.).

    Gallego-Giraldo, Lina; Jikumaru, Yusuke; Kamiya, Yuji; Tang, Yuhong; Dixon, Richard A

    2011-05-01

    • Downregulation of hydroxycinnamoyl CoA: shikimate hydroxycinnamoyl transferase (HCT) in alfalfa (Medicago sativa) reduces lignin levels and improves forage quality and saccharification efficiency for bioethanol production. However, the plants have reduced stature. It was previously reported that HCT-down-regulated Arabidopsis have impaired auxin transport, but this has recently been disproved. • To address the basis for the phenotypes of lignin-modified alfalfa, we measured auxin transport, profiled a range of metabolites including flavonoids and hormones, and performed in depth transcriptome analyses. • Auxin transport is unaffected in HCT antisense alfalfa despite increased flavonoid biosynthesis. The plants show increased cytokinin and reduced auxin levels, and gibberellin levels and sensitivity are both reduced. Levels of salicylic, jasmonic and abscisic acids are elevated, associated with massive upregulation of pathogenesis and abiotic stress-related genes and enhanced tolerance to fungal infection and drought. • We suggest that HCT downregulated alfalfa plants exhibit constitutive activation of defense responses, triggered by release of bioactive cell wall fragments and production of hydrogen peroxide as a result of impaired secondary cell wall integrity. © 2011 The Authors. New Phytologist © 2011 New Phytologist Trust.

  15. Generation of Trichoderma atroviride mutants with constitutively activated G protein signaling by using geneticin resistance as selection marker

    Gruber Sabine

    2012-11-01

    Full Text Available Abstract Background Species of the fungal genus Trichoderma are important industrial producers of cellulases and hemicellulases, but also widely used as biocontrol agents (BCAs in agriculture. In the latter function Trichoderma species stimulate plant growth, induce plant defense and directly antagonize plant pathogenic fungi through their mycoparasitic capabilities. The recent release of the genome sequences of four mycoparasitic Trichoderma species now forms the basis for large-scale genetic manipulations of these important BCAs. Thus far, only a limited number of dominant selection markers, including Hygromycin B resistance (hph and the acetamidase-encoding amdS gene, have been available for transformation of Trichoderma spp. For more extensive functional genomics studies the utilization of additional dominant markers will be essential. Results We established the Escherichia coli neomycin phosphotransferase II-encoding nptII gene as a novel selectable marker for the transformation of Trichoderma atroviride conferring geneticin resistance. The nptII marker cassette was stably integrated into the fungal genome and transformants exhibited unaltered phenotypes compared to the wild-type. Co-transformation of T. atroviride with nptII and a constitutively activated version of the Gα subunit-encoding tga3 gene (tga3Q207L resulted in a high number of mitotically stable, geneticin-resistant transformants. Further analyses revealed a co-transformation frequency of 68% with 15 transformants having additionally integrated tga3Q207L into their genome. Constitutive activation of the Tga3-mediated signaling pathway resulted in increased vegetative growth and an enhanced ability to antagonize plant pathogenic host fungi. Conclusion The neomycin phosphotransferase II-encoding nptII gene from Escherichia coli proved to be a valuable tool for conferring geneticin resistance to the filamentous fungus T. atroviride thereby contributing to an enhanced genetic

  16. Prevalence of MLH1 constitutional epimutations as a cause of Lynch syndrome in unselected versus selected consecutive series of patients with colorectal cancer.

    Castillejo, Adela; Hernández-Illán, Eva; Rodriguez-Soler, María; Pérez-Carbonell, Lucía; Egoavil, Cecilia; Barberá, Victor M; Castillejo, María-Isabel; Guarinos, Carla; Martínez-de-Dueñas, Eduardo; Juan, María-Jose; Sánchez-Heras, Ana-Beatriz; García-Casado, Zaida; Ruiz-Ponte, Clara; Brea-Fernández, Alejandro; Juárez, Miriam; Bujanda, Luis; Clofent, Juan; Llor, Xavier; Andreu, Montserrat; Castells, Antoni; Carracedo, Angel; Alenda, Cristina; Payá, Artemio; Jover, Rodrigo; Soto, José-Luis

    2015-07-01

    The prevalence of MLH1 constitutional epimutations in the general population is unknown. We sought to analyse the prevalence of MLH1 constitutional epimutations in unselected and selected series of patients with colorectal cancer (CRC). Patients with diagnoses of CRC (n=2123) were included in the unselected group. For comparison, a group of 847 selected patients with CRC who fulfilled the revised Bethesda guidelines (rBG) were also included. Somatic and constitutional MLH1 methylation was assayed via methylation-specific multiplex ligation-dependent probe amplification of cases lacking MLH1 expression. Germline alterations in mismatch-repair (MMR) genes were assessed via Sanger sequencing and methylation-specific multiplex ligation-dependent probe amplification. Loss of MLH1 expression occurred in 5.5% of the unselected series and 12.5% of the selected series (pMLH1 were detected in the unselected population (0/62); five cases from the selected series were positive for MLH1 epimutations (15.6%, 5/32; p=0.004). Our results suggest a negligible prevalence of MLH1 constitutional epimutations in unselected cases of CRC. Therefore, MLH1 constitutional epimutation analysis should be conducted only for patients who fulfil the rBG and who lack MLH1 expression with methylated MLH1. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  17. The structural basis of the dominant negative phenotype of the Gαi1β1γ2 G203A/A326S heterotrimer

    Liu, Ping; Jia, Ming-zhu; Zhou, X Edward; De Waal, Parker W; Dickson, Bradley M; Liu, Bo; Hou, Li; Yin, Yan-ting; Kang, Yan-yong; Shi, Yi; Melcher, Karsten; Xu, H Eric; Jiang, Yi

    2016-01-01

    Aim: Dominant negative mutant G proteins have provided critical insight into the mechanisms of G protein-coupled receptor (GPCR) signaling, but the mechanisms underlying the dominant negative characteristics are not completely understood. The aim of this study was to determine the structure of the dominant negative Gαi1β1γ2 G203A/A326S complex (Gi-DN) and to reveal the structural basis of the mutation-induced phenotype of Gαi1β1γ2. Methods: The three subunits of the Gi-DN complex were co-expressed with a baculovirus expression system. The Gi-DN heterotrimer was purified, and the structure of its complex with GDP was determined through X-ray crystallography. Results: The Gi-DN heterotrimer structure revealed a dual mechanism underlying the dominant negative characteristics. The mutations weakened the hydrogen bonding network between GDP/GTP and the binding pocket residues, and increased the interactions in the Gα-Gβγ interface. Concomitantly, the Gi-DN heterotrimer adopted a conformation, in which the C-terminus of Gαi and the N-termini of both the Gβ and Gγ subunits were more similar to the GPCR-bound state compared with the wild type complex. From these structural observations, two additional mutations (T48F and D272F) were designed that completely abolish the GDP binding of the Gi-DN heterotrimer. Conclusion: Overall, the results suggest that the mutations impede guanine nucleotide binding and Gα-Gβγ protein dissociation and favor the formation of the G protein/GPCR complex, thus blocking signal propagation. In addition, the structure provides a rationale for the design of other mutations that cause dominant negative effects in the G protein, as exemplified by the T48F and D272F mutations. PMID:27498775

  18. Selective elimination of high constitutive activity or chemokine binding in the human herpesvirus 8 encoded seven transmembrane oncogene ORF74

    Rosenkilde, M M; Kledal, T N; Holst, Peter Johannes

    2000-01-01

    Open reading frame 74 (ORF74) encoded by human herpesvirus 8 is a highly constitutively active seven transmembrane (7TM) receptor stimulated by angiogenic chemokines, e.g. growth-related oncogene-alpha, and inhibited by angiostatic chemokines e.g. interferon-gamma-inducible protein. Transgenic mice...

  19. NADP+ binding to the regulatory subunit of methionine adenosyltransferase II increases intersubunit binding affinity in the hetero-trimer.

    Beatriz González

    Full Text Available Mammalian methionine adenosyltransferase II (MAT II is the only hetero-oligomer in this family of enzymes that synthesize S-adenosylmethionine using methionine and ATP as substrates. Binding of regulatory β subunits and catalytic α2 dimers is known to increase the affinity for methionine, although scarce additional information about this interaction is available. This work reports the use of recombinant α2 and β subunits to produce oligomers showing kinetic parameters comparable to MAT II purified from several tissues. According to isothermal titration calorimetry data and densitometric scanning of the stained hetero-oligomer bands on denatured gels, the composition of these oligomers is that of a hetero-trimer with α2 dimers associated to single β subunits. Additionally, the regulatory subunit is able to bind NADP(+ with a 1:1 stoichiometry, the cofactor enhancing β to α2-dimer binding affinity. Mutants lacking residues involved in NADP(+ binding and N-terminal truncations of the β subunit were able to oligomerize with α2-dimers, although the kinetic properties appeared altered. These data together suggest a role for both parts of the sequence in the regulatory role exerted by the β subunit on catalysis. Moreover, preparation of a structural model for the hetero-oligomer, using the available crystal data, allowed prediction of the regions involved in β to α2-dimer interaction. Finally, the implications that the presence of different N-terminals in the β subunit could have on MAT II behavior are discussed in light of the recent identification of several splicing forms of this subunit in hepatoma cells.

  20. The Precedent 443 of the Superior Labor Court and Judicial Activism: The Defense of a Non Selective Constitutional Hermeneutics

    Humberto Lima de Lucena Filho

    2015-12-01

    Full Text Available This paper is dedicated to the analysis of the Precedent 443 of the Superior Labor Court, which deals with the discriminatory dismissal presumption of those labor with social stigma diseases from the perspective of judicial activism in the brazilian labor law and its objective influence on law and labor procedure law from the from the perspective of a not univocal constitutional hermeneutics. It aims, also, to conceptualize the stability institute in order to configure the dangers and misconceptions arising from it. Therefore, it concludes that the analogy that embodied the repeated judicial position was excessive. The research points out the logical-deductive method operated by the aid of the literature review, case law and positioning applicable law.

  1. Constitutional Conservatism

    Berkowitz, Peter

    2009-01-01

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

  2. DP97, a DEAD box DNA/RNA helicase, is a target gene-selective co-regulator of the constitutive androstane receptor

    Kanno, Yuichiro; Serikawa, Takafumi; Inajima, Jun; Inouye, Yoshio

    2012-01-01

    Highlights: ► DP97 interacts with nuclear receptor CAR. ► DP97 enhances CAR-mediated transcriptional activation. ► DP97 synergistically enhances transactivity of CAR by the co-expression of SRC-1 or PGC1α. ► DP97 is a gene-selective co-activator for hCAR. -- Abstract: The constitutive androstane receptor (CAR) plays a key role in the expression of xenobiotic/steroid and drug metabolizing enzymes and their transporters. In this study, we demonstrated that DP97, a member of the DEAD box DNA/RNA helicase protein family, is a novel CAR-interacting protein. Using HepG2 cells expressing human CAR in the presence of tetracycline, we showed that knockdown of DP97 with small interfering RNAs suppressed tetracycline-inducible mRNA expression of CYP2B6 and UGT1A1 but not CYP3A4. Thus, DP97 was found to be a gene (or promoter)-selective co-activator for hCAR. DP97-mediated CAR transactivation was synergistically enhanced by the co-expression of SRC-1 or PGC1α, therefore it might act as mediator between hCAR and appropriate co-activators.

  3. DP97, a DEAD box DNA/RNA helicase, is a target gene-selective co-regulator of the constitutive androstane receptor

    Kanno, Yuichiro, E-mail: ykanno@phar.toho-u.ac.jp [Faculty of Pharmaceutical Sciences, Toho University, Chiba (Japan); Serikawa, Takafumi; Inajima, Jun; Inouye, Yoshio [Faculty of Pharmaceutical Sciences, Toho University, Chiba (Japan)

    2012-09-14

    Highlights: Black-Right-Pointing-Pointer DP97 interacts with nuclear receptor CAR. Black-Right-Pointing-Pointer DP97 enhances CAR-mediated transcriptional activation. Black-Right-Pointing-Pointer DP97 synergistically enhances transactivity of CAR by the co-expression of SRC-1 or PGC1{alpha}. Black-Right-Pointing-Pointer DP97 is a gene-selective co-activator for hCAR. -- Abstract: The constitutive androstane receptor (CAR) plays a key role in the expression of xenobiotic/steroid and drug metabolizing enzymes and their transporters. In this study, we demonstrated that DP97, a member of the DEAD box DNA/RNA helicase protein family, is a novel CAR-interacting protein. Using HepG2 cells expressing human CAR in the presence of tetracycline, we showed that knockdown of DP97 with small interfering RNAs suppressed tetracycline-inducible mRNA expression of CYP2B6 and UGT1A1 but not CYP3A4. Thus, DP97 was found to be a gene (or promoter)-selective co-activator for hCAR. DP97-mediated CAR transactivation was synergistically enhanced by the co-expression of SRC-1 or PGC1{alpha}, therefore it might act as mediator between hCAR and appropriate co-activators.

  4. Stage 3 immature human natural killer cells found in secondary lymphoid tissue constitutively and selectively express the TH17 cytokine interleukin-22

    Hughes, Tiffany; Becknell, Brian; McClory, Susan; Briercheck, Edward; Freud, Aharon G.; Zhang, Xiaoli; Mao, Hsiaoyin; Nuovo, Gerard; Yu, Jianhua

    2009-01-01

    Considerable functional heterogeneity within human natural killer (NK) cells has been revealed through the characterization of distinct NK-cell subsets. Accordingly, a small subset of CD56+NKp44+NK cells, termed NK-22 cells, was recently described within secondary lymphoid tissue (SLT) as IL-22− when resting, with a minor fraction of this population becoming IL-22+ when activated. Here we discover that the vast majority of stage 3 immature NK (iNK) cells in SLT constitutively and selectively express IL-22, a TH17 cytokine important for mucosal immunity, whereas earlier and later stages of NK developmental intermediates do not express IL-22. These iNK cells have a surface phenotype of CD34−CD117+CD161+CD94−, largely lack expression of NKp44 and CD56, and do not produce IFN-γ or possess cytolytic activity. In summary, stage 3 iNK cells are highly enriched for IL-22 and IL-26 messenger RNA, and IL-22 protein production, but do not express IL-17A or IL-17F. PMID:19244159

  5. Construction and characterization of stable, constitutively expressed, chromosomal green and red fluorescent transcriptional fusions in the select agents, Bacillus anthracis, Yersinia pestis, Burkholderia mallei, and Burkholderia pseudomallei.

    Su, Shengchang; Bangar, Hansraj; Saldanha, Roland; Pemberton, Adin; Aronow, Bruce; Dean, Gary E; Lamkin, Thomas J; Hassett, Daniel J

    2014-10-01

    Here, we constructed stable, chromosomal, constitutively expressed, green and red fluorescent protein (GFP and RFP) as reporters in the select agents, Bacillus anthracis, Yersinia pestis, Burkholderia mallei, and Burkholderia pseudomallei. Using bioinformatic approaches and other experimental analyses, we identified P0253 and P1 as potent promoters that drive the optimal expression of fluorescent reporters in single copy in B. anthracis and Burkholderia spp. as well as their surrogate strains, respectively. In comparison, Y. pestis and its surrogate strain need two chromosomal copies of cysZK promoter (P2cysZK) for optimal fluorescence. The P0253-, P2cysZK-, and P1-driven GFP and RFP fusions were first cloned into the vectors pRP1028, pUC18R6KT-mini-Tn7T-Km, pmini-Tn7-gat, or their derivatives. The resultant constructs were delivered into the respective surrogates and subsequently into the select agent strains. The chromosomal GFP- and RFP-tagged strains exhibited bright fluorescence at an exposure time of less than 200 msec and displayed the same virulence traits as their wild-type parental strains. The utility of the tagged strains was proven by the macrophage infection assays and lactate dehydrogenase release analysis. Such strains will be extremely useful in high-throughput screens for novel compounds that could either kill these organisms, or interfere with critical virulence processes in these important bioweapon agents and during infection of alveolar macrophages. © 2014 The Authors. MicrobiologyOpen published by John Wiley & Sons Ltd.

  6. Essential Medicines in National Constitutions

    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

  7. The Constitutional Amendment Process

    Chism, Kahlil

    2005-01-01

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

  8. Constitutional Rights in Indonesia

    Judhariksawan

    2018-01-01

    The constitution is fundamental to the life of the modern state as a major foothold in state governance. Includes the guarantee of constitutional rights of citizens. The The constitution is the basis of state organizers to be implemented so that the state is obliged to guarantee the fulfillment of citizens' constitutional rights. Human rights have become an important part of the modern constitution. This study will describe how human rights guarantees become part of consti...

  9. Constitutional changes and the dilemmas of constitutionalism

    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.

  10. Constitutional reform as process

    Schultze, Rainer-Olaf (Prof.)

    2000-01-01

    Constitutional reform as process. - In: The politics of constitutional reform in North America / Rainer-Olaf Schultze ... (eds.). - Opladen : Leske + Budrich, 2000. - S. 11-31. - (Politikwissenschaftliche paperbacks ; 30)

  11. Transnational Constitutional Law

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

    2018-01-01

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

  12. UNDERSTANDING INFORMAL CONSTITUTIONAL CHANGE

    Stephen M. Griffin

    2016-01-01

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

  13. Consumers' price awareness at the point-of-selection: What constitutes the most appropriate measure of consumers' price awareness and what determines the differences?

    Jensen, Birger Boutrup

    This paper focuses on consumers' price information processing at the point-of-selection. Specifically, it updates past results of consumers' price awareness at the point-of-selection - applying both a price-recall and a price-recognition test - and tests hypotheses on potential determinants...... of consumers' price awareness at the point-of-selection. Both price-memory tests resulted in higher measured price awareness than in any of the past studies. Results also indicate that price recognition is not the most appropiate measure. Finally, a discriminant analysis shows that consumers who are aware...

  14. Transnational Constitutional Law

    Zumbansen, P (Peer); Bhatt, Kinnari

    2018-01-01

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

  15. Genome-Wide Constitutively Expressed Gene Analysis and New Reference Gene Selection Based on Transcriptome Data: A Case Study from Poplar/Canker Disease Interaction

    Jiaping Zhao

    2017-10-01

    Full Text Available A number of transcriptome datasets for differential expression (DE genes have been widely used for understanding organismal biology, but these datasets also contain untapped information that can be used to develop more precise analytical tools. With the use of transcriptome data generated from poplar/canker disease interaction system, we describe a methodology to identify candidate reference genes from high-throughput sequencing data. This methodology will improve the accuracy of RT-qPCR and will lead to better standards for the normalization of expression data. Expression stability analysis from xylem and phloem of Populus bejingensis inoculated with the fungal canker pathogen Botryosphaeria dothidea revealed that 729 poplar transcripts (1.11% were stably expressed, at a threshold level of coefficient of variance (CV of FPKM < 20% and maximum fold change (MFC of FPKM < 2.0. Expression stability and bioinformatics analysis suggested that commonly used house-keeping (HK genes were not the most appropriate internal controls: 70 of the 72 commonly used HK genes were not stably expressed, 45 of the 72 produced multiple isoform transcripts, and some of their reported primers produced unspecific amplicons in PCR amplification. RT-qPCR analysis to compare and evaluate the expression stability of 10 commonly used poplar HK genes and 20 of the 729 newly-identified stably expressed transcripts showed that some of the newly-identified genes (such as SSU_S8e, LSU_L5e, and 20S_PSU had higher stability ranking than most of commonly used HK genes. Based on these results, we recommend a pipeline for deriving reference genes from transcriptome data. An appropriate candidate gene should have a unique transcript, constitutive expression, CV value of expression < 20% (or possibly 30% and MFC value of expression <2, and an expression level of 50–1,000 units. Lastly, when four of the newly identified HK genes were used in the normalization of expression data for 20

  16. Corynebacterium jeikeium jk0268 constitutes for the 40 amino acid long PorACj, which forms a homooligomeric and anion-selective cell wall channel.

    Narges Abdali

    Full Text Available Corynebacterium jeikeium, a resident of human skin, is often associated with multidrug resistant nosocomial infections in immunodepressed patients. C. jeikeium K411 belongs to mycolic acid-containing actinomycetes, the mycolata and contains a channel-forming protein as judged from reconstitution experiments with artificial lipid bilayer experiments. The channel-forming protein was present in detergent treated cell walls and in extracts of whole cells using organic solvents. A gene coding for a 40 amino acid long polypeptide possibly responsible for the pore-forming activity was identified in the known genome of C. jeikeium by its similar chromosomal localization to known porH and porA genes of other Corynebacterium strains. The gene jk0268 was expressed in a porin deficient Corynebacterium glutamicum strain. For purification temporarily histidine-tailed or with a GST-tag at the N-terminus, the homogeneous protein caused channel-forming activity with an average conductance of 1.25 nS in 1M KCl identical to the channels formed by the detergent extracts. Zero-current membrane potential measurements of the voltage dependent channel implied selectivity for anions. This preference is according to single-channel analysis caused by some excess of cationic charges located in the channel lumen formed by oligomeric alpha-helical wheels. The channel has a suggested diameter of 1.4 nm as judged from the permeability of different sized hydrated anions using the Renkin correction factor. Surprisingly, the genome of C. jeikeium contained only one gene coding for a cell wall channel of the PorA/PorH type found in other Corynebacterium species. The possible evolutionary relationship between the heterooligomeric channels formed by certain Corynebacterium strains and the homooligomeric pore of C. jeikeium is discussed.

  17. Crushed Salt Constitutive Model

    Callahan, G.D.

    1999-01-01

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

  18. Communicative Constitution of Organizations

    Schoeneborn, Dennis; Vasquez, Consuelo

    2017-01-01

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

  19. Gender and the Constitution

    Ginsburg, Ruth Bader

    1975-01-01

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

  20. constitutional adjudication in ethiopia

    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.

  1. The constitutive sofa cushion

    Hanghøj, Sara

    2009-01-01

    personal values materialize through a hand-made everyday artefact, and how can the artefact constitute action and self-perception? The empirical research and analysis concerns how a former textile crafts teacher's subjective values and professional identity materialize through a hand-woven sofa cushion...

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

    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...

  3. What constitutes information integrity?

    S. Flowerday

    2008-01-01

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

  4. What constitutes information integrity?

    S. Flowerday

    2007-12-01

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

  5. The constitutional view

    Roberto Horácio Sá Pereira

    2016-05-01

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

  6. Transnational Governance and Constitutionalism

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

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

  7. Elastic-plastic constitutive modeling of concrete

    Takahashi, Y.

    1983-03-01

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

  8. Constitution, 5 May 1989.

    1989-01-01

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

  9. Constitution, 5 October 1988.

    1989-01-01

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

  10. Constitutive models in LAME.

    Hammerand, Daniel Carl; Scherzinger, William Mark

    2007-09-01

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

  11. ECHR and national constitutional courts

    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.

  12. VALUATION IN THE CONSTITUTIONAL ERA

    Brimer

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

  13. Legal theology in imposed constitutionalism

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...

  14. The diffusion of constitutional rights

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

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

  15. Ontoteleological Constitution of Entrepreneurship

    Diego Luiz Teixeira Boava

    2017-06-01

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

  16. Molecular basis of cannabinoid CB1 receptor coupling to the G protein heterotrimer Gαiβγ: identification of key CB1 contacts with the C-terminal helix α5 of Gαi.

    Shim, Joong-Youn; Ahn, Kwang H; Kendall, Debra A

    2013-11-08

    The cannabinoid (CB1) receptor is a member of the rhodopsin-like G protein-coupled receptor superfamily. The human CB1 receptor, which is among the most expressed receptors in the brain, has been implicated in several disease states, including drug addiction, anxiety, depression, obesity, and chronic pain. Different classes of CB1 agonists evoke signaling pathways through the activation of specific subtypes of G proteins. The molecular basis of CB1 receptor coupling to its cognate G protein is unknown. As a first step toward understanding CB1 receptor-mediated G protein signaling, we have constructed a ternary complex structural model of the CB1 receptor and Gi heterotrimer (CB1-Gi), guided by the x-ray structure of β2-adrenergic receptor (β2AR) in complex with Gs (β2AR-Gs), through 824-ns duration molecular dynamics simulations in a fully hydrated 1-palmitoyl-2-oleoyl-sn-glycero-3-phosphocholine bilayer environment. We identified a group of residues at the juxtamembrane regions of the intracellular loops 2 and 3 (IC2 and IC3) of the CB1 receptor, including Ile-218(3.54), Tyr-224(IC2), Asp-338(6.30), Arg-340(6.32), Leu-341(6.33), and Thr-344(6.36), as potential key contacts with the extreme C-terminal helix α5 of Gαi. Ala mutations of these residues at the receptor-Gi interface resulted in little G protein coupling activity, consistent with the present model of the CB1-Gi complex, which suggests tight interactions between CB1 and the extreme C-terminal helix α5 of Gαi. The model also suggests that unique conformational changes in the extreme C-terminal helix α5 of Gα play a crucial role in the receptor-mediated G protein activation.

  17. Constitutional judges (guarantee of the Constitution and responsibility

    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.

  18. Constitutional aneuploidy and cancer predisposition.

    Ganmore, Ithamar; Smooha, Gil; Izraeli, Shai

    2009-04-15

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

  19. Economic Reforms and Constitutional Transition

    Jeffrey D. Sachs; Wing Thye Woo; Xiaokai Yang

    2000-01-01

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

  20. ECHR and national constitutional courts

    Nastić, Maja

    2015-01-01

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

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

    National Archives and Records Administration, Washington, DC.

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

  2. National constitutional courts in the European Constitutional Democracy

    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....

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

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

    2012-01-01

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

  4. Constitutive Effects of Performance Indicators

    Dahler-Larsen, Peter

    2014-01-01

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

  5. Political dimension of European constitutionalism

    Kaplánová Patricia

    2015-04-01

    Full Text Available Author in the article tries to analyse different elements of document called European Constitution. Analysis is supported with theoretical framework of federalism, presented by Brezovšek. Authors is playing with idea of (confederal and international organization elements of European Constitution and their mix. They are also trying to set some connections between so called common European identity as necessary condition to give legitimacy to the European Constitution. This became important question after „votes of non-confidence“ to the European Constitution in France, despite it should be addressed already before. However, European Constitution is important document on the path of European integration and lack of support to it will slow down this process of widening and deepening European ties.

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

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

    2012-01-01

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

  7. Radioactive waste disposal and constitution

    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

  8. Constitutional aneuploidy and cancer predisposition†

    Ganmore, Ithamar; Smooha, Gil; Izraeli, Shai

    2009-01-01

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

  9. Constitutive Modelling in Geomechanics Introduction

    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....

  10. The Constitution's Prescription for Freedom.

    Peach, Lucinda

    1986-01-01

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

  11. Jonathan's Constitutional Conference in Nigeria

    ian

    2013-10-01

    Oct 1, 2013 ... Adeniyi S. Basiru is an independent researcher and a PhD candidate ... constitution-making are fundamentally the exclusive reserve of the elites, ..... agenda must be situated against the background of events that heralded his.

  12. A survey on constitutional justice

    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.

  13. THE EMERGING INTERNATIONAL CONSTITUTIONAL ORDER ...

    Dr Tanya du Plessis

    CFI) affirmed ... primarily include the value system of the international legal order, meaning norms of ... the existence of such a traditional constitutional demos. Europe's ..... between the African Development Bank (BAD) and one of its employees,.

  14. Constitutional Verbosity and Social Trust

    Bjørnskov, Christian; Voigt, Stefan

    2014-01-01

    A common argument in the trust literature is that high-trust cultures allow efficient commercial contracts to be shorter, covering fewer contingencies. We take this idea to the topic of social contracts. Specifically, we ask whether social trust affects the length and detail of constitutions. Cross......-country estimates suggest that national trust levels are indeed robustly and negatively associated with the length of countries’ constitutions....

  15. Constitutional orders in multinational firms

    Hull Kristensen, Peer; Morgan, Glenn

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

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

    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

  17. Essential Medicines in National Constitutions: Progress Since 2008.

    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.

  18. Constitutional compatibility of energy systems

    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

  19. Constitutionalism and Development in Nigeria: The 1999 Constitution

    Fr. Ikenga

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

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

    Abat Ninet, Antoni

    2015-01-01

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

  1. Time and constitution of sense

    Pedro Gerardo Acosta

    2014-06-01

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

  2. A Communicatively Constituted Online Crisis

    Valentini, Chiara; Romenti, Stefania; Kruckeberg, Dean

    2017-01-01

    into specific public crisis perceptions. Drawing from a communicative constitution perspective, the authors argue that if crises are perceptions or experiences of difficult situations that exceed a person’s current resources and coping mechanisms, and if perceptions and experiences in social media are typically...... by offering suggestions on how to study online critical conversations through the lens of a communicative constitution perspective that could inform how critical issues eventually transform and become crises and how crisis perceptions evolve and are discursively shaped by communicative practices occurring...

  3. Constitutional and acquired autosomal aneuploidy.

    Jackson-Cook, Colleen

    2011-12-01

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

  4. [Constitutional mismatch repair deficiency syndrome

    Jongmans, M.C.J.; Gidding, C.E.M.; Loeffen, J.; Wesseling, P.; Mensenkamp, A.; Hoogerbrugge, N.

    2015-01-01

    BACKGROUND: Constitutional mismatch repair deficiency (CMMR-D) syndrome is characterised by a significantly increased risk for developing cancer in childhood. It arises when both parents have a mutation in the same mismatch repair gene and pass it on to their child. CASE DESCRIPTION: An 8-year-old

  5. The Constitution and Academic Freedom.

    Gilbertson, Eric R.

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

  6. On constitutive modelling in finite element analysis

    Bathe, K.J.; Snyder, M.D.; Cleary, M.P.

    1979-01-01

    This compact contains a brief introduction to the problems involved in constitutive modeling as well as an outline of the final paper to be submitted. Attention is focussed on three important areas: (1) the need for using theoretically sound material models and the importance of recognizing the limitations of the models, (2) the problem of developing stable and effective numerical representations of the models, and (3) the necessity for selection of an appropriate finite element mesh that can capture the actual physical response of the complete structure. In the final paper, we will be presenting our recent research results pertaining to each of these problem areas. (orig.)

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

    de Raadt, J.B.

    2009-01-01

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

  8. Valuation In The Constitutional Era

    Elmien du Plessis

    2015-12-01

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

  9. The Constitutive Power of Twitter

    Albu, Oana Brindusa; Etter, Michael Andreas

    Twitter is an increasingly used new information and communication technology (ICT) in organizational settings. Predominant research, however, tends to adopt functionalist standpoints and investigates new ICTs as platforms of information transmission through which organizations interact with their......Twitter is an increasingly used new information and communication technology (ICT) in organizational settings. Predominant research, however, tends to adopt functionalist standpoints and investigates new ICTs as platforms of information transmission through which organizations interact...... with their constituents. Such focus leaves little knowledge concerning the tensions new ICTs bring to organizational life. For a more nuanced understanding of the constitutive role of new ICTs in organizing, this paper unfolds a communication centered perspective and examines the strategic Twitter use in two...... organizations. The analysis illustrates how specific Twitter interactions, i.e., hashtags, become hypertexts—a type of authoritative texts—which simultaneously constitute an organizational actor or act as a pastiche of it. The study contributes to extant research by illustrating how hypertextuality...

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

    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.

  11. European constitution and EURATOM treaty

    Heller, W.

    2003-01-01

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

  12. Constitutional collisions of criminal law

    Sergey M. Inshakov

    2016-12-01

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

  13. The Normative Constitution of Agency

    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...

  14. Essence and constitution in Zubiri

    Alfonso Gómez Fernández

    2015-03-01

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

  15. Radionuclides, inorganic constitutents, organic compounds, and bacteria in water from selected wells and springs from the southern boundary of the Idaho National Engineering Laboratory to the Hagerman Area, Idaho, 1992

    Bartholomay, R.C.; Edwards, D.D.; Campbell, L.J.

    1994-01-01

    The U.S. Geological Survey and the Idaho Department of Water Resources, in response to a request from the U.S. Department of Energy, sampled 18 sites as part of a long-term project to monitor water quality of the Snake River Plain aquifer from the southern boundary of the Idaho National Engineering Laboratory to the Hagerman area. Water samples were collected and analyzed for selected radionuclides, inorganic constituents, organic compounds, and bacteria. The samples were collected from 13 irrigation wells, 1 domestic well, 1 spring, 2 stock wells, and 1 public supply well. Quality assurance samples also were collected and analyzed. None of the samples analyzed for radionuclides, inorganic constituents, or organic compounds exceeded the established maximum contaminant levels for drinking water. Most of the radionuclide and inorganic constituent concentrations exceeded their respective reporting levels. Most of the samples analyzed for surfactants and dissolved organic carbon had concentrations that exceeded their reporting levels. None of the samples contained reportable concentrations of purgeable organic compounds or pesticides. Total coliform bacteria was present in nine samples

  16. Unborn children as constitutional persons.

    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

  17. The Constitutive Values of Science

    Hugh Lacey

    1997-06-01

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

  18. [Constitutional mismatch repair deficiency syndrome].

    Jongmans, Marjolijn C; Gidding, Corrie E; Loeffen, Jan; Wesseling, Pieter; Mensenkamp, Arjen; Hoogerbrugge, Nicoline

    2015-01-01

    Constitutional mismatch repair deficiency (CMMR-D) syndrome is characterised by a significantly increased risk for developing cancer in childhood. It arises when both parents have a mutation in the same mismatch repair gene and pass it on to their child. An 8-year-old girl was diagnosed with CMMR-D syndrome after she developed a brain tumour at the age of 4 and a T-cell non-Hodgkin lymphoma at the age of 6. She had multiple hyperpigmented skin lesions and died of myelodysplastic syndrome at the age of 11. In children with cancer CMMR-D syndrome can be recognized particularly if there are multiple primary malignancies and skin hyperpigmentations and hypopigmentations. The parents of these children are at high risk for colorectal and endometrial cancer (Lynch syndrome), amongst others.

  19. Kinanthropometry - Components of body constitution

    Maria Tereza Silveira Böhme

    2000-12-01

    Full Text Available The objective of this study is to present the conceptual and historical background to Kinanthropometry and to characterize this area of research. The components of body constitution relating to dimensions, proportions, shape and body composition that should be considered in Physical Education and Sports programs are also described. ARESUMO Este trabalho tem por objetivo apresentar os aspectos conceituais referentes à Cineantropometria, assim como os aspectos históricos e caracterização desta área de estudos. São também descritos os componentes de constituição corporal referentes à dimensões, proporções, forma e composição corporal que devem ser considerados em programas de Educação Física e Esporte.

  20. The foundational tenets of Johannes Althusius' constitutionalism ...

    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.

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

    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.

  2. The constitutional court review of judicial decisions

    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

  3. Unanimous Constitutional Consent and the Immigration Problem

    Josten, Stefan D.; Zimmermann, Klaus W.

    2004-01-01

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

  4. Constitutional Referendums:A Theoretical Enquiry

    Tierney, Stephen

    2009-01-01

    In recent decades the use of referendums to settle major constitutional questions has increased dramatically. Addressing this phenomenon as a case study in the relationship between democracy and constitutional sovereignty, this article has two aims.The first is to argue that these constitutional referendums are categorically different from ordinary, legislative referendums, and that this has important implications for theories of constitutional sovereignty. Secondly, the article suggests that...

  5. Analysis on constitution of American college republicans

    Minghua Su

    2017-02-01

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

  6. The Constitution of the Republic of Estonia

    2009-01-01

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

  7. The Constitution of the Republic of Estonia

    2005-01-01

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

  8. Constitutive model for porous materials

    Weston, A.M.; Lee, E.L.

    1982-01-01

    A simple pressure versus porosity compaction model is developed to calculate the response of granular porous bed materials to shock impact. The model provides a scheme for calculating compaction behavior when relatively limited material data are available. While the model was developed to study porous explosives and propellants, it has been applied to a much wider range of materials. The early development of porous material models, such as that of Hermann, required empirical dynamic compaction data. Erkman and Edwards successfully applied the early theory to unreacted porous high explosives using a Gruneisen equation of state without yield behavior and without trapped gas in the pores. Butcher included viscoelastic rate dependance in pore collapse. The theoretical treatment of Carroll and Holt is centered on the collapse of a circular pore and includes radial inertia terms and a complex set of stress, strain and strain rate constitutive parameters. Unfortunately data required for these parameters are generally not available. The model described here is also centered on the collapse of a circular pore, but utilizes a simpler elastic-plastic static equilibrium pore collapse mechanism without strain rate dependence, or radial inertia terms. It does include trapped gas inside the pore, a solid material flow stress that creates both a yield point and a variation in solid material pressure with radius. The solid is described by a Mie-Gruneisen type EOS. Comparisons show that this model will accurately estimate major mechanical features which have been observed in compaction experiments

  9. An engineered genetic selection for ternary protein complexes inspired by a natural three-component hitchhiker mechanism.

    Lee, Hyeon-Cheol; Portnoff, Alyse D; Rocco, Mark A; DeLisa, Matthew P

    2014-12-22

    The bacterial twin-arginine translocation (Tat) pathway is well known to translocate correctly folded monomeric and dimeric proteins across the tightly sealed cytoplasmic membrane. We identified a naturally occurring heterotrimer, the Escherichia coli aldehyde oxidoreductase PaoABC, that is co-translocated by the Tat translocase according to a ternary "hitchhiker" mechanism. Specifically, the PaoB and PaoC subunits, each devoid of export signals, are escorted to the periplasm in a piggyback fashion by the Tat signal peptide-containing subunit PaoA. Moreover, export of PaoA was blocked when either PaoB or PaoC was absent, revealing a surprising interdependence for export that is not seen for classical secretory proteins. Inspired by this observation, we created a bacterial three-hybrid selection system that links the formation of ternary protein complexes with antibiotic resistance. As proof-of-concept, a bispecific antibody was employed as an adaptor that physically crosslinked one antigen fused to a Tat export signal with a second antigen fused to TEM-1 β-lactamase (Bla). The resulting non-covalent heterotrimer was exported in a Tat-dependent manner, delivering Bla to the periplasm where it hydrolyzed β-lactam antibiotics. Collectively, these results highlight the remarkable flexibility of the Tat system and its potential for studying and engineering ternary protein interactions in living bacteria.

  10. Gospel and constitutional imperatives: the right to life

    S.P. Giles

    2011-06-01

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

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

    There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The specific focus of this article is to determine whether the payment of kidney donors could be ...

  12. Change of position of constitutional judiciary

    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.

  13. The comparative constitutional law on national constitutional system: with regard to the IX World Congress of Constitutional Law

    Landa Arroyo, César

    2015-01-01

    From  the  process  of  globalization  of  law,  the  comparative constitutional law has gained a leading role for a better understanding and solving old and new constitutional national and international challenges. Therefore, some assumptions and considerations to take into account are presented for the development of the national constitutional order within the framework of the comparative constitutional law, such as universality and relativism of human rights; the concept of power and cons...

  14. Childrens' Rights in the South African Constitution

    JA Robinson

    2003-10-01

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

  15. The constitutional control system in Colombia

    Luis Javier Moreno Ortiz

    2010-01-01

    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 ...

  16. Competition And Antitrust Law In Ecuadorian Constitution

    Marcelo Marín Sevilla

    2013-01-01

    This work allows us to establish the Economic Constitution and the Competition Law (C.L) in the Constitution. Additionally, the paper analyzes whether the rules outlined in the C. L. and in doctrine are consistent and appropriate with the Constitution of Ecuador. The Competition and Antitrust Laws has rules for investigating and punishing the cartels, the abuses of power market (dominant position), the rules for merger control, the behaviors of Abuse of economic dependence, and unfair competi...

  17. Complexities of Constitutional Change in the Philippines

    Saunders, Cheryl; Yusingco, Michael Henry

    2018-01-01

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

  18. Human Rights in Indonesian Constitutional Amendments

    Kharlie, Ahmad Tholabi

    2013-01-01

    Human Rights in Indonesian Constitutional Amendments. Indonesian constitutional amendments incorporated human rights principles into the Constitution of the Republic of Indonesia 1945 (UUD NRI), especially in the second amendment in 2000. Under that amendment, the UUD NRI currently stipulates human rights principles as provided for in the Universal Declaration of Human Rights (UDHR). However, there are some important notes, which at its core is a lack of emphasis on the vision and mission of ...

  19. Constitutionalism and Democracy in Contemporary International Community

    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...

  20. Evaluation of potential crushed-salt constitutive models

    Callahan, G.D.; Loken, M.C.; Sambeek, L.L. Van; Chen, R.; Pfeifle, T.W.; Nieland, J.D.; Hansen, F.D.

    1995-12-01

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

  1. Atypical Rulings of the Indonesian Constitutional Court

    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.

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

    Lehn, Jean-Marie

    2012-01-01

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

  3. Culture (and religion in constitutional adjudication

    C Rautenbach

    2003-10-01

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

  4. National Constitutional Avenues for Further EU Integration

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

    2014-01-01

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

  5. A Federal Constitution for the European Union

    Sweeney, Richard J.

    2003-01-01

    A constitution is more likely to be accepted if it federalizes those issues that arewidely seen as needing complete harmonization. A constitution is more likely to endure if thefederal government does not have powers that are not vital to it but which may alienate somemember states to the point t...

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

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

  7. Public and Constitutional Support for Character Education.

    Vessels, Gordon G.; Boyd, Stephen M.

    1996-01-01

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

  8. Constitutional relevance of atomic energy law

    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

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

    Blokker, Paul

    2008-01-01

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

  10. CONSTITUTIONAL INTERPRETATION OF ROMANIA: POST MODERNITY

    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.

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

    José Carlos Castañeda Reyes

    2016-01-01

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

  12. The constitutional control system in Colombia

    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.

  13. Constitutive relations for nuclear reactor core materials

    Zaverl, F. Jr.; Lee, D.

    1978-01-01

    A strain rate dependent constitutive equation is proposed which is capable of describing inelastic deformation behavior of anisotropic metals, such as Zircaloys, under complex loading conditions. The salient features of the constitutive equations are that they describe history dependent inelastic deformation behaviour of anisotropic metals under three-dimensional stress states in the presence of fast neutron flux. It is shown that the general form of the constitutive relations is consistent with experimental observations made under both unirradiated and irradiated conditions. The utility of the model is demonstrated by examining the analytical results obtained for a segment of tubing undergoing different loading histories in a reactor. (Auth.)

  14. Constitutional problems in the handling of plutonium

    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

  15. Competition And Antitrust Law In Ecuadorian Constitution

    Marcelo Marín Sevilla

    2013-01-01

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

  16. Dynamic constitutional frameworks for DNA biomimetic recognition.

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

    2015-02-07

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

  17. Constitutive modeling of metastable austenitic stainless steel

    Perdahcioglu, Emin Semih; Geijselaers, Hubertus J.M.; Huetink, Han; Khan, A.

    2010-01-01

    A physically based, macroscale constitutive model has been developed that can describe the complex mechanical behavior of metastable austenitic stainless steels. In the developed model a generalized model for the mechanically induced martensitic transformation is introduced. Mechanical tests have

  18. Constitutional Provisions And Administrative Disciplinary Powers ...

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

  19. Constitutive properties of salt from four sites

    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

  20. Democracy, Citizen Sovereignty and Constitutional Economics

    Vanberg, Viktor J.

    2006-01-01

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

  1. On the constitutionality of dose limiting values

    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

  2. A constitutional economics perspective on soft paternalism

    Schnellenbach, Jan

    2015-01-01

    Using a framework that distinguishes short-term consumer preferences, individual reflective preferences and political preferences, we discuss from a constitutional economics perspective whether individuals find it in their common constitutional interest to endow representatives and bureaucrats with the competence to impose soft paternalist policies. The focus is specifically on soft paternalist policies, because these often work with non-transparent 'nudges' that are considered as manipulativ...

  3. How do the Constitutional Courts decide?

    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.

  4. Urgency of Attorney Governed by the Constitution

    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.

  5. Separation of powers and constitutional loyalty

    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.

  6. Ultima Ratio as a Constitutional Principle

    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

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

    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.

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

    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.

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

    Seiter, Michael; Schausberger, Peter

    2016-01-01

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

  10. Nuclear waste management and problems arising from constitutional law

    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

  11. A constitutive theory of reacting electrolyte mixtures

    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).

  12. Loading method of core constituting elements

    Kasai, Shigeo

    1976-01-01

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

  13. Nuclear energy and the constitutional state

    Saladin, P.

    1984-01-01

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

  14. Health care law versus constitutional law.

    Hall, Mark A

    2013-04-01

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

  15. Predominant constitutive CFTR conductance in small airways

    Lytle Christian

    2005-01-01

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

  16. Comparative studies on constitutive models for cohesive interface cracks of quasi-brittle materials

    Shen Xinpu; Shen Guoxiao; Zhou Lin

    2005-01-01

    In this paper, Concerning on the modelling of quasi-brittle fracture process zone at interface crack of quasi-brittle materials and structures, typical constitutive models of interface cracks were compared. Numerical calculations of the constitutive behaviours of selected models were carried out at local level. Aiming at the simulation of quasi-brittle fracture of concrete-like materials and structures, the emphases of the qualitative comparisons of selected cohesive models are focused on: (1) the fundamental mode I and mode II behaviours of selected models; (2) dilatancy properties of the selected models under mixed mode fracture loading conditions. (authors)

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

    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

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

    Mak, C.

    2009-01-01

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

  19. Constitutive equations for Zr1Nb. II

    Novak, J.

    1986-01-01

    Based on existing knowledge and constitutive equations for non-irradiated material, constitutive equations were written for Zr1Nb irradiated at 573 K at deformation in the direction of forming. Constitutive equations express the following material characteristics: dependence of shear strength on fast neutron fluence, superposition of deformation hardening and subsequent radiation hardening, the effect of stress on deformation rate, and for fluences above ca. 10 24 n.m -2 (E>1 MeV) the course of the deformation curve for various fluence levels. The values apply for temperatures and rates of deformation which are characteristic of transient processes during changes in the power output of fuel elements of pressurized water reactors. (J.B.)

  20. Extended constitutive laws for lamellar phases

    Chi-Deuk Yoo

    2013-10-01

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

  1. [Etiologic spectrum of solitary constitutional syndrome].

    Hernández Hernández, J L; Matorras Galán, P; Riancho Moral, J A; González-Macías, J

    2002-07-01

    To know the spectrum of diseases responsible for the solitary constitutional syndrome in our setting. This syndrome was defined as a clinical picture characterized by the presence of asthenia, anorexia, and weight loss of at least 5% of body weight in the last six months, not associated with any other symptom or sign suggesting the diagnosis of an organ or system disease. All patients diagnosed of the solitary constitutional syndrome (328) in a tertiary-care level teaching hospital between January 1991 and December 1996. Fifty-two (170) percent of patients with solitary constitutional syndrome were males and 48% (158) females. The mean age was 65.4%, ranging from 15 to 97 years. The average of the monthly estimated weight loss was 3 to 4 kilograms. A total of 115 (35%) malignant neoplasms and 5 (1.5%) benign tumors were diagnosed. The most common malignant tumors corresponded to the digestive tract (51.3% of the total malignant tumors). The second cause in frequency of the solitary constitutional syndrome corresponded to psychiatric diseases, with a total of 80 patients (24.3%). A total of 116 non-neoplastic organic diseases were detected, with digestive tract diseases --mainly peptic disease-- being the most common cause in this group. After follow-up, only in twenty cases were we unable to detect the underlying disease responsible for the syndrome. In nine of these, the solitary constitutional syndrome was self-limited. Forty-four percent of patients had at least another concomitant disease and in 24% of patients more than one associated condition was found. The most common diseases responsible for the solitary constitutional syndrome were, by decreasing frequency, malignant tumors, psychiatric disorders, and non-malignant organic diseases located in the digestive tract. A better knowledge of the etiological spectrum of this syndrome might be useful for a more efficient management of these patients.

  2. ASIC and ENaC type sodium channels: conformational states and the structures of the ion selectivity filters.

    Hanukoglu, Israel

    2017-02-01

    The acid-sensing ion channels (ASICs) and epithelial sodium channels (ENaC) are members of a superfamily of channels that play critical roles in mechanosensation, chemosensation, nociception, and regulation of blood volume and pressure. These channels look and function like a tripartite funnel that directs the flow of Na + ions into the cytoplasm via the channel pore in the membrane. The subunits that form these channels share a common structure with two transmembrane segments (TM1 and TM2) and a large extracellular part. In most vertebrates, there are five paralogous genes that code for ASICs (ASIC1-ASIC5), and four for ENaC subunits alpha, beta, gamma, and delta (α, β, γ, and δ). While ASICs can form functional channels as a homo- or heterotrimer, ENaC functions as an obligate heterotrimer composed of α-β-γ or β-γ-δ subunits. The structure of ASIC has been determined in several conformations, including desensitized and open states. This review presents a comparison of the structures of these states using easy-to-understand molecular models of the full complex, the central tunnel that includes an outer vestibule, the channel pore, and ion selectivity filter. The differences in the secondary, tertiary, and quaternary structures of the states are summarized to pinpoint the conformational changes responsible for channel opening. Results of site-directed mutagenesis studies of ENaC subunits are examined in light of ASIC1 models. Based on these comparisons, a molecular model for the selectivity filter of ENaC is built by in silico mutagenesis of an ASIC1 structure. These models suggest that Na + ions pass through the filter in a hydrated state. © 2016 Federation of European Biochemical Societies.

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

    Patrick, John J.

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

  4. Preliminary Validation of Composite Material Constitutive Characterization

    John G. Michopoulos; Athanasios lliopoulos; John C. Hermanson; Adrian C. Orifici; Rodney S. Thomson

    2012-01-01

    This paper is describing the preliminary results of an effort to validate a methodology developed for composite material constitutive characterization. This methodology involves using massive amounts of data produced from multiaxially tested coupons via a 6-DoF robotic system called NRL66.3 developed at the Naval Research Laboratory. The testing is followed by...

  5. The parameters of constitutional conflict after Melloni

    Besselink, L.F.M.

    2014-01-01

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

  6. Crushed-salt constitutive model update

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

    1998-01-01

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

  7. generalized constitutive model for stabilized quick clay

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

  8. Constitutive modelling of sandvik 1RK91

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

    2003-01-01

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

  9. Crushed-salt constitutive model update

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

    1998-01-01

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

  10. Constitutive behavior of reconsolidating crushed salt

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

    1998-02-01

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

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

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

  12. Constitution 200: A Bicentennial Collection of Essays.

    Hepburn, Mary A., Ed.; And Others

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

  13. The Air Force Officer and the Constitution

    2010-02-17

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

  14. Sub-national constitutions in Ethiopia

    eliasn

    practice.9 Consequently, the reference to the practice is merely tangential and is intended for ... ico, and Malaysia, from among others. See James A. .... ereignty and the principle of self-rule that constitutes an aspect of federal ..... ernment, to levy and collect state taxes on their own revenue sources, to es- tablish and ...

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

    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, ...

  16. A model for TRIP steel constitutive behaviour

    Perdahcioglu, Emin Semih; Geijselaers, Hubertus J.M.; Menari, G

    2011-01-01

    A constitutive model is developed for TRIP steel. This is a steel which contains three or four different phases in its microstructure. One of the phases in TRIP steels is metastable austenite (Retained Austenite) which transforms to martensite upon deformation. The accompanying transformation strain

  17. The Anatomy of a Constitutional Tort.

    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)

  18. Government and Ethics: The Constitutional Foundation.

    Rossum, Ralph A.

    1984-01-01

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

  19. 118 CONSTITUTIONALISM AND GOOD GOVERNANCE IN NIGERIA

    Fr. Ikenga

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

  20. Public health and the Australian Constitution.

    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.

  1. James Madison and the Constitutional Convention.

    Scanlon, Thomas M.

    1987-01-01

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

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

    Starr, Isidore

    1987-01-01

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

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

    ... 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.

  4. Learning from the EU Constitutional Treaty

    Crum, B.J.J.

    2012-01-01

    The negative results of referenda on the European Union (EU) Constitutional Treaty in France and the Netherlands, and subsequent low-key adoption of the Treaty of Lisbon raise complex questions about the possible democratization of international organisations. This book provides a full analysis of

  5. Constitutional Due Process and Educational Administration.

    Uerling, Donald F.

    1985-01-01

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

  6. Constitutive equations for two-phase flows

    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

  7. The Constitution of a Transnational Policy Field

    Højbjerg, Erik; Frankel, Christian

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

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

    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 ...

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

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

  10. Constitutive Modeling for Sheet Metal Forming

    Barlat, Frederic

    2005-01-01

    This paper reviews aspects of the plastic behaviour common in sheet metals. Macroscopic and microscopic phenomena occurring during plastic deformation are described succinctly. Constitutive models of plasticity suitable for applications to forming, are discussed in a very broad manner. Approaches to plastic anisotropy are described in a somewhat more detailed manner

  11. What Constitutes Fair Compensation for Unfair Dismissal

    user

    Professor, School of Business Leadership,. University of South ... towards its employees, especially in the light of the constitutionally protected right to dignity. The protection of fundamental freedoms such as gender equality, the right to dignity and the .... dismissal is provided for in terms of section 186(1)(e) of the LRA. 17.

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

    Ivona-Arina Raef

    2012-12-01

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

  13. 78 FR 57777 - Constitution Day and Citizenship Day, Constitution Week, 2013

    2013-09-19

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

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

    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

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

    Makbule Çeço

    2014-07-01

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

  16. The Possibility of Vice-Presidents’ Authority Arrangement in the 1945 Constitution through Constitutional Amendment

    Fajar L. Suroso

    2016-04-01

    Full Text Available The debate over the vice-presidents’ authority reappeared in the administration of President Jokowi after the “authority expansion of the Chief of Presidency Staff” and the case of “Rizal Ramli vs Jusuf Kalla”. This article is intended to provide arguments for the idea of some parties to organize more explicit and detailed the authority of vice-president in the 1945 Constitution. The idea arises from the absence of further arrangement on the authority of vice-president in the 1945 Constitution. This article is systematized into 3 (three sub-theme; 1 the arrangement of the vice-presidents’ authority in the constitution for several countries; 2 The authority of the vice-president according to the 1945 Constitution, and 3 New resultant and the possibility of 1945 Constitution amendment. The result revealed a number of interesting things; 1 the constitutions of other countries do not specify the authority of the vice-president and put the vice-president as a “spare tire” when the president is absent; 2 no new resultant about the position and authority of the vice-president so that theoretically is not reason enough to regulate in detail the authority of the vice-president through the 1945 Constitution amendment; 3 arrangement in detail in the authority of vice-president in the 1945 Constitution holds the potential to confuse the presidential system design as the 1945 Constitution. Therefore, the possibility of vice-presidents’ authority arrangement in the 1945 Constitution through amendment is very small, both in terms of momentum and the substance of issues.

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

    Nadirsyah Hosen

    2007-06-01

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

  18. Catholic Modernity and the Italian Constitution

    Thomassen, Bjørn; Forlenza, Rosario

    2016-01-01

    and give direction to the very idea of political modernity, bridging a positive encounter between Catholicism, democracy, and freedom. The specific argument is embedded within a larger aim to recognize attempts within Catholic philosophy and political thought to articulate a trajectory that moved away from......This article analyzes the Catholic contribution to the Italian republican and democratic Constitution of 1948. The focus is on the specific way in which the Italian citizen became symbolically coded as a ‘person’ and not as an ‘individual’, inspired by Catholic social philosophy. The Catholic...... project for the new Constitution had a considerable impact on modern Italian culture and politics and on the building of a modern mass democracy and welfare state. During the crucial historical juncture that followed the collapse of Fascism, Catholic politicians and intellectuals sought to interpret...

  19. Mechanism of constitution liquid film migration

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

    1999-06-01

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

  20. Constitutional problems in the handling of plutonium

    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

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

    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?

  2. Constitutive relations for multiphase flow modeling

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

    1998-01-01

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

  3. Federalism and constitutional change in Nigeria

    Okpanachi, Eyene; Garba, Ali

    2010-01-01

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

  4. Towards Viscoplastic Constitutive Models for Cosserat Rods

    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...

  5. Military Guilty Plea Inquiry: Some Constitutional Considerations.

    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

  6. Modification of the Integrated Sasang Constitutional Diagnostic Model

    Jiho Nam

    2017-01-01

    Full Text Available In 2012, the Korea Institute of Oriental Medicine proposed an objective and comprehensive physical diagnostic model to address quantification problems in the existing Sasang constitutional diagnostic method. However, certain issues have been raised regarding a revision of the proposed diagnostic model. In this paper, we propose various methodological approaches to address the problems of the previous diagnostic model. Firstly, more useful variables are selected in each component. Secondly, the least absolute shrinkage and selection operator is used to reduce multicollinearity without the modification of explanatory variables. Thirdly, proportions of SC types and age are considered to construct individual diagnostic models and classify the training set and the test set for reflecting the characteristics of the entire dataset. Finally, an integrated model is constructed with explanatory variables of individual diagnosis models. The proposed integrated diagnostic model significantly improves the sensitivities for both the male SY type (36.4% → 62.0% and the female SE type (43.7% → 64.5%, which were areas of limitation of the previous integrated diagnostic model. The ideas of these new algorithms are expected to contribute not only to the scientific development of Sasang constitutional medicine in Korea but also to that of other diagnostic methods for traditional medicine.

  7. Constitutional developments in Latin American abortion law.

    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.

  8. A constitutive law for degrading bioresorbable polymers.

    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.

  9. Constitutive equation of butter at static loading

    Šárka Nedomová

    2008-01-01

    Full Text Available This study focuses on the constitutive modelling of finite deformation in the commercially obtained butter (composition is 83 % of milk fat at the temperature 17–20 °C. The specimens from the butter (height L0=14.6 mm and diameter 20 mm have been compressed between two parallel metal plates at a fixed crosshead speed 20 mm/min using of the testing device TIRA TEST. The force F and the deformation ∆L are measured during compression and both quantities are recorded. The experimental records force F – displacement (deformation were obtained. These records have been transformed into stress–strain dependences and into true stress–true strain. The basic data on the strain behaviour of a butter under low strain rates have been obtained. Experimental results show that the behaviour of butter can be described by a hyperelastic material model. In this model, the quasi–static response is defined by compressible hyperelasticity, whereby the strain energy potential is assumed to be representable by a newly proposed polynomial series with three independent parameters. The material parameters in the constitutive model are determined from compression test. A comparison of predictions based on the proposed constitutive equation with experiments shows that the model is able to describe the strain behaviour of the butter examined.

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

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

    2011-01-01

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

  11. On the chemical constitution of a molten oxide core of a fast breeder reactor

    Hodkin, D.J.; Potter, P.E.

    1980-01-01

    A knowledge of the chemical constitution of a molten oxide fast reactor core is of great importance in the assessment of heat transfer from a cooling molten pool of debris and in the selection of materials for the construction of sacrificial beds for core containment. In this paper we describe some thermodynamic assessments of the likely chemical constitution of a molten oxide core, and then support our assessments by experimental observations

  12. 75 FR 57835 - Constitution Day and Citizenship Day, Constitution Week, 2010

    2010-09-22

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

  13. 76 FR 58705 - Constitution Day and Citizenship Day, Constitution Week, 2011

    2011-09-21

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

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

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

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

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

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

  16. Habermas on European Constitution and European Identity

    Éva Biró-Kaszás

    2010-12-01

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

  17. A constitutive law for dense granular flows.

    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.

  18. Constitutive model with time-dependent deformations

    Krogsbøll, Anette

    1998-01-01

    are common in time as well as size. This problem is adressed by means of a new constitutive model for soils. It is able to describe the behavior of soils at different deformation rates. The model defines time-dependent and stress-related deformations separately. They are related to each other and they occur...... was the difference in time scale between the geological process of deposition (millions of years) and the laboratory measurements of mechanical properties (minutes or hours). In addition, the time scale relevant to the production history of the oil field was interesting (days or years)....

  19. Validation of constitutive equations for steel

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

    1997-01-01

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

  20. [Constitutional syndrome associated to metformin induced hepatotoxicity].

    de la Poza Gómez, Gema; Rivero Fernández, Miguel; Vázquez Romero, Manuel; Angueira Lapeña, Teresa; Arranz de la Mata, Gemma; Boixeda de Miquel, Daniel

    2008-12-01

    Metformin is an oral antidiabetic agent frequently used to manage type II diabetes. This drug produces nonspecific gastrointestinal symptoms in 5-20% of patients and, more rarely, has also been associated with severe adverse effects such as lactic acidosis. Only a few isolated cases of hepatotoxicity due to this drug have been documented. We report the case of an 83-year-old man with constitutional syndrome and hepatic biochemical alterations, which were attributed to metformin after ruling out an oncologic etiology and observing complete clinical and biochemical resolution after withdrawal of the drug.

  1. Civil and Constitutional Rights of Adjudicated Youth.

    Landess, Jacqueline

    2016-01-01

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

  2. The EU and Constitutionalism in Egypt

    Seeberg, Peter

    2013-01-01

    of the unrest in Egypt followed by an analysis of the European-Egyptian relationship over the last two years divided in three parts: Egypt and the ENP-UfM complex, the Muslim Brotherhood and the Egyptian political transformation process seen in a European perspective and finally the migration issue...... in the context of Egyptian-European relations. The article argues that the EU policies, which earlier have been dominated by a pragmatic approach towards the Mubarak regime, now have to be rethought considering an Egyptian polity, where the contours of a new constitutionalism are developing....

  3. Numerically abnormal chromosome constitutions in humans

    NONE

    1993-12-31

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

  4. Constitutive relations for non-elastic deformation

    Hart, E.W.

    1978-01-01

    A new class of constitutive equations is described for non-elastic deformation of metals. The relations are embodied in a model that has had considerable experimental investigation. The model employs two deformation state variables of which one is a scalar hardness variable and the other is a stored anelastic strain. The description is entirely in terms of real time strain rates. The model and its experimental background is discussed. The relationship to mechanical calculations and a possible extension to radiation environment is also considered. (Auth.)

  5. Evaluation of constitutive models for crushed salt

    Callahan, G.D.; Loken, M.C.; Hurtado, L.D.; Hansen, F.D.

    1996-01-01

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

  6. Engineering and the constitution. Technik und Verfassung

    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).

  7. Proposals for the Reform of Constitutional Regulations on Public Finances

    Tibor András Hetei

    2011-01-01

    The main purpose of this paper is to make specific proposals in the areas of public finance and the budget process in the context of the reform of the Hungarian Constitution. In preparing the proposals the author has reviewed the prevailing constitutional regulations as well as the relevant practice of the Constitutional Court, and examined and compared the constitutional schemes of European countries. The paper finds that a number of aspects of the constitutional regulation of public finance...

  8. Urgensi Pengaturan Perkara Constitutional Complaint Dalam Kewenangan Mahkamah Konstitusi

    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.

  9. Constitutive modelling of composite biopolymer networks.

    Fallqvist, B; Kroon, M

    2016-04-21

    The mechanical behaviour of biopolymer networks is to a large extent determined at a microstructural level where the characteristics of individual filaments and the interactions between them determine the response at a macroscopic level. Phenomena such as viscoelasticity and strain-hardening followed by strain-softening are observed experimentally in these networks, often due to microstructural changes (such as filament sliding, rupture and cross-link debonding). Further, composite structures can also be formed with vastly different mechanical properties as compared to the individual networks. In this present paper, we present a constitutive model presented in a continuum framework aimed at capturing these effects. Special care is taken to formulate thermodynamically consistent evolution laws for dissipative effects. This model, incorporating possible anisotropic network properties, is based on a strain energy function, split into an isochoric and a volumetric part. Generalisation to three dimensions is performed by numerical integration over the unit sphere. Model predictions indicate that the constitutive model is well able to predict the elastic and viscoelastic response of biological networks, and to an extent also composite structures. Copyright © 2016 Elsevier Ltd. All rights reserved.

  10. Preliminary Test for Constitutive Models of CAP

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

    2010-05-15

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

  11. Scaling and constitutive relationships in downcomer modeling

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

    1978-12-01

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

  12. The constitutive response of three solder materials

    Perez-Bergquist, Alejandro G.; Cao Fang; Perez-Bergquist, Sara J.; Lopez, Mike F.; Trujillo, Carl P.; Cerreta, Ellen K.; Gray, George T.

    2012-01-01

    Highlights: ► The full constitutive response of three solder materials. ► Test temperatures from −196 °C to 60 °C and strain rates from 10 −3 to >10 3 s −1 . ► Substitutes for leaded solders from a mechanical/microstructural properties view. - Abstract: As increasing worldwide demand for portable consumer electronics drives development of smaller, faster, more powerful electronic devices, components in these devices must become smaller, more precise, and more robust. Often, failure of these devices comes as a result of failure of the package (i.e. when a mobile phone is dropped) and specifically comes as a result of failure of solder interconnects. As a result, stronger more reliable solder materials are needed. In this paper, the constitutive responses of three solder materials (Sn63Pb37, Sn62Pb36Ag2, and Sn96.5Ag3Cu0.5) are analyzed as a function of temperature (−196 °C to 60 °C) and strain rate (10 −3 to >10 3 s −1 ). The lead-free Sn96.5Ag3Cu0.5 possessed the highest yield stress of the three solders at all tested strain rates and temperatures, and all solder microstructures which displayed a mechanical response that was sensitive to temperature exhibited grain coarsening with increasing plastic strain, even at room temperature.

  13. The constitutive response of three solder materials

    Perez-Bergquist, Alejandro G., E-mail: alexpb@lanl.gov [Materials Science and Technology Division, Los Alamos National Laboratory, Mail Stop G755, Los Alamos, NM 87545 (United States); Cao Fang [Exxon Mobil Research and Engineering Company, Annadale, NJ 08801 (United States); Perez-Bergquist, Sara J.; Lopez, Mike F.; Trujillo, Carl P.; Cerreta, Ellen K.; Gray, George T. [Materials Science and Technology Division, Los Alamos National Laboratory, Mail Stop G755, Los Alamos, NM 87545 (United States)

    2012-05-25

    Highlights: Black-Right-Pointing-Pointer The full constitutive response of three solder materials. Black-Right-Pointing-Pointer Test temperatures from -196 Degree-Sign C to 60 Degree-Sign C and strain rates from 10{sup -3} to >10{sup 3} s{sup -1}. Black-Right-Pointing-Pointer Substitutes for leaded solders from a mechanical/microstructural properties view. - Abstract: As increasing worldwide demand for portable consumer electronics drives development of smaller, faster, more powerful electronic devices, components in these devices must become smaller, more precise, and more robust. Often, failure of these devices comes as a result of failure of the package (i.e. when a mobile phone is dropped) and specifically comes as a result of failure of solder interconnects. As a result, stronger more reliable solder materials are needed. In this paper, the constitutive responses of three solder materials (Sn63Pb37, Sn62Pb36Ag2, and Sn96.5Ag3Cu0.5) are analyzed as a function of temperature (-196 Degree-Sign C to 60 Degree-Sign C) and strain rate (10{sup -3} to >10{sup 3} s{sup -1}). The lead-free Sn96.5Ag3Cu0.5 possessed the highest yield stress of the three solders at all tested strain rates and temperatures, and all solder microstructures which displayed a mechanical response that was sensitive to temperature exhibited grain coarsening with increasing plastic strain, even at room temperature.

  14. The Eurozone Crisis: A Constitutional Analysis

    Anna Sting

    2015-08-01

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

  15. National simple: Constitutionality Analysis of Exclusions Sectorial

    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.

  16. Nuclear energy as reflected in Constitutional Law

    Ossenbuehl, F.

    1981-01-01

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

  17. HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW

    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.

  18. Towards Viscoplastic Constitutive Models for Cosserat Rods

    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.

  19. Preliminary Test for Constitutive Models of CAP

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

    2010-01-01

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

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

    Michael Seiter

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

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

    Elsayed, Ahmed Mohamed Abdelfattah

    2014-01-01

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

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

    Velez, Pedro

    2017-05-01

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

  3. The Constitutional Court and the Imperative of its Reform

    Claudia Gilia

    2012-12-01

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

  4. The 1857 Constitution and its Parlamentary Interlude

    David Pantoja Morán

    2008-04-01

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

  5. Constituting objectivity: Transcendental perspectives on modern physics

    Everett, Jonathan

    2012-05-01

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

  6. Nonlinear constitutive relations for anisotropic elastic materials

    Sokolova, Marina; Khristich, Dmitrii

    2018-03-01

    A general approach to constructing of nonlinear variants of connection between stresses and strains in anisotropic materials with different types of symmetry of properties is considered. This approach is based on the concept of elastic proper subspaces of anisotropic materials introduced in the mechanics of solids by J. Rychlewski and on the particular postulate of isotropy proposed by A. A. Il’yushin. The generalization of the particular postulate on the case of nonlinear anisotropic materials is formulated. Systems of invariants of deformations as lengths of projections of the strain vector into proper subspaces are developed. Some variants of nonlinear constitutive relations for anisotropic materials are offered. The analysis of these relations from the point of view of their satisfaction to general and limit forms of generalization of partial isotropy postulate on anisotropic materials is performed. The relations for particular cases of anisotropy are written.

  7. Constitutive Models for Shape Memory Alloy Polycrystals

    Comstock, R. J., Jr.; Somerday, M.; Wert, J. A.

    1996-01-01

    Shape memory alloys (SMA) exhibiting the superelastic or one-way effects can produce large recoverable strains upon application of a stress. In single crystals this stress and resulting strain are very orientation dependent. We show experimental stress/strain curves for a Ni-Al single crystal for various loading orientations. Also shown are model predictions; the open and closed circles indicate recoverable strains obtained at various stages in the transformation process. Because of the strong orientation dependence of shape memory properties, crystallographic texture can be expected to play an important role in the mechanical behavior of polycrystalline SMA. It is desirable to formulate a constitutive model to better understand and exploit the unique properties of SMA.

  8. A thermodynamically and microscopically motivated constitutive model for piezoceramics

    Kamlah, M.; Wang, Z.

    2003-07-01

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

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

    Robert Podolnjak

    2006-01-01

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

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

    Emenaker, Ryan

    2014-01-01

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

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

    Berro Pizzarossa, Lucia; Perehudoff, Katrina

    2017-01-01

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

  12. 3 CFR 8418 - Proclamation 8418 of September 16, 2009. Constitution Day and Citizenship Day, Constitution Week...

    2010-01-01

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

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

    Despotović Ljubiša M.

    2004-01-01

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

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

    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

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

    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 ...

  16. Constitutive Theory Developed for Monolithic Ceramic Materials

    Janosik, Lesley A.

    1998-01-01

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

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

    Varat, Jonathan D.

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

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

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

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

    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 ...

  20. Constitutional Provisions on the Press: A World View.

    Paraschos, Manny

    A study examined the legal treatment of the press in constitutions or other basic legal institutional documents from around the world. Sixty-three constitutions or basic documents from the Western World, the Communist Bloc, the Middle East, Africa, Southeast Asia, and Latin America were analyzed. Analysis revealed that most constitutions open with…

  1. CHAPTER FOUR LİBERTY AND TURKISH CONSTITUTIONS:

    FENDOĞLU, Doç.Dr.Hasan Tahsin

    2002-01-01

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

  2. Resolution and Letter to Congress from the Constitutional Convention

    Potter, Lee Ann

    2005-01-01

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

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

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

  4. James Madison's "Public" As Interpreter of the Constitution.

    Dewey, Donald O.

    James Madison's thoughts on various interpretations of the Constitution maintain that public opinion is the ultimate method of legitimizing the document. The Constitution must prevail against mere public opinion, but public opinion may be used to establish the meaning of the Constitution when conflicting interpretations exist. The public good and…

  5. Health care for Micronesians and constitutional rights.

    Shek, Dina; Yamada, Seiji

    2011-11-01

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

  6. Constitutive and ligand-induced TCR degradation

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

    2004-01-01

    Modulation of TCR expression levels is a central event during T cell development and activation, and it probably plays an important role in adjusting T cell responsiveness. Conflicting data have been published on down-regulation and degradation rates of the individual TCR subunits, and several di...... to the lysosomes. Similar results were obtained in studies of primary human Vbeta8+ T cells stimulated with superantigen. Based on these results, the simplest model for TCR internalization, sorting, and degradation is proposed.......Modulation of TCR expression levels is a central event during T cell development and activation, and it probably plays an important role in adjusting T cell responsiveness. Conflicting data have been published on down-regulation and degradation rates of the individual TCR subunits, and several...... divergent models for TCR down-regulation and degradation have been suggested. The aims of this study were to determine the rate constants for constitutive and ligand-induced TCR degradation and to determine whether the TCR subunits segregate or are processed as an intact unit during TCR down...

  7. Financial Accounting Constitution or its Referential Matrix

    Niculae Feleaga

    2006-07-01

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

  8. Felicidad y constitucionalismo = Happiness and constitutionalism

    María Isabel Lorca Martín de Villodres

    2013-09-01

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

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

    Savvas MAVRIDIS

    2017-08-01

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

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

    Siginer, Dennis A

    2014-01-01

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

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

    Hoeg, Darren Glen

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

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

    1988-01-01

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

  13. A stable computational scheme for stiff time-dependent constitutive equations

    Shih, C.F.; Delorenzi, H.G.; Miller, A.K.

    1977-01-01

    Viscoplasticity and creep type constitutive equations are increasingly being employed in finite element codes for evaluating the deformation of high temperature structural members. These constitutive equations frequently exhibit stiff regimes which makes an analytical assessment of the structure very costly. A computational scheme for handling deformation in stiff regimes is proposed in this paper. By the finite element discretization, the governing partial differential equations in the spatial (x) and time (t) variables are reduced to a system of nonlinear ordinary differential equations in the independent variable t. The constitutive equations are expanded in a Taylor's series about selected values of t. The resulting system of differential equations are then integrated by an implicit scheme which employs a predictor technique to initiate the Newton-Raphson procedure. To examine the stability and accuracy of the computational scheme, a series of calculations were carried out for uniaxial specimens and thick wall tubes subjected to mechanical and thermal loading. (Auth.)

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

    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.

  15. Territory in the Constitutional Standards of Unitary States

    Marina V. Markhgeym

    2017-06-01

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

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

    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...

  17. Why it's time to recognise Indigenous peoples in the Constitution.

    Williams, George

    2015-06-01

    This article provides an overview of why it is proposed that the Australian Constitution be changed to recognise Aboriginal and Torres Strait Islander peoples. It then establishes what changes are needed to the Constitution. The Australian Constitution fails to recognise Indigenous peoples, and still enables discrimination against them. This provides a sound case for changing the document. © The Royal Australian and New Zealand College of Psychiatrists 2015.

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

    Pūraitė-Andrikienė, Dovilė

    2017-01-01

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

  19. Sonora Legislators and their Constitution, 1857-1861

    Zulema Trejo

    2010-01-01

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

  20. Clinical study on constitutional herbal tea for treating chronic fatigue.

    Park, Soo-Jung; Bae, Young-Chun; Choi, Na-Rae; Ryu, Seung-Yeob; Kwon, Young-Mi; Joo, Jong-Cheon

    2014-12-01

    This study was designed to evaluate the efficacy and the safety of constitutional herbal tea for treating chronic fatigue with no diagnosed cause, which is called Mibyeong in Korea. Males and females with ages between 40 and 59 years who had complained of fatigue for 1 month consistently or for 6 months intermittently without a definite cause were recruited. At the same time, a Chalder fatigue scale (CFS) score of 19 was essential for participation in this study. Sixty five subjects completed the entire process, including blood tests and tests with medical devices. Five assessments of health status were accomplished over 8 weeks by using the CFS and the visual analogue scale (VAS). To ensure that the constitutional herbal tea was being safely used, we conducted and analyzed renal function and liver function tests. For the diagnosis of the Sasang constitution, the Sasang Constitutional Analysis Tool (SCAT) was used, and a specialist in Sasang constitutional medicine made the final diagnosis based on the SCAT result. Constitutional herbal tea was served four weeks after the first visit. The subjects took the constitutional herbal tea twice a day for one month. The results are as follows: The CFS and the VAS scores were significantly improved for the subjects in the constitutional herbal tea. No abnormalities were found on the blood tests to evaluate safety after taking the constitutional herbal tea. The improvements in the CFS and the VAS scores due to the constitutional herbal tea had no significant differences according to the Sasang constitution. Constitutional herbal tea may be used to reduce fatigue and improve health and has no adverse effect on either the kidney or the liver.

  1. Islamization in Malaysia: the constitutional and legal dimensions

    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...

  2. Work Towards a (New) Definition of Peace Constitution

    Gilliam, Jay R.; Jay R., Gilliam

    2011-01-01

    Current research on peace constitutions generally centers on Japan’s post-World War II pacifist constitution, specifically Article 9 where Japan renounces war, dissolves its military, and vows to work towards peace in the world. In fact, researching peace constitution (or 平和憲法 in Japanese) in books, academic journals, or on the Internet routinely returns only results about Japan and its Article 9. While a substantial body of work exists about Japan’s peace constitution, too often that body of...

  3. Constitutive equations for discrete electromagnetic problems over polyhedral grids

    Codecasa, Lorenzo; Trevisan, Francesco

    2007-01-01

    In this paper a novel approach is proposed for constructing discrete counterparts of constitutive equations over polyhedral grids which ensure both consistency and stability of the algebraic equations discretizing an electromagnetic field problem. The idea is to construct discrete constitutive equations preserving the thermodynamic relations for constitutive equations. In this way, consistency and stability of the discrete equations are ensured. At the base, a purely geometric condition between the primal and the dual grids has to be satisfied for a given primal polyhedral grid, by properly choosing the dual grid. Numerical experiments demonstrate that the proposed discrete constitutive equations lead to accurate approximations of the electromagnetic field

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

    Emilian Ciongaru

    2017-12-01

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

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

    Weian Mao

    2015-04-01

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

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

    Xu, Zejian; Huang, Fenglei

    2012-01-01

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

  7. Impact of constitutional copy number variants on biological pathway evolution.

    Poptsova, Maria; Banerjee, Samprit; Gokcumen, Omer; Rubin, Mark A; Demichelis, Francesca

    2013-01-23

    Inherited Copy Number Variants (CNVs) can modulate the expression levels of individual genes. However, little is known about how CNVs alter biological pathways and how this varies across different populations. To trace potential evolutionary changes of well-described biological pathways, we jointly queried the genomes and the transcriptomes of a collection of individuals with Caucasian, Asian or Yoruban descent combining high-resolution array and sequencing data. We implemented an enrichment analysis of pathways accounting for CNVs and genes sizes and detected significant enrichment not only in signal transduction and extracellular biological processes, but also in metabolism pathways. Upon the estimation of CNV population differentiation (CNVs with different polymorphism frequencies across populations), we evaluated that 22% of the pathways contain at least one gene that is proximal to a CNV (CNV-gene pair) that shows significant population differentiation. The majority of these CNV-gene pairs belong to signal transduction pathways and 6% of the CNV-gene pairs show statistical association between the copy number states and the transcript levels. The analysis suggested possible examples of positive selection within individual populations including NF-kB, MAPK signaling pathways, and Alu/L1 retrotransposition factors. Altogether, our results suggest that constitutional CNVs may modulate subtle pathway changes through specific pathway enzymes, which may become fixed in some populations.

  8. Modulation of constitutive activity and signaling bias of the ghrelin receptor by conformational constraint in the second extracellular loop

    Mokrosinski, Jacek; Frimurer, Thomas M; Sivertsen, Bjoern

    2012-01-01

    Based on a rare, natural Glu for Ala204(C+6) variant located six residues after the conserved Cys residue in extracellular loop 2 (ECL2b) associated with selective elimination of the high constitutive signaling of the ghrelin receptor, this loop was subjected to a detailed structure functional....... Moreover, the constitutive activity of the receptor was inhibited by Zn(2+) binding in an engineered metal-ion site stabilizing an a-helical conformation of this loop segment. It is concluded that the high constitutive activity of the ghrelin receptor is dependent upon flexibility in the C-terminal segment...

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

    El-Sayed, Ahmed

    2014-01-01

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

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

    Hezron Sabar Rotua Tinambunan

    2016-06-01

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

  11. Europe-building through private law : Lessons from constitutional theory

    Mak, C.

    2012-01-01

    Questioning the link between private law and the nation-state that is implied by nationalist perceptions of the law, this paper seeks to find support for a transnational (Europeanist,constitutional-patriotist or cosmopolitan) view on private law in constitutional theory. Normative theories of

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

    ... 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.

  13. Stohastic Properties of Plasticity Based Constitutive Law for Concrete

    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...

  14. Stochastic Properties of Plasticity Based Constitutive Law for Concrete

    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...

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

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

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

  16. 42 CFR 23.28 - What events constitute default?

    2010-10-01

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

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

    Hermkens, A.K.

    2010-01-01

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

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

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

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

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

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

    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.

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

    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 ...

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

    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, ...

  3. The Constitutionality of School Choice in New Hampshire

    Douglas, Charles G., III; Komer, Richard D.

    2004-01-01

    Does a "school choice" program, under which state funds are disbursed on a neutral basis to parents in the form of a voucher to defray the cost of sending their children to a school of their choice, run afoul of the Establishment Clause of the First Amendment to the United States Constitution, or of the New Hampshire Constitution? No. A…

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

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

  5. Constitutional obligations of a person and a citizen

    Alexey Yu. Ogurtsov

    2011-01-01

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

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

    Signe Larsen

    2014-06-01

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

  7. New Constitutionalism for Biosiversity vs. Neoconstitutionalism of Risk

    Michele Carducci

    2016-08-01

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

  8. Constitutive Modeling of Geomaterials Advances and New Applications

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

    2013-01-01

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

  9. Cicero and the Mixed Constitution (res publica mixta

    Mitja Sadek

    2009-12-01

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

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

    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

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

    Rakušanová, Petra

    2007-01-01

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

  12. NHS constitution values for values-based recruitment: a virtue ethics perspective.

    Groothuizen, Johanna Elise; Callwood, Alison; Gallagher, Ann

    2018-05-17

    Values-based recruitment is used in England to select healthcare staff, trainees and students on the basis that their values align with those stated in the Constitution of the UK National Health Service (NHS). However, it is unclear whether the extensive body of existing literature within the field of moral philosophy was taken into account when developing these values. Although most values have a long historical tradition, a tendency to assume that they have just been invented, and to approach them uncritically, exists within the healthcare sector. Reflection is necessary. We are of the opinion that selected virtue ethics writings, which are underpinned by historical literature as well as practical analysis of the healthcare professions, provide a helpful framework for evaluation of the NHS Constitution values, to determine whether gaps exist and improvements can be made. Based on this evaluation, we argue that the definitions of certain NHS Constitution values are ambiguous. In addition to this, we argue that 'integrity' and 'practical wisdom', two important concepts in the virtue ethics literature, are not sufficiently represented within the NHS Constitution values. We believe that the NHS Constitution values could be strengthened by providing clearer definitions, and by integrating 'integrity' and 'practical wisdom'. This will benefit values-based recruitment strategies. Should healthcare policy-makers in other countries wish to develop a similar values-based recruitment framework, we advise that they proceed reflectively, and take previously published virtue ethics literature into consideration. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

  13. La légitimité de la Constitution dans la doctrine constitutionnelle japonaise The Legality of the Constitution in the Japanese constitutional Doctrine

    Simon Serverin

    2010-07-01

    Full Text Available La Constitution japonaise, promulguée en novembre 1946 et entrée en vigueur en mai 1947, pose à la théorie constitutionnelle un certain nombre de problèmes qui ne sont toujours pas résolus. Adoptée sous occupation américaine, rédigée par les services du GHQ dirigés par le général MacArthur, la Constitution a en outre été promulguée comme une simple révision de la Charte impériale de 1889, dite Constitution de Meiji, alors que par les principes démocratiques nouveaux qu’elle instaurait, elle p...

  14. Possibilities for a constitutional embodiment of environment protection

    Hattenberger, D.

    1991-03-01

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

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

    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.

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

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

    2014-06-01

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

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

    H J (Jaco Deacon

    2014-06-01

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

  18. Organic Law Of Judicial Guarantees And Constitutional Control

    Ernesto López Freire

    2013-01-01

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

  19. Book review: Advanced Introduction to Comparative Constitutional Law.

    Ainhoa Martinez

    2016-12-01

    Full Text Available Tushnet presents a thoughtful introduction to the field of comparative constitutional law through a review of recent literature and an analysis of the key contemporary issues in constitutional design and structure. In the following lines a review of his book is presented.Book review of Mark Tushnet. Advanced Introduction to Comparative Constitutional Law. Cheltenham; Northampton: Edward Elgar Publishing, 2014. ISBN (Hb 978 1 78100 731 0 £58.50, ISBN (Pb 978 1 78347 351 9 £12.76.DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=2887014

  20. A Mathematical Approach to Establishing Constitutive Models for Geomaterials

    Guang-hua Yang

    2013-01-01

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

  1. Study on the constitutive model for jointed rock mass.

    Qiang Xu

    Full Text Available A new elasto-plastic constitutive model for jointed rock mass, which can consider the persistence ratio in different visual angle and anisotropic increase of plastic strain, is proposed. The proposed the yield strength criterion, which is anisotropic, is not only related to friction angle and cohesion of jointed rock masses at the visual angle but also related to the intersection angle between the visual angle and the directions of the principal stresses. Some numerical examples are given to analyze and verify the proposed constitutive model. The results show the proposed constitutive model has high precision to calculate displacement, stress and plastic strain and can be applied in engineering analysis.

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

    Hong-Jhang Chen

    2016-01-01

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

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

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

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

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

    2015-12-25

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

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

    2015-05-29

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

  6. Determination of brazed joint constitutive law by inverse method

    Lovato, G.; Moret, F.; Gallo, P. le; Cailletaud, G.; Pilvin, P.

    1993-01-01

    An important parameter often neglected for the calculation of residual stresses in brazed ceramic/metal assemblies is the joint constitutive law. In situ camber measurements on a model system (axisymmetric TZM/InCuSil ABA/316L samples) performed using a special vertical dilatometer during the whole brazing thermal cycle are compared with results of FEM calculations based on published filler metal constitutive laws. A strong disagreement is observed. Actual constitutive law of the joint is determined from these measurements using a numerical inverse method. Calculated displacements are fully consistent with experimental ones. True solidification temperature of the joint is determined. The identified constitutive law of the joint exhibits a low flow stress from solidification temperature to 320 C. (orig.)

  7. Limits of verification by the Federal Constitutional Court

    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

  8. The Legal Investigation Peculiarities in RF Constitutional Court

    Natal'ya V. Lebedeva

    2012-11-01

    Full Text Available The article features the legal proceedings between Federal Bodies, Entities of Russian Federation, and supreme bodies of RF entities which are both of theoretical and practical interests to powers of RF Constitutional Court.

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

    Rohrer, David E.

    1976-01-01

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

  10. A thermomechanical crystal plasticity constitutive model for ultrasonic consolidation

    Siddiq, Amir; El Sayed, Tamer S.

    2012-01-01

    We present a micromechanics-based thermomechanical constitutive model to simulate the ultrasonic consolidation process. Model parameters are calibrated using an inverse modeling approach. A comparison of the simulated response and experimental

  11. A constitutional critique on the regulations relating to artificial ...

    2017-06-30

    Jun 30, 2017 ... that a more rational premise on which to build future regulations would be to recognise .... information from the donor and ensure that, among other things, .... constitutional dispensation that ascribes to the value of autonomy.

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

    Hada, Kazuhiko; Mutoh, Yasushi

    1983-01-01

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

  13. Constitutive relation of concrete containing meso-structural characteristics

    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

  14. Mathematical modeling and the two-phase constitutive equations

    Boure, J.A.

    1975-01-01

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

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

    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...

  16. Consumer Rights as Constitutional Rights - A Comparative Analysis

    Mofasony

    1984-07-24

    Jul 24, 1984 ... Therefore, denial of any aspect of development through voluntary or ... Convention on Economic Social and Cultural Rights (ICESCR) which is compulsory ..... Article 51 of the 1978 Spanish Constitution is an illustration of an.

  17. A constitutional critique on the regulations relating to artificial ...

    2017-06-30

    Jun 30, 2017 ... ARTICLE. It is a basic constitutional requirement that all legislation must be ... This article considers the regulations relating to artificial fertilisation .... Zola[6] defines 'medicalisation' as the 'process whereby more and more of ...

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

    Public Participation: What has the Constitutional Court given the public? ... Linda Nyati explores the duty to facilitate public participation in legislative processes in terms of ... This issue, the article demonstrates, is highly pertinent to citizens in ...

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

    conclude that procedural rules, in essence, give effect (“life”) to the ends sought to be ... jurisdiction violates individual's constitutional appeal right. The decision ..... their argument is not fair, critical and logical when we see from the legal.

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

    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...

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

    Decker, R.

    1989-09-01

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

  2. Human Rights in Armed Conflicts and Constitutional Law

    Antonios Maniatis

    2017-01-01

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

  3. A phenomenological constitutive model for low density polyurethane foams

    Neilsen, M.K.; Morgan, H.S.; Krieg, R.D.

    1987-04-01

    Results from a series of hydrostatic and triaxial compression tests which were performed on polyurethane foams are presented in this report. These tests indicate that the volumetric and deviatoric parts of the foam behavior are strongly coupled. This coupling behavior could not be captured with any of several commonly used plasticity models. Thus, a new constitutive model was developed. This new model was based on a decomposition of the foam response into two parts: (1) response of the polymer skeleton, and (2) response of the air inside the cells. The air contribution was completely volumetric. The new constitutive model was implemented in two finite element codes, SANCHO and PRONTO. Results from a series of analyses completed with these codes indicated that the new constitutive model captured all of the foam behaviors that had been observed in the experiments. Finally, a typical dynamic problem was analyzed using the new constitutive model and other constitutive models to demonstrate differences between the models. Results from this series of analyses indicated that the new constitutive model generated displacement and acceleration predictions that were between predictions obtained using the other models. This result was expected. 9 refs., 45 figs., 4 tabs

  4. Sasang constitutional medicine as a holistic tailored medicine.

    Kim, Jong Yeol; Pham, Duong Duc

    2009-09-01

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

  5. Sasang Constitutional Medicine as a Holistic Tailored Medicine

    Jong Yeol Kim

    2009-01-01

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

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

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

    2011-01-01

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

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

    Hsiao-Ling Wang

    2012-01-01

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

  8. Constitutive Modelling of Resins in the Stiffness Domain

    Klasztorny, M.

    2004-09-01

    An analytic method for inverting the constitutive compliance equations of viscoelasticity for resins is developed. These equations describe the HWKK/H rheological model, which makes it possible to simulate, with a good accuracy, short-, medium- and long-term viscoelastic processes in epoxy and polyester resins. These processes are of first-rank reversible isothermal type. The time histories of deviatoric stresses are simulated with three independent strain history functions of fractional and normal exponential types. The stiffness equations are described by two elastic and six viscoelastic constants having a clear physic meaning (three long-term relaxation coefficients and three relaxation times). The time histories of axiatoric stresses are simulated as perfectly elastic. The inversion method utilizes approximate constitutive stiffness equations of viscoelasticity for the HWKK/H model. The constitutive compliance equations for the model are a basis for determining the exact complex shear stiffness, whereas the approximate constitutive stiffness equations are used for determining the approximate complex shear stiffness. The viscoelastic constants in the stiffness domain are derived by equating the exact and approximate complex shear stiffnesses. The viscoelastic constants are obtained for Epidian 53 epoxy and Polimal 109 polyester resins. The accuracy of the approximate constitutive stiffness equations are assessed by comparing the approximate and exact complex shear stiffnesses. The constitutive stiffness equations for the HWKK/H model are presented in uncoupled (shear/bulk) and coupled forms. Formulae for converting the constants of shear viscoelasticity into the constants of coupled viscoelasticity are given as well.

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

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

    2018-03-01

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

  10. A three-dimensional constitutive model for shape memory alloy

    Zhou, Bo; Yoon, Sung-Ho; Leng, Jin-Song

    2009-01-01

    Shape memory alloy (SMA) has a wide variety of practical applications due to its unique super-elasticity and shape memory effect. It is of practical interest to establish a constitutive model which predicts its phase transformation and mechanical behaviors. In this paper, a new three-dimensional phase transformation equation, which predicts the phase transformation behaviors of SMA, is developed based on the results of a differential scanning calorimetry (DSC) test. It overcomes both limitations: that Zhou's phase transformation equations fail to describe the phase transformation from twinned martensite to detwinned martensite of SMA and Brinson's phase transformation equation fails to express the influences of phase transformation peak temperatures on the phase transformation behaviors of SMA. A new three-dimensional constitutive equation, which predicts the mechanical behaviors associated with the super-elasticity and shape memory effect of SMA, is developed on the basis of thermodynamics and solid mechanics. Results of numerical simulations show that the new constitutive model, which includes the new phase transformation equation and constitutive equation, can predict the phase transformation and mechanical behaviors associated with the super-elasticity and shape memory effect of SMA precisely and comprehensively. It is proved that Brinson's constitutive model of SMA can be considered as one special case of the new constitutive model

  11. Constitutional Principles of State Control in the Republic of Armenia

    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.

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

    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

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

    A Louw

    2010-12-01

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

  14. Constitutive Equation with Varying Parameters for Superplastic Flow Behavior

    Guan, Zhiping; Ren, Mingwen; Jia, Hongjie; Zhao, Po; Ma, Pinkui

    2014-03-01

    In this study, constitutive equations for superplastic materials with an extra large elongation were investigated through mechanical analysis. From the view of phenomenology, firstly, some traditional empirical constitutive relations were standardized by restricting some strain paths and parameter conditions, and the coefficients in these relations were strictly given new mechanical definitions. Subsequently, a new, general constitutive equation with varying parameters was theoretically deduced based on the general mechanical equation of state. The superplastic tension test data of Zn-5%Al alloy at 340 °C under strain rates, velocities, and loads were employed for building a new constitutive equation and examining its validity. Analysis results indicated that the constitutive equation with varying parameters could characterize superplastic flow behavior in practical superplastic forming with high prediction accuracy and without any restriction of strain path or deformation condition, showing good industrial or scientific interest. On the contrary, those empirical equations have low prediction capabilities due to constant parameters and poor applicability because of the limit of special strain path or parameter conditions based on strict phenomenology.

  15. Perspective of the Human Body in Sasang Constitutional Medicine

    Junhee Lee

    2009-01-01

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

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

    Miguel Navarro Meza

    2017-12-01

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

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

    Kim Chaeweon

    2013-12-01

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

  18. The Australian Constitution and the Aid/Watch Case

    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.

  19. Quantum interaction. Selected papers

    Atmanspacher, Harald [Eidgenoessische Technische Hochschule, Zurich (Switzerland); Haven, Emmanuel [Leicester Univ. (United Kingdom). School of Management; Kitto, Kirsty [Queensland Univ. of Technology, Brisbane, QLD (Australia); Raine, Derek (ed.) [Leicester Univ. (United Kingdom). Centre for Interdisciplinary Science

    2014-07-01

    This book constitutes the refereed proceedings of the 7th International Conference on Quantum Interaction, QI 2013, held in Leicester, UK, in July 2013. The 31 papers presented in this book were carefully selected from numerous submissions. The papers cover various topics on quantum interaction and revolve around four themes: information processing/retrieval/semantic representation and logic; cognition and decision making; finance/economics and social structures and biological systems.

  20. Quantum interaction. Selected papers

    Atmanspacher, Harald; Haven, Emmanuel; Raine, Derek

    2014-01-01

    This book constitutes the refereed proceedings of the 7th International Conference on Quantum Interaction, QI 2013, held in Leicester, UK, in July 2013. The 31 papers presented in this book were carefully selected from numerous submissions. The papers cover various topics on quantum interaction and revolve around four themes: information processing/retrieval/semantic representation and logic; cognition and decision making; finance/economics and social structures and biological systems.

  1. Digital Materials - Evaluation of the Possibilities of using Selected Hyperelastic Models to Describe Constitutive Relations

    Mańkowski, J.; Lipnicki, J.

    2017-08-01

    The authors tried to identify the parameters of numerical models of digital materials, which are a kind of composite resulting from the manufacture of the product in 3D printers. With the arrangement of several heads of the printer, the new material can result from mixing of materials with radically different properties, during the process of producing single layer of the product. The new material has properties dependent on the base materials properties and their proportions. Digital materials tensile characteristics are often non-linear and qualify to be described by hyperelastic materials models. The identification was conducted based on the results of tensile tests models, its various degrees coefficients of the polynomials to various degrees coefficients of the polynomials. The Drucker's stability criterion was also examined. Fourteen different materials were analyzed.

  2. Digital Materials – Evaluation of the Possibilities of using Selected Hyperelastic Models to Describe Constitutive Relations

    Mańkowski J.

    2017-08-01

    Full Text Available The authors tried to identify the parameters of numerical models of digital materials, which are a kind of composite resulting from the manufacture of the product in 3D printers. With the arrangement of several heads of the printer, the new material can result from mixing of materials with radically different properties, during the process of producing single layer of the product. The new material has properties dependent on the base materials properties and their proportions. Digital materials tensile characteristics are often non-linear and qualify to be described by hyperelastic materials models. The identification was conducted based on the results of tensile tests models, its various degrees coefficients of the polynomials to various degrees coefficients of the polynomials. The Drucker’s stability criterion was also examined. Fourteen different materials were analyzed.

  3. Probabilistic estimation of the constitutive parameters of polymers

    Siviour C.R.

    2012-08-01

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

  4. Representing people, constituting worlds: multiple 'Neolithics' in the Southern Balkans

    Stratos Nanoglou

    2009-12-01

    Full Text Available This paper considers the diverse iconographic landscapes of the southern Balkans, especiallythose populated by human figurines. The main premise is that material culture is a resource upon which agents draw to situate themselves in the world. In this way, regional traits are deemed particularly important for the constitution of specific subjectivities, in contrast to a generic ‘Neolithic individual’, and at the same time, for the constitution of specific local worlds as opposed to an all-encompassing world that is merely experienced differently. I attempt to provide an example of such regional traits that would have constituted different contexts for agency during the Neolithic and focus on the differences between two regions within the southern Balkans, regions that do not remain the same in the course of time.

  5. A constitutive model for concrete under dynamic loading

    Suaris, W.; Shah, S.P.

    1983-01-01

    A continuous damage theory for the quasistatic and dynamic behaviour of concrete is presented. The continuous damage theory is rational choice for use in predicing the dynamic behaviour of concrete as the strain-rate effects that have been observed for concrete can to a large extent be attributed to the rate-sensitivity of the microcracking process. A vectorial representation is adopted for the damage to account for the planar nature of the microcracks in concrete. Damage is treated as an internal state variable influencing the free energy of the material and the constitutive equations and the damage evolution equations are derived consistently using thermodynamic considerations. The developed constitutive model is then calibrated by using test results in flexure and compression over a range of strain-rates. The constitutive model is also shown to be capable of predicting certain other experimentally observed characteristics of the dynamic response of concrete. (orig./HP)

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

    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

  7. Enacting and Re-Enacting the Constitution of Development

    Brønnum, Louise; Clausen, Christian

    2015-01-01

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

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

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

    1994-01-01

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

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

    Orestes Rodríguez Musa

    2013-12-01

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

  10. Development of constitutive equations for nuclear reactor core materials

    Lee, D.; Zaverl, F. Jr.; Plaza-Meyer, E.

    1980-01-01

    A set of strain rate dependent constitutive equations has been described which is capable of predicting deformation behavior of anisotropic metals under complex loading conditions with or without the presence of a neutron flux. The important feature of the constitutive equations is that they describe history dependent plastic deformation behavior of anisotropic metals under three-dimensional stress states. Since the analytical model accounts for the effect of prior deformation history at all times, it is capable of handling consecutive or simultaneous loading histories, such as post-irradiation loading, in-pile loading, etc. It is demonstrated that the general form of the constitutive relations is consistent with experimental observations made for Zircaloys under both unirradiated and irradiated conditions. (orig.)

  11. The Constitutional Reform in Romania after the 2009 Referendum

    Anthony Murphy

    2016-12-01

    Full Text Available This article sets to analyse the issue of constitutional reform in Romania in the aftermath of the 2009 referendum which approved the transition to a unicameral legislature and the reduction of the number of its members to 300 at most. Accordingly, constitutional change should be made only in respect to the option expressed by the people, albeit only one of the two subsequent proposals of revision contained such provisions. In turn, the conflict between the President and the Parliament withheld any prospect of change for some time. Seven years on, the issue remains a sensible part of the debate, with the Constitutional Court previously ruling that the results of the referendum are binding although its deliberative nature prevents any direct entry into force.

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

    Suzuki, Kazuhiko; Mutoh, Yasushi

    1983-01-01

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

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

    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.

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

    Junghee Yoo

    2012-01-01

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

  15. Globalisation of the National Judiciary and the Dutch Constitution

    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.

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

    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.

  17. The British parliament: An effort towards the constitutional reform

    Pejić Irena

    2015-01-01

    Full Text Available The British Parliament is the eldest representative assembly which inspired the development of most European parliamentary systems. This institution provides a framework for the Westminster model of democracy. The Parliament structure is based on bicameralism, including two chambers: the House of Commons and the House of Lords. The two-chamber structure is an integral part of the British parliamentary system. During the last century, many reforms took place regarding the modernization of Parliament. Thus, the number of members of the House of Lord has been reduced in order to ensure more efficiency in the working procedures. However, the House of Commons is still 'the dominant House' given its capacity to recruit a political majority which is eligible to control the Cabinet. During the 20th century, several waves of reforms engulfed the traditional English parliamentarism and its 'unwritten' constitution. Although the reforms have yielded some results, they have not yet produced a constitution in the formal sense. The partially reformed Parliament has not lost the traditional supremacy it was initially vested under the original postulates of the parliamentary sovereignty doctrine. The great constitutional reform in the UK, initiated in 1997, has encompassed not only Parliament but also a vast array of other areas ranging from the state power organization to human rights. In this process, the British Parliament should exercise a dual function: as a subject of reform ('reformer', as well as an object of reform ('the reformed'. Undoubtedly, the United Kingdom has been facing one of the largest waves of constitutional reforms in its long history, which will sooner or later lead to a constitutional codification in the state whose system is still predominantly based on the historical and 'unwritten' constitution.

  18. European Crises of Legally-constituted Public Power

    Kjær, Poul F.

    2017-01-01

    . The dual (trans-)national re-constitution of Western Europe in the years immediately after the Second World War, which the European integration process was an integrated part of, successfully remedied this development. However, over the last decades, Europe has experienced a ‘turn to governance’, which......The ‘turn to corporatism’ in the interwar period implied an erosion of the fragile institutionalisation of legally-constituted public power due to its suspension of the legal infrastructure of society and the concomitant breakdown of the distinction between the public and private realms of society...

  19. Constitutional judge and presidential reelection in Latin America

    Ernesto Cárdenas

    2018-04-01

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

  20. Constitutional Crowdsourcing to Reconcile Demos with Aristos and Nomos

    Abat Ninet, Antoni

    2017-01-01

    it is framed, been liberal democracies or authoritarian states. Derrida stated there is a sort of “semantic indeterminacy” at the core of democracy and that constitutional crowdsourcing is a way to intervene in this indeterminacy. The Icelandic example enlightened that there is a way to mediate between....... The final segment of the paper aims to obtain different elements to improve the constitutional crowdsourcing to be considered in future constituent processes around the world. From a formal perspective the paper simulates a judgment between a Plaintiff Demos (representing “We the People” the entitled...

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

    Peng, Xue-Jing; Li, Chong

    2011-10-01

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

  2. Are there reliable constitutive laws for dynamic friction?

    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).

  3. Constitution and magnetism of iron and its alloys

    Pepperhoff, Werner

    2001-01-01

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

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

    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

  5. Constitutive behaviour of mixed mode loaded adhesive layer

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

    2007-01-01

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

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

    Lorenz Astrid

    2015-11-01

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

  7. Economic and social rights in the Constitution of Serbia

    Rapajić Milan M.

    2015-01-01

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

  8. Selective Activation of AMPK β1-Containing Isoforms Improves Kidney Function in a Rat Model of Diabetic Nephropathy.

    Salatto, Christopher T; Miller, Russell A; Cameron, Kimberly O; Cokorinos, Emily; Reyes, Allan; Ward, Jessica; Calabrese, Matthew F; Kurumbail, Ravi G; Rajamohan, Francis; Kalgutkar, Amit S; Tess, David A; Shavnya, Andre; Genung, Nathan E; Edmonds, David J; Jatkar, Aditi; Maciejewski, Benjamin S; Amaro, Marina; Gandhok, Harmeet; Monetti, Mara; Cialdea, Katherine; Bollinger, Eliza; Kreeger, John M; Coskran, Timothy M; Opsahl, Alan C; Boucher, Germaine G; Birnbaum, Morris J; DaSilva-Jardine, Paul; Rolph, Tim

    2017-05-01

    Diabetic nephropathy remains an area of high unmet medical need, with current therapies that slow down, but do not prevent, the progression of disease. A reduced phosphorylation state of adenosine monophosphate-activated protein kinase (AMPK) has been correlated with diminished kidney function in both humans and animal models of renal disease. Here, we describe the identification of novel, potent, small molecule activators of AMPK that selectively activate AMPK heterotrimers containing the β 1 subunit. After confirming that human and rodent kidney predominately express AMPK β 1, we explore the effects of pharmacological activation of AMPK in the ZSF1 rat model of diabetic nephropathy. Chronic administration of these direct activators elevates the phosphorylation of AMPK in the kidney, without impacting blood glucose levels, and reduces the progression of proteinuria to a greater degree than the current standard of care, angiotensin-converting enzyme inhibitor ramipril. Further analyses of urine biomarkers and kidney tissue gene expression reveal AMPK activation leads to the modulation of multiple pathways implicated in kidney injury, including cellular hypertrophy, fibrosis, and oxidative stress. These results support the need for further investigation into the potential beneficial effects of AMPK activation in kidney disease. Copyright © 2017 by The American Society for Pharmacology and Experimental Therapeutics.

  9. Preliminary constitutive properties for salt and nonsalt rocks from four potential repository sites

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

    1983-07-01

    Results are presented from laboratory strength and creep tests performed on salt and nonsalt specimens from the Richton Dome in Mississippi, the Vacherie Dome in Louisiana, the Permian Basin in Texas, and the Paradox Basin in Utah. The constititive properties obtained for salt are the elastic moduli and the failure envelope at 24 0 C and parameter values for the exponential-time creep law. Some additional data are presented to indicate how the elastic moduli and strength change with temperature. The nonsalt constitutive properties reported are the elastic moduli, the unconfined compressive strength and the tensile strength at 24 0 C. The properties given in this report will be used in subsequent numerical simulations that will provide information to assist in the screening and selection of site locations for a nuclear waste repository and to assist in the repository design at the selected site. The matrix of tests performed is the minimum effort required to obtain these constitutive properties. The preliminary values obtained will be supplemented by additional testing for sites that are selected for further investigation

  10. Market and state in the vision of constitutional economy

    Cristian-Ion Popa

    2011-09-01

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

  11. Constitutional Challenge to Dormitory Residency Requirements: End of the Tunnel?

    Reed, Omer Lee, Jr.; Irving, Joe D.

    1976-01-01

    Since 1969 dormitory residency requirements have been under constitutional challenge. This discussion suggests a judicial trend supporting the requirements has been established. Housing administrators should note that not every requirement has been upheld and that the present trend is no guarantee against a future reversal of direction by the…

  12. Essential Medicines in National Constitutions : Progress since 2008

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

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

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

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

  14. The Absolute and the Relative Dimensions of Constitutional Rights

    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

  15. Criminal adjudication by state courts under the FDRE constitution ...

    ... delegation power or as an original power. This article explores how the state courts are adjudicating federal criminal matters, and how the criminal adjudicative jurisdiction of the federal courts and state courts is compartmentalized. Keywords: jurisdiction, criminal adjudication, compartmentalization, constitution, federalism ...

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

    Myers, J. A.

    1988-01-01

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

  17. Constitutional aspects of the right to health care in Slovenia.

    Kristan, I

    1995-01-01

    Certain aspects of the right to health care and the provision of health insurance and health services in Slovenia since its independence and adoption of a constitution in December 1991 are discussed. The dilemmas raised by conscientious objections by health care workers and the right to legal abortions are pertinently dealt with.

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

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

  19. Extended irreversible thermodynamics and the Jeffreys type constitutive equations

    Serdyukov, S.I.

    2003-01-01

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

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

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

    2013-01-01

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

  1. Review of constitutive models and failure criteria for concrete

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

    2000-03-01

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

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

    National Archives and Records Administration, Washington, DC.

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

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

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

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

  4. Judges as Fiscal Activists: Can Constitutional Review Shape Public Finance?

    Kantorowicz Jarosław

    2014-07-01

    Full Text Available The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this research gap. A judicial (constitutional review constitutes the central element of the current analysis since it is considered as a key institutional device through which Constitutional (Supreme Courts intervene in politics, including public finance. Specifically, this paper seeks to investigate empirically whether there is any systematic pattern according to which judges executing judicial review shape fiscal outcomes. The conceptual framework is based on the strategic interaction model and the assumption that the Constitutional Courts reflect public opinion (i.e. the Court as a majoritarian institution. Some preliminary results for a panel of 24 EU countries in the period 1995–2005 suggest that a strong judicial review correlates with a smaller size of government, measured as government income to GDP.

  5. Constitutive modeling of multiphase materials including phase transformations

    Perdahcioglu, Emin Semih; Geijselaers, Hubertus J.M.; Khan, A.S.; Meredith, C; Farrokh, B

    2011-01-01

    A constitutive model is developed for materials involving two or more different phases in their microstructure such as DP (Dual Phase) or TRIP (TRansformation Induced Plasticity) steels. Homogenization of the response of the phases is achieved by the Mean-Field method. One of the phases in TRIP

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

    Martin, C.; Manzanares, P.

    1994-01-01

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

  7. Constitutional Basis for the Enforcement of ''Executive'' Policies that ...

    Although "executive" policies remain an important governance tool, there appears to be confusion on the status and possible basis for their judicial enforcement in South Africa. The aim of this article is to critically reflect on the status and possible constitutional basis for the enforceability of "executive" policies that give effect ...

  8. Structure and Calibration of Constitutive Equations for Granular Soils

    Sawicki Andrzej

    2015-02-01

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

  9. BILF1 Mediated Transformation Correlates with Constitutive Signaling

    Lyngaa, Rikke Birgitte

    2009-01-01

    BIFL1 is a G protein-coupled receptor encoded by human EBV. It signals constitutively through G_alpha_i and is an orphan receptor known to down regulate MHCI expression. BILF1 also engage in dimerization with several chemokine receptors and it induced the activity of NF-kappa beta and inhibits...

  10. 1 CHILDREN'S RIGHTS IN THE SOUTH-AFRICAN CONSTITUTION ...

    Administrator

    1994-04-27

    Apr 27, 1994 ... In order to fathom the impact of the Constitution upon the rights of children, a ... state.' As this provision is self-explanatory, no further attention will be paid to it ...... Every child's birth must be registered in terms of the Births and.

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

    Erna Kinsey

    have been directly affected by the need to ensure that their operations and rules are constitutionally and legislatively compatible. .... decisions about dress in the educational context of the school. .... time, until she was paid at the end of the month, to purchase the shoes ..... The Promotion of Equality and Prevention of Unfair.

  12. Polynomial constitutive model for shape memory and pseudo elasticity

    Savi, M.A.; Kouzak, Z.

    1995-01-01

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

  13. Constitutive basis of the MDCF model for rock salt

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

    1996-01-01

    All valid constitutive equations must satisfy two general invariance principles as well several other principles. In this paper the MDCF (Multimechanism Deformation Coupled Fracture) model for rock salt is shown to be thermodynamically consistent, coordinate invariant, frame indifferent, and physically admissible. Additionally, the stress rates used in the formulation are shown to be kinematically consistent with the Cauchy stress rates

  14. 43 CFR 1.5 - Signature to constitute certificate.

    2010-10-01

    ..., or otherwise, while so employed and, if a period of one year has not passed since the termination of... representative capacity signs a paper in practice before the Department, his signature shall constitute his... officer or employee of the Government; and (d) That he has read the paper; that to the best of his...

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

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

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

    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:…

  17. An Integrated Theory of Constitutionalism in World Society

    Kjær, Poul F.

    is formal organisations as such and not the particular type of formal organisation which is associated with statehood. Thus, they can be public or private, national or transnational. On this background, a distinction is introduced between the internal setup of constitutional orders, the external strive...

  18. The Practice of Informal Changes to the Ethiopian Constitution

    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.

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

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

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

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

    2015-11-01

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

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

    Turner, Mary Ann

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

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

    John Michopoulos; Athanasios Iliopoulos; John Hermanson

    2012-01-01

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

  3. Thermodynamic consideration on the constitution of multi-thermochemical water splitting process

    Tagawa, Hiroaki

    1976-03-01

    The multi-thermochemical water splitting cycle comprises individual chemical reactions which are generalized as hydrolysis, hydrogen generation, oxygen generation and regeneration of the circulating materials. The circulating agents are required for the constitution of the cycle, but the guiding principle of selecting them is not available yet. In the present report, thermodynamic properties, especially Gibbs free energies for formation, of the agents are examined as a function of temperature. Oxides, sulfo-oxides, chlorides, bromides and iodides are chosen as the compounds. The chemical reactions for hydrolysis, hydrogen generation and oxygen generation are reviewed in detail. The general formulas for the three step splitting cycle are represented with discussion. (auth.)

  4. A crystallographic constitutive model for Ni3Al (L12) intermetallics

    Choi, Y.S.; Dimiduk, D.M.; Uchic, M.D.; Parthasarathy, T.A.

    2005-01-01

    A constitutive model was developed in order to capture the unique thermo-mechanical flow behavior of L1 2 -structured Ni 3 (Al, X) alloys. This model utilized a framework for flow-stress partitioning, which was previously proposed by Ezz and Hirsch, and incorporated a model for exhaustion hardening proposed by Caillard. The simulation results well represent the major aspects of the thermo-mechanical flow behavior of Ni 3 (Al, X) alloys, such as a flow-stress anomaly, its strain dependence and a work-hardening rate anomaly. Selected limitations are discussed along with our current efforts toward extending the present model

  5. Multiaxial probabilistic elastic-plastic constitutive simulations of soils

    Sadrinezhad, Arezoo

    Fokker-Planck-Kolmogorov (FPK) equation approach has recently been developed to simulate elastic-plastic constitutive behaviors of materials with uncertain material properties. The FPK equation approach transforms the stochastic constitutive rate equation, which is a stochastic, nonlinear, ordinary differential equation (ODE) in the stress-pseudo time space into a second-order accurate, deterministic, linear FPK partial differential equation (PDE) in the probability density of stress-pseudo time space. This approach does not suffer from the drawbacks of the traditional approaches such as the Monte Carlo approach and the perturbation approach for solving nonlinear ODEs with random coefficients. In this study, the existing one dimensional FPK framework for probabilistic constitutive modeling of soils is extended to multi--dimension. However, the multivariate FPK PDEs cannot be solved using the traditional mathematical techniques such as finite difference techniques due to their high computational cost. Therefore, computationally efficient algorithms based on the Fourier spectral approach are developed for solving a class of FPK PDEs that arises in probabilistic elasto-plasticity. This class includes linear FPK PDEs in (stress) space and (pseudo) time - having space-independent but time-dependent, and both space- and time-dependent coefficients - with impulse initial conditions and reflecting boundary conditions. The solution algorithms, rely on first mapping the stress space of the governing PDE between 0 and 2pi using the change of coordinates rule, followed by approximating the solution of the PDE in the 2pi-periodic domain by a finite Fourier series in the stress space and unknown time-dependent solution coefficients. Finally, the time-dependent solution coefficients are obtained from the initial condition. The accuracy and efficiency of the developed algorithms are tested. The developed algorithms are used to simulate uniaxial and multiaxial, monotonic and cyclic

  6. A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

    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.

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

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

    2016-08-01

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

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

    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.

  9. 15 years of constitutional review in the Supreme Court of Estonia : systematized extracts of constitutional review judgments and rulings of the Supreme Court en banc and the Constitutional Review Chamber in 1993-2008 / Riigikohus ; toim. ja eess.: Ge

    2009-01-01

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

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

    Rodrigo González Quintero

    2011-12-01

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

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

    Jakobsen, Kim Parsberg

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

  12. Dynamic nanoplatforms in biosensor and membrane constitutional systems.

    Mahon, Eugene; Aastrup, Teodor; Barboiu, Mihail

    2012-01-01

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

  13. Constitutional equations of thermal stresses of particle-reinforced composite

    Asakawa, Atsushi; Noda, Naotake; Tohgo, Keiichiro; Tsuji, Tomoaki.

    1994-01-01

    Functionally gradient materials (FGM) have been developed as ultrahigh-heat-resistant materials in aircraft, space engineering and nuclear fields. In the heat-resistant FGM which contain particles (ceramics) in the matrix (metal), the matrix will be subjected to plastic deformation, particles will be debonded, and finally cracks will be generated. The constitutive equations of FGM which take into account the damage process and change in temperature are necessary in order to solve these phenomena. In this paper, the constitutive equations of particle-reinforced composites with consideration of the damage process and change in temperature are estimated by the equivalent inclusion method in terms of elastoplasticity. The stress-strain relations and the coefficients of linear thermal expansion of the composites (Al-PSZ and Ti-PSZ) are calculated in ultrahigh temperature. (author)

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

    Jong Yeol Kim

    2011-01-01

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

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

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

    2011-01-01

    Sasang constitutional medicine (SCM), traditional Chinese medicine (TCM) and Ayurveda are three different forms of Asian traditional medicine. Although these traditions share a lot in common as holistic medicines, the different philosophical foundations found in each confer distinguishing attributes and unique qualities. SCM is based on a constitution-based approach, and is in this way relatively more similar to the Ayurvedic tradition than to the TCM, although many of the basic SCM theories were originally derived from TCM, a syndrome-based medicine. SCM and TCM use the same botanical materials that are distributed mainly in the East Asian region, but the basic principles of usage and the underlying rationale are completely different from each other. Meanwhile, the principles of the Ayurvedic use of botanical resources are very similar to those seen in SCM, but the medicinal herbs used in Ayurveda generally originate from the West Asian region which displays a different spectrum of flora. PMID:21949669

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

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

    2016-12-15

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

  17. Application of viscoplastic constitutive equations in finite element programs

    Hornberger, K.; Stamm, H.

    1987-04-01

    The general mathematical formulation of frequently used viscoplastic constitutive equations is explained and Robinson's model is discussed in more detail. The implementation of viscoplastic constitutive equations into Finite Element programs (such as ABAQUS) is described using Robinson's model as an example. For the numerical integration both an explicit (explicit Euler) and an implicit (generalized midpoint rule) integration scheme is utilized in combination with a time step control strategy. In the implicit integration scheme, convergence in solving a system of nonlinear algebraic equation is improved introducing a projection method. The efficiency of the implemented procedures is demonstrated for different homogeneous load cases as well as for creep loading and strain controlled cyclic loading of a perforated plate. (orig./HP) [de

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

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

    1989-01-01

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

  19. Hierarchical representation and utilization of plant constitution knowledge

    Nishizawa, Y.; Asami, K.

    1990-01-01

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

  20. Time-Delay Effects on Constitutive Gene Expression*

    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)

  1. Constitutional provisions on judicial independence and EU standards

    Kolaković-Bojović Milica

    2016-01-01

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

  2. Constitutional Block Effects of prescription of penal prosecution in Colombia

    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.

  3. A thermomechanical crystal plasticity constitutive model for ultrasonic consolidation

    Siddiq, Amir

    2012-01-01

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

  4. Right to life in constitution: An ecological view

    Orlović Slobodan P.

    2014-01-01

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

  5. Recombinant vectors construction for cellobiohydrolase encoding gene constitutive expression

    Leontina GURGU

    2012-12-01

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

  6. [Modified Delphi method in the constitution of school sanitation standard].

    Yin, Xunqiang; Liang, Ying; Tan, Hongzhuan; Gong, Wenjie; Deng, Jing; Luo, Jiayou; Di, Xiaokang; Wu, Yue

    2012-11-01

    To constitute school sanitation standard using modified Delphi method, and to explore the feasibility and the predominance of Delphi method in the constitution of school sanitation standard. Two rounds of expert consultations were adopted in this study. The data were analyzed with SPSS15.0 to screen indices of school sanitation standard. Thirty-two experts accomplished the 2 rounds of consultations. The average length of expert service was (24.69 ±8.53) years. The authority coefficient was 0.729 ±0.172. The expert positive coefficient was 94.12% (32/34) in the first round and 100% (32/32) in the second round. The harmonious coefficients of importance, feasibility and rationality in the second round were 0.493 (PDelphi method is a rapid, effective and feasible method in this field.

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

    Adam S Chilton

    2016-03-01

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

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

    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 ...

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

    Scicluna Nicole

    2017-11-01

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

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

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

    1994-01-01

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

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

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

    2011-01-01

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

  12. Transcending transmission Towards a constitutive perspective on CSR communication

    Schoeneborn Dennis; Trittin Hannah

    2013-01-01

    Purpose – Extant research on corporate social responsibility (CSR) communication primarily relies on a transmission model of communication that treats organizations and communication as distinct phenomena. This approach has been criticized for neglecting the formative role of communication in the emergence of organizations. This paper seeks to propose to reconceptualize CSR communication by drawing on the “communication constitutes organizations” (CCO) perspective. Design/methodology/approach...

  13. Brazilian Constitution and the Fundamental Right to Sanitation

    Michely Vargas Delpupo; José Geraldo Romanello Bueno

    2015-01-01

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

  14. An anisotropic elastoplastic constitutive formulation generalised for orthotropic materials

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

    2018-03-01

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

  15. Human Dignity – Constitutional Principle of Fundamental Human Rights

    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.

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

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

    2009-01-01

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

  17. Mechanical characterization and constitutive modeling of Mg alloy sheets

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

    2012-01-01

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

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

    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

  19. Potential constitutive models for salt: Survey of phenomenology, micromechanisms, and equations

    Senseny, P.E.; Hansen, F.D.

    1987-12-01

    Results are given of a literature survey performed to document the thermomechanical phenomena and micromechanical processes observed for salt over the ranges of stress and temperature of interest for a high-level nuclear repository. The elastic and thermal expansion behavior of salt can be readily modeled by the generalized Duhamel Neumann form of Hooke's law with temperature-dependent elastic constants and coefficient of thermal expansion. Inelastic deformation is primarily viscoplastic, but also has a brittle component. The observed phenomenological behavior of salt occurs because of micromechanical processes. To the extent that these processes have been studied, a summary of deformation mechanisms in natural salt is included in this report. Eight constitutive models that appear to be capable of modeling the viscoplastic deformation have been selected from the literature. Two models have been selected to model brittle deformation. Insufficient data are available to develop a model for failure. 92 refs., 39 figs., 6 tabs

  20. A regression approach for Zircaloy-2 in-reactor creep constitutive equations

    Yung Liu, Y.; Bement, A.L.

    1977-01-01

    In this paper the methodology of multiple regressions as applied to Zircaloy-2 in-reactor creep data analysis and construction of constitutive equation are illustrated. While the resulting constitutive equation can be used in creep analysis of in-reactor Zircaloy structural components, the methodology itself is entirely general and can be applied to any creep data analysis. The promising aspects of multiple regression creep data analysis are briefly outlined as follows: (1) When there are more than one variable involved, there is no need to make the assumption that each variable affects the response independently. No separate normalizations are required either and the estimation of parameters is obtained by solving many simultaneous equations. The number of simultaneous equations is equal to the number of data sets. (2) Regression statistics such as R 2 - and F-statistics provide measures of the significance of regression creep equation in correlating the overall data. The relative weights of each variable on the response can also be obtained. (3) Special regression techniques such as step-wise, ridge, and robust regressions and residual plots, etc., provide diagnostic tools for model selections. Multiple regression analysis performed on a set of carefully selected Zircaloy-2 in-reactor creep data leads to a model which provides excellent correlations for the data. (Auth.)

  1. Development of Cultural Construction and Constitutional Revolution in Iran

    Bijan Rabiee

    2017-10-01

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

  2. Development of a phenomenological constitutive model for polyurethane foams

    Neilsen, M.K.; Morgan, H.S.; Krieg, R.D.; Yoshimura, H.R.

    1989-01-01

    Rigid, closed-cell, polyurethane foam is used in impact limiters in nuclear waste transport containers. During a hypothetical nuclear waste transport accident, the foam is expected to absorb a significant amount of impact energy by undergoing large inelastic volume reductions. Consequently, the crushing of polyurethane foams must be well characterized and accurately modeled to properly analyze a transport container accident. At the request of Sandia National Laboratories, a series of uniaxial, hydrostatic and triaxial compression tests on polyurethane foams were performed by the New Mexico Engineering Research Institute (NMERI). The combination of hydrostatic and triaxial tests was chosen to provide sufficient data to characterize both the volumetric and deviatoric behaviors of the foams and the coupling between the two responses. Typical results from the NMERI tests are included in this paper. A complete description of these tests can be found in Neilsen et al., 1987. Constitutive models that have been used in the past to model foam did not capture some important foam behaviors observed in the NMERI tests. Therefore, a new constitutive model for rigid, closed-cell, polyurethane foams was developed and implemented in two finite element codes. Development of the new model is discussed in this paper. Also, results from analyses with the new model and other constitutive models are presented to demonstrate differences between the various models. 4 refs., 6 figs., 1 tab

  3. Formation of tungsten blue oxide and its phase constitution

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

    1984-01-01

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

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

    Faye H.

    2011-07-01

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

  5. Constitutional trisomy 8 and Behçet syndrome.

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

    2009-05-01

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

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

    Romano, Giovanni; Barretta, Raffaele; Diaco, Marina

    2018-01-01

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

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

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

    2013-02-07

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

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

    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.

  9. Constitutive protein secretion from the exocrine pancreas of fetal rats

    Arvan, P.; Chang, A.

    1987-01-01

    Two general kinds of exocytotic secretion of proteins are known: that which is stimulated by secretagogues; and constitutive exocytosis, which is unable to be stimulated. The exocrine pancreas has often been cited as a model system for the first kind of secretion. However, the release of digestive enzymes from the exocrine pancreas of 1-day prenatal rats cannot be stimulated by secretagogues; therefore, its secretion is constitutive. To gain insight into the intracellular pathways which mediate secretion in the fetal gland, we examined the kinetics of release of newly synthesized proteins. We find that fetal pancreas in a steady state of secretion releases pulse-labeled secretory proteins in two kinetically distinct phases. The first phase occurring during 0-6.5 h of chase comprises approximately 12% of total incorporated radioactivity, the second phase beginning at greater than 7 h of chase comprises the remainder. Based on analysis by electron microscope autoradiography, radiolabel is localized during the first phase of secretion in immature granules/condensing vacuoles, Golgi compartments, and few mature granules. The second phase of secretion occurs when radiolabel is predominantly in mature granules. We propose that secretion occurs via (at least) 2 exocytotic routes, both of which are constitutive in fetal pancreatic tissue

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

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

    1992-01-01

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

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

    Melan Yusuf Nomleni

    2017-02-01

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

  12. Color selection and location selection in ERPs : differences, similarities and 'neural specificity'

    Lange, J.J.; Wijers, A.A.; Mulder, L.J.M.; Mulder, G.

    It was hypothesized that color selection consists of two stages. The first stage represents a feature specific selection in neural populations specialized in processing color. The second stage constitutes feature non-specific selections, related to executive attentional processes and/or motor

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

    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.

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

    McClellan, James

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

  15. Constitutive relationships for elastic deformation of clay rock: Data Analysis

    Liu, H.H.; Rutqvist, J.; Birkholzer, J.T.

    2011-01-01

    Geological repositories have been considered a feasible option worldwide for storing high-level nuclear waste. Clay rock is one of the rock types under consideration for such purposes, because of its favorable features to prevent radionuclide transport from the repository. Coupled hydromechanical processes have an important impact on the performance of a clay repository, and establishing constitutive relationships for modeling such processes are essential. In this study, we propose several constitutive relationships for elastic deformation in indurated clay rocks based on three recently developed concepts. First, when applying Hooke's law in clay rocks, true strain (rock volume change divided by the current rock volume), rather than engineering strain (rock volume change divided by unstressed rock volume), should be used, except when the degree of deformation is very small. In the latter case, the two strains will be practically identical. Second, because of its inherent heterogeneity, clay rock can be divided into two parts, a hard part and a soft part, with the hard part subject to a relatively small degree of deformation compared with the soft part. Third, for swelling rock like clay, effective stress needs to be generalized to include an additional term resulting from the swelling process. To evaluate our theoretical development, we analyze uniaxial test data for core samples of Opalinus clay and laboratory measurements of single fractures within macro-cracked Callovo-Oxfordian argillite samples subject to both confinement and water reduced swelling. The results from this evaluation indicate that our constitutive relationships can adequately represent the data and explain the related observations.

  16. Constitutive relationships for elastic deformation of clay rock: Data Analysis

    Liu, H.H.; Rutqvist, J.; Birkholzer, J.T.

    2011-04-15

    Geological repositories have been considered a feasible option worldwide for storing high-level nuclear waste. Clay rock is one of the rock types under consideration for such purposes, because of its favorable features to prevent radionuclide transport from the repository. Coupled hydromechanical processes have an important impact on the performance of a clay repository, and establishing constitutive relationships for modeling such processes are essential. In this study, we propose several constitutive relationships for elastic deformation in indurated clay rocks based on three recently developed concepts. First, when applying Hooke's law in clay rocks, true strain (rock volume change divided by the current rock volume), rather than engineering strain (rock volume change divided by unstressed rock volume), should be used, except when the degree of deformation is very small. In the latter case, the two strains will be practically identical. Second, because of its inherent heterogeneity, clay rock can be divided into two parts, a hard part and a soft part, with the hard part subject to a relatively small degree of deformation compared with the soft part. Third, for swelling rock like clay, effective stress needs to be generalized to include an additional term resulting from the swelling process. To evaluate our theoretical development, we analyze uniaxial test data for core samples of Opalinus clay and laboratory measurements of single fractures within macro-cracked Callovo-Oxfordian argillite samples subject to both confinement and water reduced swelling. The results from this evaluation indicate that our constitutive relationships can adequately represent the data and explain the related observations.

  17. Micromechanics of Composite Materials Governed by Vector Constitutive Laws

    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.

  18. Constitutive modelling in the range of inelastic deformations

    Bruhns, O.T.; White, P.S.; Chaboche, J.L.; Eikhoff, J.V.D.

    1988-01-01

    The main objective of this report is to describe the state of the art in constitutive modelling in the range of inelastic deformations, with particular consideration of the practical use of these models in the field of fast reactors, rather than to formulate new models. An outline is given of the constitutive equations for high-temperature reactor materials developed at the Oak Ridge National Laboratory. Two forms of equations are considered, a semi-classical treatment in terms of separate plasticity and creep and unified equations in which the classical plasticity does not explicitly occur. The fraction model originally proposed by Besseling is described. The basic concept of this model is that the material is thought to be subdivided into a number of parallel fractions, each with simple conventional properties. The more complicated behaviour of real material is thus approximated by choosing a number of parallel fractions with suitable models and model parameters. Three time-independent formulations of plasticity are considered and compared. Attention is focused on the kinematic hardening in the multi-yield surface theory of Mroz and the non-linear kinematic rule intensively used at Enset and Onera. Some connections are pointed out with the two-surface model of Dafalias and Popov, and the range of applicability of the different models is studied in detail. Finally, the constitutive equations of the Interatom model are presented. They are mainly based on the concept of overstresses, expressing the rate-dependence of the material by the magnitude of these overstresses. This model furthermore comprises a combination of general non-linear isotropic and kinematic hardening, with a smooth transition from isotropic to kinematic hardening as a function of process time

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

    Park, Joo-Hong

    2009-06-01

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

  20. [Constitutional syndrome as a presentation of a cerebellopontine meningioma].

    Ruiz-Serrato, A; Mata-Palma, A; Olmedo-Llanes, J; García-Ordóñez, M A

    2014-03-01

    Meningiomas are basically benign tumours arising in the meninges and account for 15-25% of intracranial tumours in adults. It is clinically signs are due to compression of the neighbouring structures, with the main symptoms being migraine, behavioural changes, and neurological deficits. We present a case where constitutional syndrome was the first and principal manifestation of an intracranial cerebellopontine meningioma. Copyright © 2012 Sociedad Española de Médicos de Atención Primaria (SEMERGEN). Publicado por Elsevier España. All rights reserved.

  1. Constitutional mismatch repair deficiency syndrome: Do we know it?

    Ramachandra, C; Challa, Vasu Reddy; Shetty, Rachan

    2014-04-01

    Constitutional mismatch repair deficiency syndrome is a rare autosomal recessive syndrome caused by homozygous mutations in mismatch repair genes. This is characterized by the childhood onset of brain tumors, colorectal cancers, cutaneous manifestations of neurofibromatosis-1 like café au lait spots, hematological malignancies, and occasionally other rare malignancies. Here, we would like to present a family in which the sibling had glioblastoma, and the present case had acute lymphoblastic lymphoma and colorectal cancer. We would like to present this case because of its rarity and would add to literature.

  2. What constitutes cerebral palsy in the twenty-first century?

    Smithers-Sheedy, Hayley; Badawi, Nadia; Blair, Eve

    2014-01-01

    AIM: Determining inclusion/exclusion criteria for cerebral palsy (CP) surveillance is challenging. The aims of this paper were to (1) define inclusion/exclusion criteria that have been adopted uniformly by surveillance programmes and identify where consensus is still elusive, and (2) provide...... (SCPE; 1976-1998). An expert panel used a consensus building technique, which utilized the SCPE 'decision tree' and the original 'What constitutes cerebral palsy?' paper as frameworks. RESULTS: CP surveillance programmes agree on key clinical criteria pertaining to the type, severity, and origin...

  3. The South African Constitution requires men to be feminist

    H.P.P. Lótter

    2000-03-01

    Full Text Available Can a man be a feminist? If so, what would it mean? I want to participate in a dialogue between women and men on how to accommodate women's moral concerns. I propose that the fundamental values of justice embodied in the South African constitutional democracy require men to be feminist. These values provide the best safeguard of the important interests and values of both women and men. Men who accept these values can support the main concerns of feminism. The implications of the argument in this article range from public issues to the most private aspects of marriage.

  4. Admission to Banking Public Service in Brazil: Constitutional Compliance?

    Raquel Maria Azevedo Pereira Farias

    2016-10-01

    Full Text Available Concerning public banking institutions, many tenders take place, however “reservation register” retain people in the expectation of being hired, which may not happen. Another institute that compromises the hiring of those is the outsourcing process that is formally constituted, but whose aim is the hiring of cheap and skilled labor not to shoulder the high costs of a public worker. Economic growth, globalization, the informal market, increase banks’ profits at the expenses of people who dedicate their lives to succeed in a public tender while there are those who submit themselves to the precarious work conditions of the outsourcing.

  5. Cognition versus Constitution of Objects: From Kant to Modern Physics

    Mittelstaedt, Peter

    2009-07-01

    Classical mechanics in phase space as well as quantum mechanics in Hilbert space lead to states and observables but not to objects that may be considered as carriers of observable quantities. However, in both cases objects can be constituted as new entities by means of invariance properties of the theories in question. We show, that this way of reasoning has a long history in physics and philosophy and that it can be traced back to the transcendental arguments in Kant’s critique of pure reason.

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

    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.

  7. Optimality criteria for the components of anisotropic constitutive matrix

    Pedersen, Pauli; Pedersen, Niels Leergaard

    2014-01-01

    densities is equal value for the weighted elastic energy densities, as a natural extension of the optimality criterion for a single load case. The second optimality criterion for the components of a constitutive matrix (of unit norm) is proportionality to corresponding weighted strain components...... with the same proportionality factor $widehat lambda $ for all the components, as shortly specified by $C_{i j k l} = widehat lambda sum _{n} eta _{n} (epsilon _{i j})_{n} (epsilon _{k l})_{n}$, in traditional notation (n indicate load case). These simple analytical results should be communicated, in spite...

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

    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

  9. Constitutive phosphorylation of Shc proteins in human tumors

    Pelicci, G; Lanfrancone, L; Salcini, A E

    1995-01-01

    The Shc gene encodes three overlapping proteins which all contain a carboxy-terminal SH2 domain. Shc proteins are ubiquitously expressed and are downstream targets and effectors of activated tyrosine kinases (TK). We investigated tyrosine-phosphorylation of Shc proteins in normal and transformed...... of the Shc-associated phosphoproteins (EGFR, PDGFR, erbB-2, Met, bcr-abl, H4-ret) bound both the Shc- and Grb2-SH2 domains in vitro; others (p175; p70-p80) only the Shc-SH2 domain and yet others (p140) only the Grb2-SH3 domains. These results indicate that Shc proteins are common substrates of constitutively...

  10. Theoretical and experimental investigations of a thermoplastic constitutive law

    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.

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

    Abat Ninet, Antoni; Tushnet, Mark

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

  12. Initiating the judicial review in the European model of constitutional justice

    Stojanović Dragan

    2014-01-01

    Judicial review is the core competence of the constitutional judicature in Europe, which is largely shaped by the Austrian and German models of constitutional justice. In that context, the issue of initiating the constitutional review of legislation is extremely important. Depending on the subject who is authorized to initiate this proceeding, the constitutional review may be twofold: the abstract control and the incidental control. The former type of constitutional review is generally initia...

  13. Factors Influencing Participation of Rural Women in Zimbabwes 2013 Constitution Referendum A Case Study Of Ward 22 Gutu District

    Barbra Ncube

    2015-08-01

    Full Text Available Abstract Participation is the cornerstone of citizen engagement. In constitution making and other public policy formulation processes public participation typically involves preparing the public to participate through civic education and public information campaigns as well as consulting the public on issues such as how the process should take place and the contents of the constitution itself. This study sought to examine the factors that influence womens participation in constitution making processes specifically relating to voting in the constitution referendum in the case of rural women residing in ward 22 of Gutu district of Zimbabwe. Gutu District is the third largest district in Masvingo province. Ward 22 is located in the communal region of Gutu central. The people of ward 22 largely depend on subsistence farming and market gardening for their livelihoods. The objectives of the study were to ascertain to what extent media campaign and publicity efforts by womens civic groups and public interaction through public meetings and hearings were able to influence the participation of Zimbabwean women in the 2013 referendum in ward 22 Gutu district. Over and above these objectives the study sought to document the experiences and views of rural Zimbabwean women on the constitution making process. This study adopted a descriptive case study research design. Samples of 108 women from Ward 22 Gutu District were conveniently selected to participate in this study. Data was collected using a structured interview guide and questionnaires which were administered to the respondents. A focused group discussion was also carried out to verify the information gathered through these instruments. Findings and conclusions were derived by means of detailed comparative and inductive analysis of data. Descriptive statistics were employed in the presentation of the findings. Amongst the major findings are that rural women in ward 22 in Gutu district were in actual

  14. Constitutive model for evaluation of nuclear containment structures

    Gocevski, Vladimir [Hydro-Quebec, 75 Rene-Levesque Boulevard, West Montreal, QC H2Z 1A4 (Canada)

    2006-09-15

    The paper presents the new constitutive relations for a homogenized reinforced concrete material. Two-stage homogenization procedure is described, i.e. prior to cracking (Phase I) and after cracking (Phase II) of the concrete matrix. Hence, the localization phenomenon and the 'size effect' are properly described. The constitutive law incorporated in the main algorithm of the commercially available finite element code COSMOS/M is further discussed. The model is applied to simulate some relevant aging mechanisms. Therefore, in the proposed paper the assessment of the prestressed concrete aging of the containment structure of Gentilly-2 nuclear power plant using an advanced numerical procedure will be presented. Aging mechanisms considered possible are discussed, the present conditions are assessed and the mechanisms that are likely to impair proper future functioning of the structure are identified. The results of the numerical analysis of the reinforced concrete structure subjected to loads such as thermal and seismic loads are presented and discussed. Attention is given to the analysis of the effects of concrete swelling due to alkali-aggregate reaction. The paper also includes an evaluation of a potential damage in the context of a high velocity impact of a commercial aircraft into the containment structure. (author)

  15. Rumex acetosa Y chromosomes: constitutive or facultative heterochromatin?

    Mosiołek, Magdalena; Pasierbek, Paweł; Malarz, Janusz; Moś, Maria; Joachimiak, Andrzej J

    2005-01-01

    Condensed Y chromosomes in Rumex acetosa L. root-tip nuclei were studied using 5-azaC treatment and immunohistochemical detection of methylated histones. Although Y chromosomes were decondensed within root meristem in vivo, they became condensed and heteropycnotic in roots cultured in vitro. 5-azacytidine (5-azaC) treatment of cultured roots caused transitional dispersion of their Y chromosome bodies, but 7 days after removal of the drug from the culture medium, Y heterochromatin recondensed and again became visible. The response of Rumex sex chromatin to 5-azaC was compared with that of condensed segments of pericentromeric heterochromatin in Rhoeo spathacea (Sw.) Steam roots. It was shown that Rhoeo chromocentres, composed of AT-rich constitutive heterochromatin, did not undergo decondensation after 5-azaC treatment. The Y-bodies observed within male nuclei of R. acetosa were globally enriched with H3 histone, demethylated at lysine 4 and methylated at lysine 9. This is the first report of histone tail-modification in condensed sex chromatin in plants. Our results suggest that the interphase condensation of Y chromosomes in Rumex is facultative rather than constitutive. Furthermore, the observed response of Y-bodies to 5-azaC may result indirectly from demethylation and the subsequent altered expression of unknown genes controlling tissue-specific Y-inactivation as opposed to the global demethylation of Y-chromosome DNA.

  16. Licensing of nuclear power plants, immediate implementation, constitutional appeal

    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

  17. What constitutes the gas sales contract in the evolving marketplace?

    Hughes, T.M.

    1996-01-01

    A general overview of certain fundamental issues of contract law, which are relevant to gas sales transactions, was presented. Since deregulation, parties of the Canadian natural gas market are free to negotiate the terms of arrangements and contracts with any number of buyers and sellers. With deregulation also came a substantial increase in the amount of litigation regarding sales contracts. Two basic issues that should be kept in mind when negotiating any gas sales contract were letter agreements, (two versions of non-binding letters of intent), and requirement of writing. Within the requirements of writing one should be mindful of the legal implications of the fraud statutes, the Sale of Goods Act, what constitutes a sufficient note or memorandum, what constitutes the requisite signature, contracting out of the requirement of writing and signature on the mass agreement, certainty of terms, and the terms implied by legislation. It was considered advantageous for both buyers and sellers to continue to be vigilant about the contractual arrangements respecting all of their gas transactions

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

    Thomas, Michael A.; Chitty, Daniel E.

    2011-01-01

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

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

    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

  20. Creep mechanisms and constitutive relations in pure metals

    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