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Sample records for constitutive heterotrimer selectively

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

    DEFF Research Database (Denmark)

    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 ...

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

    Science.gov (United States)

    Barboiu, Mihail

    2012-01-01

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

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

    Science.gov (United States)

    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

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

    Science.gov (United States)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

    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

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

    NARCIS (Netherlands)

    Xin, B.

    2017-01-01

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

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

    International Nuclear Information System (INIS)

    Li, Peifeng

    2015-01-01

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

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

    Science.gov (United States)

    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.

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

    Science.gov (United States)

    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.

  11. Essential Medicines in National Constitutions

    Science.gov (United States)

    Toebes, Brigit; Hogerzeil, Hans

    2016-01-01

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

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

    Science.gov (United States)

    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.

  13. Constitution, 1989. [Selected provisions].

    Science.gov (United States)

    1989-01-01

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

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

    Science.gov (United States)

    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.

  15. Elastic-plastic constitutive modeling of concrete

    International Nuclear Information System (INIS)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

  17. Gospel and constitutional imperatives: the right to life

    Directory of Open Access Journals (Sweden)

    S.P. Giles

    2011-06-01

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

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

    Science.gov (United States)

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

    2016-06-01

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

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

    OpenAIRE

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

    2012-01-01

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

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

    NARCIS (Netherlands)

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

    2012-01-01

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

  1. Constitutional changes and the dilemmas of constitutionalism

    Directory of Open Access Journals (Sweden)

    Arsen Bačić

    2009-01-01

    Full Text Available The need to develop constitutional mechanisms whose aim is to resolve fundamental relations in society demands the widest possible inclusion of all of society’s active participants in the discussion on the need to adopt or revise the Constitution. The opening of every new round of constitutional changes is of great importance because it always unlocks certain new and important questions. The answers to those questions should be offered by state authority (policy and civil society including science and its disciplines. In this paper, the author mentions several topics which are of interest in the current discussion on the significance of current constitutional changes for the future of the development of constitutionalism and democracy in the Republic of Croatia. These are above all topics of political and legal constitutionalism and suggestions linked to strengthening the independence of judicial powers. The author advocates consistent application of constitutional control and check mechanisms which exclude all insularity of judicial powers in relation to democratic control.

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

    Science.gov (United States)

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

    OpenAIRE

    Faiz, Pan Mohamad

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marieta Safta

    2012-11-01

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

  5. Constitutional judges (guarantee of the Constitution and responsibility

    Directory of Open Access Journals (Sweden)

    Francisco Javier Ansuátegui Roig

    2012-06-01

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

  6. National constitutional courts in the European Constitutional Democracy

    DEFF Research Database (Denmark)

    Komárek, Jan

    2014-01-01

    This article critically assesses the transformation of national constitutional courts’ place in the law and politics of the EU and its member states. This process eliminates the difference between constitutional and ordinary national courts, which is crucial for the institutional implementation...... 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....

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

    International Nuclear Information System (INIS)

    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)

  8. Evaluation of potential crushed-salt constitutive models

    International Nuclear Information System (INIS)

    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

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

    Science.gov (United States)

    Lehn, Jean-Marie

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    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

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

    OpenAIRE

    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...

  12. UNDERSTANDING INFORMAL CONSTITUTIONAL CHANGE

    Directory of Open Access Journals (Sweden)

    Stephen M. Griffin

    2016-01-01

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

  13. Transnational Constitutional Law

    NARCIS (Netherlands)

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

    2018-01-01

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

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

    Directory of Open Access Journals (Sweden)

    John Law

    2007-05-01

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

  15. Constitutional Rights in Indonesia

    OpenAIRE

    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...

  16. The Constitutional Amendment Process

    Science.gov (United States)

    Chism, Kahlil

    2005-01-01

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

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

    OpenAIRE

    Blokker, Paul

    2008-01-01

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

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

    DEFF Research Database (Denmark)

    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...

  19. Transnational Constitutional Law

    OpenAIRE

    Zumbansen, P (Peer); Bhatt, Kinnari

    2018-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Nadirsyah Hosen

    2007-06-01

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

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

    Science.gov (United States)

    National Archives and Records Administration, Washington, DC.

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

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

    Science.gov (United States)

    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.

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

    Directory of Open Access Journals (Sweden)

    Robert Podolnjak

    2006-01-01

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

  4. ECHR and national constitutional courts

    Directory of Open Access Journals (Sweden)

    Nastić Maja

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Makbule Çeço

    2014-07-01

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

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    Kenstavičienė Kristina

    2015-12-01

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

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

    OpenAIRE

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

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Weian Mao

    2015-04-01

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

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

    International Nuclear Information System (INIS)

    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.

  11. Modification of the Integrated Sasang Constitutional Diagnostic Model

    Directory of Open Access Journals (Sweden)

    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.

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

    International Nuclear Information System (INIS)

    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.)

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

    NARCIS (Netherlands)

    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

  14. 78 FR 57777 - Constitution Day and Citizenship Day, Constitution Week, 2013

    Science.gov (United States)

    2013-09-19

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

  15. Change of position of constitutional judiciary

    Directory of Open Access Journals (Sweden)

    Orlović Slobodan P.

    2013-01-01

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

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

    NARCIS (Netherlands)

    de Raadt, J.B.

    2009-01-01

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

  17. Constitutional Referendums:A Theoretical Enquiry

    OpenAIRE

    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...

  18. Constitutional reform as process

    OpenAIRE

    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)

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

    International Nuclear Information System (INIS)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

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

    DEFF Research Database (Denmark)

    Elsayed, Ahmed Mohamed Abdelfattah

    2014-01-01

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

  2. The diffusion of constitutional rights

    NARCIS (Netherlands)

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

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

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

    Directory of Open Access Journals (Sweden)

    Thaminne Nathalia Cabral Moraes e Silva

    2016-12-01

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

  4. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    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.

  6. Political dimension of European constitutionalism

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    S. Shakhray

    2018-01-01

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

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

    Science.gov (United States)

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

    2018-03-01

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

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

    Directory of Open Access Journals (Sweden)

    LWH Ackermann

    2000-05-01

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

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

    International Nuclear Information System (INIS)

    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

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

    Directory of Open Access Journals (Sweden)

    José Carlos Castañeda Reyes

    2016-01-01

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

  12. The constitutional court review of judicial decisions

    Directory of Open Access Journals (Sweden)

    Stojanović Dragan M.

    2016-01-01

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

  13. ECHR and national constitutional courts

    OpenAIRE

    Nastić, Maja

    2015-01-01

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

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

    Science.gov (United States)

    Patrick, John J.

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

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

    Directory of Open Access Journals (Sweden)

    Despotović Ljubiša M.

    2004-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Velez, Pedro

    2017-05-01

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

  17. CONSTITUTIONAL INTERPRETATION OF ROMANIA: POST MODERNITY

    Directory of Open Access Journals (Sweden)

    P. RATHNASWAMY

    2017-06-01

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

  18. Economic Reforms and Constitutional Transition

    OpenAIRE

    Jeffrey D. Sachs; Wing Thye Woo; Xiaokai Yang

    2000-01-01

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

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

    OpenAIRE

    Mak, C.

    2009-01-01

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

  20. On constitutive modelling in finite element analysis

    International Nuclear Information System (INIS)

    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.)

  1. Constitutional relevance of atomic energy law

    International Nuclear Information System (INIS)

    Lettow, S.

    1980-01-01

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

  2. Nuclear waste management and problems arising from constitutional law

    International Nuclear Information System (INIS)

    Rauschning, D.

    1983-01-01

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

  3. Constitutional aneuploidy and cancer predisposition.

    Science.gov (United States)

    Ganmore, Ithamar; Smooha, Gil; Izraeli, Shai

    2009-04-15

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

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

    Science.gov (United States)

    Park, Joo-Hong

    2009-06-01

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

  5. Constitutional aneuploidy and cancer predisposition†

    Science.gov (United States)

    Ganmore, Ithamar; Smooha, Gil; Izraeli, Shai

    2009-01-01

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

  6. Culture (and religion in constitutional adjudication

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    2003-10-01

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

  7. VALUATION IN THE CONSTITUTIONAL ERA

    African Journals Online (AJOL)

    Brimer

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

  8. A survey on constitutional justice

    Directory of Open Access Journals (Sweden)

    Kheirollah Parvin

    2015-05-01

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

  9. How do the Constitutional Courts decide?

    Directory of Open Access Journals (Sweden)

    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.

  10. Constitutionalism and Development in Nigeria: The 1999 Constitution

    African Journals Online (AJOL)

    Fr. Ikenga

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

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

    Directory of Open Access Journals (Sweden)

    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...

  12. Constitutive Modelling in Geomechanics Introduction

    CERN Document Server

    Puzrin, Alexander M

    2012-01-01

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

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

    OpenAIRE

    El-Sayed, Ahmed

    2014-01-01

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

  14. Radioactive waste disposal and constitution

    International Nuclear Information System (INIS)

    Stober, R.

    1983-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Hezron Sabar Rotua Tinambunan

    2016-06-01

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

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

    NARCIS (Netherlands)

    Mak, C.

    2009-01-01

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

  17. The constitutional view

    Directory of Open Access Journals (Sweden)

    Roberto Horácio Sá Pereira

    2016-05-01

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

  18. Unanimous Constitutional Consent and the Immigration Problem

    OpenAIRE

    Josten, Stefan D.; Zimmermann, Klaus W.

    2004-01-01

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

  19. Analysis on constitution of American college republicans

    Directory of Open Access Journals (Sweden)

    Minghua Su

    2017-02-01

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

  20. Crushed Salt Constitutive Model

    International Nuclear Information System (INIS)

    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

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

    Science.gov (United States)

    Seiter, Michael; Schausberger, Peter

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Michael Seiter

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

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

    International Nuclear Information System (INIS)

    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.)

  4. The Constitution of the Republic of Estonia

    Index Scriptorium Estoniae

    2009-01-01

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

  5. CHAPTER FOUR LİBERTY AND TURKISH CONSTITUTIONS:

    OpenAIRE

    FENDOĞLU, Doç.Dr.Hasan Tahsin

    2002-01-01

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

  6. Ultima Ratio as a Constitutional Principle

    Directory of Open Access Journals (Sweden)

    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. Human Rights in Indonesian Constitutional Amendments

    OpenAIRE

    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 ...

  8. The Constitution of the Republic of Estonia

    Index Scriptorium Estoniae

    2005-01-01

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

  9. Urgensi Pengaturan Perkara Constitutional Complaint Dalam Kewenangan Mahkamah Konstitusi

    Directory of Open Access Journals (Sweden)

    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.

  10. Childrens' Rights in the South African Constitution

    Directory of Open Access Journals (Sweden)

    JA Robinson

    2003-10-01

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

  11. Constitutional Conservatism

    Science.gov (United States)

    Berkowitz, Peter

    2009-01-01

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

  12. The constitutional control system in Colombia

    OpenAIRE

    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 ...

  13. Constitutive Effects of Performance Indicators

    DEFF Research Database (Denmark)

    Dahler-Larsen, Peter

    2014-01-01

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

  14. Constitutional compatibility of energy systems

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1983-01-01

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

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

    DEFF Research Database (Denmark)

    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...

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

    African Journals Online (AJOL)

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

  17. 75 FR 57835 - Constitution Day and Citizenship Day, Constitution Week, 2010

    Science.gov (United States)

    2010-09-22

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

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

    Science.gov (United States)

    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…

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

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2015-01-01

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

  20. Separation of powers and constitutional loyalty

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2013-06-01

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

  1. Nuclear energy and the constitutional state

    International Nuclear Information System (INIS)

    Saladin, P.

    1984-01-01

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

  2. Loading method of core constituting elements

    International Nuclear Information System (INIS)

    Kasai, Shigeo

    1976-01-01

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

  3. 76 FR 58705 - Constitution Day and Citizenship Day, Constitution Week, 2011

    Science.gov (United States)

    2011-09-21

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

  4. Constitutional Verbosity and Social Trust

    DEFF Research Database (Denmark)

    Bjørnskov, Christian; Voigt, Stefan

    2014-01-01

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

  5. The constitutional control system in Colombia

    Directory of Open Access Journals (Sweden)

    Luis Javier Moreno Ortiz

    2010-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Ivona-Arina Raef

    2012-12-01

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

  7. What Is the Structure of the Naphthalene-Benzene Heterodimer Radical Cation? Binding Energy, Charge Delocalization, and Unexpected Charge-Transfer Interaction in Stacked Dimer and Trimer Radical Cations.

    Science.gov (United States)

    Attah, Isaac K; Platt, Sean P; Meot-Ner Mautner, Michael; El-Shall, M Samy; Peverati, Roberto; Head-Gordon, Martin

    2015-04-02

    The binding energy of the naphthalene(+•)(benzene) heterodimer cation has been determined to be 7.9 ± 1 kcal/mol for C10H8(+•)(C6H6) and 8.1 ± 1 kcal/mol for C10H8(+•)(C6D6) by equilibrium thermochemical measurements using the mass-selected drift cell technique. A second benzene molecule binds to the C10H8(+•)(C6D6) dimer with essentially the same energy (8.4 ± 1 kcal/mol), suggesting that the two benzene molecules are stacked on opposite sides of the naphthalene cation in the (C6D6)C10H8(+•)(C6D6) heterotrimer. The lowest-energy isomers of the C10H8(+•)(C6D6) and (C6D6)C10H8(+•)(C6D6) dimer and trimer calculated using the M11/cc-pVTZ method have parallel stacked structures with enthalpies of binding (-ΔH°) of 8.4 and 9.0 kcal/mol, respectively, in excellent agreement with the experimental values. The stacked face-to-face class of isomers is calculated to have substantial charge-transfer stabilization of about 45% of the total interaction energy despite the large difference between the ionization energies of benzene and naphthalene. Similarly, significant delocalization of the positive charge is found among all three fragments of the (C6D6)C10H8(+•)(C6D6) heterotrimer, thus leaving only 46% of the total charge on the central naphthalene moiety. This unexpectedly high charge-transfer component results in activating two benzene molecules in the naphthalene(+•)(benzene)2 heterotrimer cation to associate with a third benzene molecule at 219 K to form a benzene trimer cation and a neutral naphthalene molecule. The global minimum of the C10H8(+•)(C6H6)2 heterotrimer is found to be the one where the naphthalene cation is sandwiched between two benzene molecules. It is remarkable, and rather unusual, that the binding energy of the second benzene molecule is essentially the same as that of the first. This is attributed to the enhanced charge-transfer interaction in the stacked trimer radical cation.

  8. The Constitutional Court and the Imperative of its Reform

    Directory of Open Access Journals (Sweden)

    Claudia Gilia

    2012-12-01

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

  9. Atypical Rulings of the Indonesian Constitutional Court

    Directory of Open Access Journals (Sweden)

    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.

  10. Constitutional orders in multinational firms

    DEFF Research Database (Denmark)

    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....

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

    Directory of Open Access Journals (Sweden)

    Hong-Jhang Chen

    2016-01-01

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

  12. Territory in the Constitutional Standards of Unitary States

    Directory of Open Access Journals (Sweden)

    Marina V. Markhgeym

    2017-06-01

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

  13. Constitutionalism and Democracy in Contemporary International Community

    OpenAIRE

    Padjen, Ivan

    1992-01-01

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

  14. On the constitutionality of dose limiting values

    International Nuclear Information System (INIS)

    Goetz, V.

    1976-01-01

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

  15. Time and constitution of sense

    Directory of Open Access Journals (Sweden)

    Pedro Gerardo Acosta

    2014-06-01

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

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

    CERN Document Server

    Siginer, Dennis A

    2014-01-01

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

  17. Cicero and the Mixed Constitution (res publica mixta

    Directory of Open Access Journals (Sweden)

    Mitja Sadek

    2009-12-01

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

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

    Science.gov (United States)

    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

  19. Crushed-salt constitutive model update

    International Nuclear Information System (INIS)

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

    1998-01-01

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

  20. Crushed-salt constitutive model update

    Energy Technology Data Exchange (ETDEWEB)

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

    1998-01-01

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

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

    African Journals Online (AJOL)

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

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

    OpenAIRE

    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. Sonora Legislators and their Constitution, 1857-1861

    Directory of Open Access Journals (Sweden)

    Zulema Trejo

    2010-01-01

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

  4. Competition And Antitrust Law In Ecuadorian Constitution

    OpenAIRE

    Marcelo Marín Sevilla

    2013-01-01

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

  5. Complexities of Constitutional Change in the Philippines

    OpenAIRE

    Saunders, Cheryl; Yusingco, Michael Henry

    2018-01-01

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

  6. [Etiologic spectrum of solitary constitutional syndrome].

    Science.gov (United States)

    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.

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

    African Journals Online (AJOL)

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

  8. Replication Protein A (RPA) Phosphorylation Prevents RPA Association with Replication Centers

    OpenAIRE

    Vassin, Vitaly M.; Wold, Marc S.; Borowiec, James A.

    2004-01-01

    Mammalian replication protein A (RPA) undergoes DNA damage-dependent phosphorylation at numerous sites on the N terminus of the RPA2 subunit. To understand the functional significance of RPA phosphorylation, we expressed RPA2 variants in which the phosphorylation sites were converted to aspartate (RPA2D) or alanine (RPA2A). Although RPA2D was incorporated into RPA heterotrimers and supported simian virus 40 DNA replication in vitro, the RPA2D mutant was selectively unable to associate with re...

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

    Czech Academy of Sciences Publication Activity Database

    Rakušanová, Petra

    2007-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Nešković Radomir

    2012-01-01

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

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

    Science.gov (United States)

    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…

  12. A Communicatively Constituted Online Crisis

    DEFF Research Database (Denmark)

    Valentini, Chiara; Romenti, Stefania; Kruckeberg, Dean

    2017-01-01

    into specific public crisis perceptions. Drawing from a communicative constitution perspective, the authors argue that if crises are perceptions or experiences of difficult situations that exceed a person’s current resources and coping mechanisms, and if perceptions and experiences in social media are typically...... 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...

  13. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

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

  14. Possibilities for a constitutional embodiment of environment protection

    International Nuclear Information System (INIS)

    Hattenberger, D.

    1991-03-01

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

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

    Science.gov (United States)

    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…

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

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

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

  18. New Constitutionalism for Biosiversity vs. Neoconstitutionalism of Risk

    Directory of Open Access Journals (Sweden)

    Michele Carducci

    2016-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Lorenz Astrid

    2015-11-01

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

  20. Constitutional and acquired autosomal aneuploidy.

    Science.gov (United States)

    Jackson-Cook, Colleen

    2011-12-01

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

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

    International Nuclear Information System (INIS)

    Xu, Zejian; Huang, Fenglei

    2012-01-01

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

  2. Urgency of Attorney Governed by the Constitution

    Directory of Open Access Journals (Sweden)

    Rommy Patra

    2015-12-01

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

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

    African Journals Online (AJOL)

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

  4. A constitutive theory of reacting electrolyte mixtures

    Science.gov (United States)

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

    2013-11-01

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

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

    International Nuclear Information System (INIS)

    Gaerditz, Klaus Ferdinand

    2016-01-01

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

  6. Constitutive behavior of reconsolidating crushed salt

    International Nuclear Information System (INIS)

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

    1998-02-01

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

  7. National Constitutional Avenues for Further EU Integration

    NARCIS (Netherlands)

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

    2014-01-01

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

  8. Constitutive properties of salt from four sites

    International Nuclear Information System (INIS)

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

    1983-04-01

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

  9. Constitutive Modeling of Geomaterials Advances and New Applications

    CERN Document Server

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

    2013-01-01

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

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

    Science.gov (United States)

    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.

  11. Competition And Antitrust Law In Ecuadorian Constitution

    Directory of Open Access Journals (Sweden)

    Marcelo Marín Sevilla

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Signe Larsen

    2014-06-01

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

  13. The Australian Constitution and the Aid/Watch Case

    Directory of Open Access Journals (Sweden)

    George Williams

    2011-11-01

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

  14. Public and Constitutional Support for Character Education.

    Science.gov (United States)

    Vessels, Gordon G.; Boyd, Stephen M.

    1996-01-01

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

  15. Constitutive equations for two-phase flows

    International Nuclear Information System (INIS)

    Boure, J.A.

    1974-12-01

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

  16. 76 FR 35715 - Establishment of the SelectUSA Initiative

    Science.gov (United States)

    2011-06-20

    ... Establishment of the SelectUSA Initiative By the authority vested in me as President by the Constitution and the... unnecessary obstacles to investment. Sec. 2. SelectUSA Initiative. (a) Establishment. There is established the SelectUSA Initiative (Initiative), a Government-wide initiative to attract and retain investment in the...

  17. What constitutes information integrity?

    Directory of Open Access Journals (Sweden)

    S. Flowerday

    2008-01-01

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

  18. What constitutes information integrity?

    Directory of Open Access Journals (Sweden)

    S. Flowerday

    2007-12-01

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

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

    Science.gov (United States)

    Hoeg, Darren Glen

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

  20. Selected Areas in Cryptography - SAC 2013 : 20th International Conference, Burnaby BC, Canada, August 14-16, 2013 : Revised Selected Papers

    NARCIS (Netherlands)

    Lange, T.; Lauter, K.; Lisonek, P.

    2014-01-01

    This book constitutes the proceedings of the 20th International Conference on Selected Areas in Cryptography, SAC 2013, held in Burnaby, Canada, in August 2013. The 26 papers presented in this volume were carefully reviewed and selected from 98 submissions. They are organized in topical sections

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

    International Nuclear Information System (INIS)

    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

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

    Science.gov (United States)

    1993-12-01

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

  3. constitutional adjudication in ethiopia

    African Journals Online (AJOL)

    eliasn

    2000-01-25

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

  4. Islamization in Malaysia: the constitutional and legal dimensions

    OpenAIRE

    Choo, Kah Sing

    2017-01-01

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

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

    Science.gov (United States)

    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.

  6. Constitutive relations for nuclear reactor core materials

    International Nuclear Information System (INIS)

    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.)

  7. Constitutional problems in the handling of plutonium

    International Nuclear Information System (INIS)

    Papier, H.J.

    1989-01-01

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

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

    OpenAIRE

    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...

  9. A Federal Constitution for the European Union

    DEFF Research Database (Denmark)

    Sweeney, Richard J.

    2003-01-01

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

  10. 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.

    Science.gov (United States)

    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.

  11. Democracy, Citizen Sovereignty and Constitutional Economics

    OpenAIRE

    Vanberg, Viktor J.

    2006-01-01

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

  12. Constitutive relation of concrete containing meso-structural characteristics

    Directory of Open Access Journals (Sweden)

    Li Guo

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

  13. Communicative Constitution of Organizations

    DEFF Research Database (Denmark)

    Schoeneborn, Dennis; Vasquez, Consuelo

    2017-01-01

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

  14. The constitutive sofa cushion

    DEFF Research Database (Denmark)

    Hanghøj, Sara

    2009-01-01

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

  15. 34 CFR 668.37 - Selective Service registration.

    Science.gov (United States)

    2010-07-01

    ... Secretary processes a male student's FAFSA, the Secretary determines whether the student is registered with... Selective Service Act. The designated official shall not consider challenges based on constitutional or...

  16. Sasang constitutional medicine as a holistic tailored medicine.

    Science.gov (United States)

    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.

  17. Sasang Constitutional Medicine as a Holistic Tailored Medicine

    Directory of Open Access Journals (Sweden)

    Jong Yeol Kim

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Emilian Ciongaru

    2017-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Savvas MAVRIDIS

    2017-08-01

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

  20. Constitutive equations for Zr1Nb. II

    International Nuclear Information System (INIS)

    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.)

  1. European constitution and EURATOM treaty

    International Nuclear Information System (INIS)

    Heller, W.

    2003-01-01

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

  2. Public health promotion of "local food": Constituting the self-governing citizen-consumer.

    Science.gov (United States)

    Derkatch, Colleen; Spoel, Philippa

    2017-03-01

    This article explores how the recent and growing promotion of local foods by public health units in Ontario, Canada, rhetorically interpellates the "good" health citizen as someone who not only takes responsibility for personal health but, through the consumption and support of "local food," also accepts and fulfills her responsibilities to care for the local economy, the community's well-being, and the natural environment. Drawing on Charland's concept of constitutive rhetoric, we analyze a selection of public health unit documents about local food to develop a textured account of the complex, multifaceted forms of health citizenship they constitute. Our analysis reveals that, despite their appeals to environmental sustainability and community well-being, these materials primarily characterize the ideal health citizen as an informed consumer who supports the interests of the neoliberal state through individualized lifestyle behaviors, consuming goods produced and distributed through private enterprise. By exhorting individuals to "buy local," public health discourse therefore frames responsible health citizenship principally in consumerist terms that constrain the range of available options for citizens to engage in meaningful action vis-à-vis their food systems.

  3. Mathematical modeling and the two-phase constitutive equations

    International Nuclear Information System (INIS)

    Boure, J.A.

    1975-01-01

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

  4. Extended constitutive laws for lamellar phases

    Directory of Open Access Journals (Sweden)

    Chi-Deuk Yoo

    2013-10-01

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

  5. Resolution and Letter to Congress from the Constitutional Convention

    Science.gov (United States)

    Potter, Lee Ann

    2005-01-01

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

  6. Constitutional collisions of criminal law

    Directory of Open Access Journals (Sweden)

    Sergey M. Inshakov

    2016-12-01

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

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

    DEFF Research Database (Denmark)

    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...

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

    Science.gov (United States)

    Emenaker, Ryan

    2014-01-01

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

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

    African Journals Online (AJOL)

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

  10. Organic Law Of Judicial Guarantees And Constitutional Control

    Directory of Open Access Journals (Sweden)

    Ernesto López Freire

    2013-01-01

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

  11. A regression approach for zircaloy-2 in-reactor creep constitutive equations

    International Nuclear Information System (INIS)

    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. From data analysis and model development point of views, both the assumption of independence and prior committment to specific model forms are unacceptable. One would desire means which can not only estimate the required parameters directly from data but also provide basis for model selections, viz., one model against others. Basic understanding of the physics of deformation is important in choosing the forms of starting physical model equations, but the justifications must rely on their abilities in correlating the overall data. 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

  12. Constitutive Modelling of Resins in the Stiffness Domain

    Science.gov (United States)

    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.

  13. Limits of verification by the Federal Constitutional Court

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

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

  14. Public health and the Australian Constitution.

    Science.gov (United States)

    Reynolds, C

    1995-06-01

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

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

    Directory of Open Access Journals (Sweden)

    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

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

    International Nuclear Information System (INIS)

    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

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

    International Nuclear Information System (INIS)

    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.)

  18. 15 years of constitutional review in the Supreme Court of Estonia : systematized extracts of constitutional review judgments and rulings of the Supreme Court en banc and the Constitutional Review Chamber in 1993-2008 / Riigikohus ; toim. ja eess.: Ge

    Index Scriptorium Estoniae

    2009-01-01

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

  19. A phenomenological constitutive model for low density polyurethane foams

    International Nuclear Information System (INIS)

    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

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

    Directory of Open Access Journals (Sweden)

    Renzo Ramírez Bacca

    2014-07-01

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

  1. Constitutive equations for discrete electromagnetic problems over polyhedral grids

    International Nuclear Information System (INIS)

    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

  2. A constitutional economics perspective on soft paternalism

    OpenAIRE

    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. The Principle of Self-Dependence of Judicial Authority in the Context of the Constitutional Reforms in the Republic of Armenia

    Directory of Open Access Journals (Sweden)

    Tumanyants Yeranuhi S.

    2018-03-01

    Full Text Available In article some aspects of the constitutional reforms of the Republic of Armenia which guarantee the realization of the principle of self-dependence judicial authority are considered. In particular, questions concerning the activity of the Supreme judicial council (the assignee of present Council of justice as the guarantee of self-dependence of judicial authorities, and the procedure of selection (appointment of judges are separated. Changes which have been made during the constitutional reform are also considered, the assessment to the carried-out reforms based on the recommendations of the international organizations and the international documents is given. On the basis of the comprehensive analysis practical recommendations about the direction of further improvement of the legislation concerning realization of the principle of self-dependence of judicial authority, in particular concerning activity of the Supreme judicial council and the procedure of selection (appointment of judges are offered.

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

    OpenAIRE

    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...

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

    NARCIS (Netherlands)

    Hermkens, A.K.

    2010-01-01

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

  6. Gender and the Constitution

    Science.gov (United States)

    Ginsburg, Ruth Bader

    1975-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Stojanović Dragan

    2016-01-01

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

  8. Perspective of the Human Body in Sasang Constitutional Medicine

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

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

    2014-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Rodrigo González Quintero

    2011-12-01

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

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

    OpenAIRE

    Ntlama, Nomthandazo

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Nasrin Salehi Shahrabi

    2017-06-01

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

  13. Valuation In The Constitutional Era

    Directory of Open Access Journals (Sweden)

    Elmien du Plessis

    2015-12-01

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

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

    International Nuclear Information System (INIS)

    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

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

    Directory of Open Access Journals (Sweden)

    N Ntlama

    2012-03-01

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

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

    NARCIS (Netherlands)

    Passchier, Reijer

    2017-01-01

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

  17. THE EMERGING INTERNATIONAL CONSTITUTIONAL ORDER ...

    African Journals Online (AJOL)

    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,.

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

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2017-12-01

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

  19. Constitutional obligations of a person and a citizen

    Directory of Open Access Journals (Sweden)

    Alexey Yu. Ogurtsov

    2011-01-01

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

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

    Science.gov (United States)

    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.

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

    Science.gov (United States)

    Varat, Jonathan D.

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

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

    Science.gov (United States)

    Wang, Ji; Wang, Qi

    2012-05-01

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

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

    Directory of Open Access Journals (Sweden)

    JA Frowein

    1998-11-01

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

  4. 42 CFR 23.28 - What events constitute default?

    Science.gov (United States)

    2010-10-01

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

  5. Determination of brazed joint constitutive law by inverse method

    International Nuclear Information System (INIS)

    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.)

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

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    Are Islamic law, human rights and constitutionalism compatible? In answering this question, this paper first discusses the concept of modernity (understood in terms of rationality and standardization), analysing its abrupt implementation in the MENA countries and the role that the first modern...... constitutions played in institutionalising a new sort of dominion in the newly established states. Against this background, the paper discusses the relationship between constitutionalism and Shari’a law, presenting this as a clash between two competing normative visions that are conceptually difficult...... to reconcile and which each claim exclusivity and hierarchical superiority. The paper advocates for a deconstruction of the ideas of human rights and constitutionalism in order to allow for the incorporation of elements of Muslim traditions, thus challenging the understanding of human rights...

  7. Jonathan's Constitutional Conference in Nigeria

    African Journals Online (AJOL)

    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.

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

    OpenAIRE

    Malagodi, M.

    2015-01-01

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

  9. Constitutive Equation with Varying Parameters for Superplastic Flow Behavior

    Science.gov (United States)

    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.

  10. The road to democracy: The development of constitutionalism in Serbia 1869-1903

    Directory of Open Access Journals (Sweden)

    Bataković Dušan T.

    2007-01-01

    Full Text Available After the swiftly abolished liberal Constitution of 1835 and the imposed 'Turkish' one of 1838 (imposed by the Russians and Ottomans, guarantors of Serbia's autonomy granted in 1830, to limit the princely power, the development of constitutionalism in modern Serbia went through several phases. As elsewhere in the Balkans, constitutions usually resulted from a compromise between the ruler and the elites rather than from the will of the people. The 1868 Constitution drew to an extent upon the early nineteenth-century German constitutional monarchies, but, under pressure from the politically mobilized population, the 1888 Constitution, proposed by the Radical Party in response to the egalitarian aspirations of the nation's agrarian majority, adopted a French constitutional model - with a unicameral system and frequent coalition governments. Shaped on the model of the Belgian Constitution of 1831, which in its turn was a modified version of the French Charte of 1830, it restored a French influence, expressed for the first time in the 1835 Constitution. The 1888 Constitution was passed by the Grand National Assembly with its five-sixth majority of Radicals, representatives of the agrarian majority. It was soon annulled by the coup d'état of 1894 and the Court-imposed Constitution of 1869 was reinstituted. The Constitution of 1901 was an attempt to introduce a bicameral system as a means of upholding the influential role of the ruler, while limiting that of the Radical Party, which had enjoyed an ample electoral support since the 1888 Constitution. After the assassination in 1903 of the last Obrenović ruler king Alexander, and his wife, queen Draga, the liberal Constitution of 1888 with minor modifications was reinstituted. Under this Constitution - which is commonly known as the 1903 Constitution and which, during the democratic reign of king Peter I Karđorđević, was no longer challenged - Serbian democracy remained fragile, because there was no

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

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2016-07-01

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

  12. The Constitution's Prescription for Freedom.

    Science.gov (United States)

    Peach, Lucinda

    1986-01-01

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

  13. Is it possible to protect constitutional rights through simple procedural law

    International Nuclear Information System (INIS)

    Dolde, K.P.

    1982-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Hsiao-Ling Wang

    2012-01-01

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

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

    International Nuclear Information System (INIS)

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

    2011-01-01

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

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

    Science.gov (United States)

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

    2018-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Rajić Nataša

    2014-01-01

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

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

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

    2013-01-01

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

  20. Probabilistic estimation of the constitutive parameters of polymers

    Directory of Open Access Journals (Sweden)

    Siviour C.R.

    2012-08-01

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

  1. 22 CFR 64.10 - Grant not to constitute a gift.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Grant not to constitute a gift. 64.10 Section... EMPLOYEES IN CULTURAL EXCHANGE PROGRAMS OF FOREIGN COUNTRIES § 64.10 Grant not to constitute a gift. A grant made under an approved program shall not constitute a gift for purposes of 22 CFR 10.735-203 and...

  2. Your Official U.S. Constitution Sign-On Information and Documents.

    Science.gov (United States)

    National Conference of Christians and Jews, New York, NY.

    These learning materials are centered around the idea that each individual should "sign" the U.S. Constitution. A facsimile of the U.S. Constitution is included in each learning packet for students to sign. Section 1 contains five teaching modules on the constitutional process that can be used with any subject. The first two modules,…

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

    Directory of Open Access Journals (Sweden)

    Kadri Kryeziu

    2016-11-01

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

  4. Current Researches on the Methods of Diagnosing Sasang Constitution: An Overview

    Directory of Open Access Journals (Sweden)

    Si-Woo Lee

    2009-01-01

    Full Text Available Sasang constitution diagnosis has traditionally been conducted by a Sasang constitutional medicine (SCM doctor who examines the external appearance, temperament and various symptoms of an individual and then collectively analyzes this information to determine their own constitutions. However, because this process is subjective and not quantitative, many researchers have been attempting to develop objective and reasonable methods of determining constitutions. In Korea, even though a wide range of research regarding SCM has been conducted, most of the work has not been revealed internationally. So in this review, the authors have searched the Journal of Sasang Constitutional Medicine, as well as other Korean domestic journal databases and Pubmed for research regarding modernized constitution diagnosis methods so to provide the understanding of current research state and outlook for future research.

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

    Directory of Open Access Journals (Sweden)

    Hamdan Zoelva

    2015-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Ilija Vukčević

    2014-01-01

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

  7. Genome-wide association study of the four-constitution medicine.

    Science.gov (United States)

    Yin, Chang Shik; Park, Hi Joon; Chung, Joo-Ho; Lee, Hye-Jung; Lee, Byung-Cheol

    2009-12-01

    Four-constitution medicine (FCM), also known as Sasang constitutional medicine, and the heritage of the long history of individualized acupuncture medicine tradition, is one of the holistic and traditional systems of constitution to appraise and categorize individual differences into four major types. This study first reports a genome-wide association study on FCM, to explore the genetic basis of FCM and facilitate the integration of FCM with conventional individual differences research. Healthy individuals of the Korean population were classified into the four constitutional types (FCTs). A total of 353,202 single nucleotide polymorphisms (SNPs) were typed using whole genome amplified samples, and six-way comparison of FCM types provided lists of significantly differential SNPs. In one-to-one FCT comparisons, 15,944 SNPs were significantly differential, and 5 SNPs were commonly significant in all of the three comparisons. In one-to-two FCT comparisons, 22,616 SNPs were significantly differential, and 20 SNPs were commonly significant in all of the three comparison groups. This study presents the association between genome-wide SNP profiles and the categorization of the FCM, and it could further provide a starting point of genome-based identification and research of the constitutions of FCM.

  8. A Mathematical Approach to Establishing Constitutive Models for Geomaterials

    Directory of Open Access Journals (Sweden)

    Guang-hua Yang

    2013-01-01

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

  9. The whole set of constitutive promoters recognized by RNA polymerase RpoD holoenzyme of Escherichia coli.

    Directory of Open Access Journals (Sweden)

    Tomohiro Shimada

    Full Text Available The promoter selectivity of Escherichia coli RNA polymerase is determined by the sigma subunit with promoter recognition activity. The model prokaryote Escherichia coli contains seven species of the sigma subunit, each recognizing a specific set of promoters. The major sigma subunit, sigma-70 encoded by rpoD, plays a major role in transcription of growth-related genes. Concomitant with the increase in detection of promoters functioning in vivo under various stressful conditions, the variation is expanding in the consensus sequence of RpoD promoters. In order to identify the canonical sequence of "constitutive promoters" that are recognized by the RNA polymerase holoenzyme containing RpoD sigma in the absence of supporting transcription factors, an in vitro mixed transcription assay was carried out using a whole set of variant promoters, each harboring one base replacement, within the model promoter with the conserved -35 and -10 sequences of RpoD promoters. The consensus sequences, TTGACA(-35 and TATAAT(-10, were identified to be ideal for the maximum level of open complex formation and the highest rate of promoter opening, respectively. For identification of the full range of constitutive promoters on the E. coli genome, a total of 2,701 RpoD holoenzyme-binding sites were identified by Genomic SELEX screening, and using the reconfirmed consensus promoter sequence, a total of maximum 669 constitutive promoters were identified, implying that the majority of hitherto identified promoters represents the TF-dependent "inducible promoters". One unique feature of the constitutive promoters is the high level of promoter sequence conservation, about 85% carrying five-out-of-six agreements with -35 or -10 consensus sequence. The list of constitutive promoters provides the community resource toward estimation of the inducible promoters that operate under various stressful conditions in nature.

  10. The Constitutionality of School Choice in New Hampshire

    Science.gov (United States)

    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…

  11. Enacting and Re-Enacting the Constitution of Development

    DEFF Research Database (Denmark)

    Brønnum, Louise; Clausen, Christian

    2015-01-01

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

  12. Сontemporary forms of protection of the constitution: comparative legal aspects

    Directory of Open Access Journals (Sweden)

    Д. П. Таран

    2015-11-01

    Full Text Available Systematic analysis of protection forms of the constitution allows to identify legal tools that can be applied in order to prevent encroachments on the constitutional values or in the commission of such an offense or to identify the real threat. Up to now there is no a single approach to understanding of protection of the constitution, its relationship with the protection, system of its forms and so on. There remain unclear regularities that have their influence on different protection forms of the constitution in foreign countries as well as the consistency and adequacy of the use of such forms in Ukraine. Recent research and publications analysis. Scientists name various forms of protection of the constitution. Approaches of scientists that give their lists differ very much. Hence there is no necessity in talking about some constant regarding this matter. Some aspects of the issue that is related to the system of protection forms of the constitution found their reflection in the works of local and foreign scientists such as Y.G. Barabash, M.V. Vitruk, I.V. Koreyba, K.O. Pavshuk, P.B. Stetsyuk, K. Hesse, T. Y. Habriyeva, V.E. Chyrkin and others. Paper objective. The objectives of the paper are: clarification of the nature of the protection of the constitution and what means or what forms and what subjects it should be implemented by; the comparison of the experience of foreign countries regarding the issue and determination of the reasons for which different countries use different protection forms of the constitutions; expression of suggestions regarding legislation improvement in regards to specific protection forms of the Constitution of Ukraine. Paper main body. Countries with established democracy traditionally use a smaller set of protection forms of the constitution and the concept of "protection of the constitution" itself is almost not applied. The opposite approach is inherent to countries emerging from totalitarian and authoritarian

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

    Directory of Open Access Journals (Sweden)

    Kadri Kryeziu

    2016-11-01

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

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

    NARCIS (Netherlands)

    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

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

    Directory of Open Access Journals (Sweden)

    Pierdominici Leonardo

    2017-11-01

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

  16. [Constitutional mismatch repair deficiency syndrome

    NARCIS (Netherlands)

    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

  17. European Crises of Legally-constituted Public Power

    DEFF Research Database (Denmark)

    Kjær, Poul F.

    2017-01-01

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

  18. The Constitutive Power of Twitter

    DEFF Research Database (Denmark)

    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...

  19. Essence and constitution in Zubiri

    Directory of Open Access Journals (Sweden)

    Alfonso Gómez Fernández

    2015-03-01

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

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

    NARCIS (Netherlands)

    Berro Pizzarossa, Lucia; Perehudoff, Katrina

    2017-01-01

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

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

    OpenAIRE

    Pūraitė-Andrikienė, Dovilė

    2017-01-01

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

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

    Science.gov (United States)

    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.

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

    Directory of Open Access Journals (Sweden)

    Romana Reva

    2016-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Óscar Mago Bendahán

    2008-12-01

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

  5. Constitutional Provisions And Administrative Disciplinary Powers ...

    African Journals Online (AJOL)

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

  6. FINALITY OF INDONESIAN CONSTITUTIONAL COURT DECISION IN REGARD TO JUDICIAL REVIEW

    Directory of Open Access Journals (Sweden)

    Suwarno Abadi

    2016-05-01

    Full Text Available This article examines the constitutional status of Constitutional Court’s decisions constitutionally guaranteed as final. This status very critical because it could lead Constitutional Court to the judicial supremacy position. This article argues against this possibility. The status of Constitutional Court’s decisions should be critized on the basis that its finality is prima facie, not absolute. As a solution, this article takes a position called departmentalism which means that court and legislature are not supreme in their authority to interpret the constitution. Artikel ini membahas tentang status konstitusional putusan Mahkamah Konstitusi yang dijamin konstitusi bersifat final. Status tersebut sangat kritikal karena dapat mengarahkan Mahkamah Konstitusi ke posisi supremasi yudisial. Artikel ini berargumen tidak setuju atas kemungkinan tersebut. Oleh karena itu, status putusan Mahkamah Konstitusi perlu dikritisi dengan dasar bahwa finalitasnya tersebut bersifat “prima facie”, tidak absolut. Sebagai solusinya, artikel ini mengambil posisi departementalisme yang memiliki pengertian bahwa pengadilan dan legislator tidak memiliki supremasi atas kewenangan untuk melakukan interpretasi konstitusi.

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

    Directory of Open Access Journals (Sweden)

    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.

  8. Constitutional developments in Latin American abortion law.

    Science.gov (United States)

    Bergallo, Paola; Ramón Michel, Agustina

    2016-11-01

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

  9. A constitutive law for degrading bioresorbable polymers.

    Science.gov (United States)

    Samami, Hassan; Pan, Jingzhe

    2016-06-01

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

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

    Science.gov (United States)

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

    2017-01-01

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

  11. Towards a pro-health food-selection model for gatekeepers in ...

    African Journals Online (AJOL)

    The purpose of this study was to develop a pro-health food selection model for gatekeepers of Bulawayo high-density suburbs in Zimbabwe. Gatekeepers in five suburbs constituted the study population from which a sample of 250 subjects was randomly selected. Of the total respondents (N= 182), 167 had their own ...

  12. The limits of authority of the Constitutional Court of Bosnia and Herzegovina in the procedure for the assessment of compliance of laws with the Constitution of Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Simović Miodrag N.

    2014-01-01

    Full Text Available The Constitutional Court of Bosnia and Herzegovina is one of the pillars of rule of law and legal security as well as guarantee for preservation and development of democratic order in the constitutional framework of Bosnia and Herzegovina. It is not legislative, neither executive nor classical court authority, but a special kind of sui generis authority, acting as corrective factor for all three authority branches. In such a situation, the relationship between the Constitutional Court and legislative authority has a special significance, having in mind that legislative authority regulates, primarily through the law, legal order and, thereby, also defines social and political system of one state and that, on the other side, the Constitutional Court ensures that those laws are in accordance with the Constitution of Bosnia and Herzegovina and that, if it finds such a law has gone out of the framework of the Constitution, it may intervene by declaring the whole law or parts of it unconstitutional and put them out of force. Does the Constitutional Court in such a situation takes the role of legislator and what kind of legislator? What if the legislative authority does not comply with the decision of the Constitutional Court? Should Constitutional Court take the role of positive legislator? It is less problematic activity of the Constitutional Court as negative legislator in theory and practice. In such legal situation, the Constitutional Court in its decision finds unconstitutionality of a law provision (or the whole law and eliminates it from legal system generally after expiration of certain period of time when such provisions cease to be valid and the legislator replaces unconstitutional provisions with new ones within set time limit. However, we have a much more problematic situation when the Constitutional Court acts as positive legislation, i.e. when it makes a decision declaring validity of certain provisions of the law or instructing the

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

    Directory of Open Access Journals (Sweden)

    Melan Yusuf Nomleni

    2017-02-01

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

  14. Quantum interaction. Selected papers

    Energy Technology Data Exchange (ETDEWEB)

    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.

  15. Quantum interaction. Selected papers

    International Nuclear Information System (INIS)

    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.

  16. A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

    Directory of Open Access Journals (Sweden)

    Valentina BĂRBĂŢEANU

    2016-05-01

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

  17. Economic and social rights in the Constitution of Serbia

    Directory of Open Access Journals (Sweden)

    Rapajić Milan M.

    2015-01-01

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

  18. A thermodynamically and microscopically motivated constitutive model for piezoceramics

    International Nuclear Information System (INIS)

    Kamlah, M.; Wang, Z.

    2003-07-01

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

  19. 3 CFR 8418 - Proclamation 8418 of September 16, 2009. Constitution Day and Citizenship Day, Constitution Week...

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

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

    2004-12-01

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

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

    African Journals Online (AJOL)

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

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

    Czech Academy of Sciences Publication Activity Database

    Blahož, Josef

    2013-01-01

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

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

    Science.gov (United States)

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

    2017-01-01

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

  4. Stohastic Properties of Plasticity Based Constitutive Law for Concrete

    DEFF Research Database (Denmark)

    Frier, Christian; Sørensen, John Dalsgaard

    1998-01-01

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

  5. Stochastic Properties of Plasticity Based Constitutive Law for Concrete

    DEFF Research Database (Denmark)

    Frier, Christian; Sørensen, John Dalsgaard

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

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

    African Journals Online (AJOL)

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

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

    Directory of Open Access Journals (Sweden)

    Qiao-Yu Jiang

    2018-04-01

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

  8. BORDERS OF COMMUNICATION PRIVACY IN SLOVENIAN CRIMINAL PROCEDURE – CONSTITUTIONAL CHALLENGES

    Directory of Open Access Journals (Sweden)

    Sabina Zgaga

    2015-01-01

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

  9. Using constitutive activity to define appropriate high-throughput screening assays for orphan g protein-coupled receptors.

    Science.gov (United States)

    Ngo, Tony; Coleman, James L J; Smith, Nicola J

    2015-01-01

    Orphan G protein-coupled receptors represent an underexploited resource for drug discovery but pose a considerable challenge for assay development because their cognate G protein signaling pathways are often unknown. In this methodological chapter, we describe the use of constitutive activity, that is, the inherent ability of receptors to couple to their cognate G proteins in the absence of ligand, to inform the development of high-throughput screening assays for a particular orphan receptor. We specifically focus on a two-step process, whereby constitutive G protein coupling is first determined using yeast Gpa1/human G protein chimeras linked to growth and β-galactosidase generation. Coupling selectivity is then confirmed in mammalian cells expressing endogenous G proteins and driving accumulation of transcription factor-fused luciferase reporters specific to each of the classes of G protein. Based on these findings, high-throughput screening campaigns can be performed on the already miniaturized mammalian reporter system.

  10. Constitutional tolerance to heavy metals of a fiber crop, ramie (Boehmeria nivea), and its potential usage

    Energy Technology Data Exchange (ETDEWEB)

    Yang, B.; Zhou, M.; Shu, W.S.; Lan, C.Y. [State Key Laboratory of Biocontrol, and School of Life Sciences, Sun Yat-sen (Zhongshan) University, Guangzhou 510275 (China); Ye, Z.H., E-mail: lssyzhh@mail.sysu.edu.c [State Key Laboratory of Biocontrol, and School of Life Sciences, Sun Yat-sen (Zhongshan) University, Guangzhou 510275 (China); Qiu, R.L. [Guangdong Provincial Key Lab of Environmental Pollution Control and Remediation Technology, and School of Sciences and Engineering, Sun Yat-sen (Zhongshan) University, Guangzhou 510275 (China); Jie, Y.C. [Institute of Bast Fiber Crops, Chinese Academy of Agricultural Sciences, Changsha 410205 (China); Cui, G.X. [Ramie Research Institute, Hunan Agricultural University, Changsha 410128 (China); Wong, M.H., E-mail: mhwong@hkbu.edu.h [Croucher Institute for Environmental Sciences, and Department of Biology, Hong Kong Baptist University, Kowloon Tong (Hong Kong)

    2010-02-15

    It is observed that ramie (Boehmeria nivea), an economic fiber crop, can establish and colonize metal-contaminated sites in China. Metal tolerance and accumulation by ramie originating from 13 metal-contaminated and 4 'clean' sites in China were compared under field and hydroponic conditions. All selected populations and germplasms displayed good growth performance under diverse metal-contaminated habitats; while growth responses, metal accumulation and tolerance were similar among the 8 populations and 2 germplasms when exposed to solutions containing elevated As, Cd, Pb, or Zn in the laboratory. These revealed that ramie possesses a certain degree of constitutional metal tolerance. To our knowledge, this is the first report of constitutional metal tolerance possessed by a fiber crop. Ramie can be considered as a good candidate for both fiber production and phytoremediation of sites contaminated by multi-metals, as it accumulates relative low metal concentrations, but possesses both high biomass and high economic value. - Ramie possesses economic and environmental values in phytoremediation

  11. Multiaxial probabilistic elastic-plastic constitutive simulations of soils

    Science.gov (United States)

    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

  12. Orexin A/Hypocretin Modulates Leptin Receptor-Mediated Signaling by Allosteric Modulations Mediated by the Ghrelin GHS-R1A Receptor in Hypothalamic Neurons.

    Science.gov (United States)

    Medrano, Mireia; Aguinaga, David; Reyes-Resina, Irene; Canela, Enric I; Mallol, Josefa; Navarro, Gemma; Franco, Rafael

    2018-06-01

    The hypothalamus is a key integrator of nutrient-seeking signals in the form of hormones and metabolites originated in both the central nervous system and the periphery. The main autocrine and paracrine target of orexinergic-related hormones such as leptin, orexin/hypocretin, and ghrelin are neuropeptide Y neurons located in the arcuate nucleus of the hypothalamus. The aim of this study was to investigate the expression and the molecular and functional relationships between leptin, orexin/hypocretin and ghrelin receptors. Biophysical studies in a heterologous system showed physical interactions between them, with potential formation of heterotrimeric complexes. Functional assays showed robust allosteric interactions particularly different when the three receptors are expressed together. Further biochemical and pharmacological assays provided evidence of heterotrimer functional expression in primary cultures of hypothalamic neurons. These findings constitute evidence of close relationships in the action of the three hormones already starting at the receptor level in hypothalamic cells.

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

    International Nuclear Information System (INIS)

    Hada, Kazuhiko; Mutoh, Yasushi

    1983-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Alexandra OANŢĂ (NACU

    2016-10-01

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

  15. Sub-national constitutions in Ethiopia

    African Journals Online (AJOL)

    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 ...

  16. The Constitution and Academic Freedom.

    Science.gov (United States)

    Gilbertson, Eric R.

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

  17. Molecular dynamic simulation of the self-assembly of DAP12-NKG2C activating immunoreceptor complex.

    Directory of Open Access Journals (Sweden)

    Peng Wei

    Full Text Available The DAP12-NKG2C activating immunoreceptor complex is one of the multisubunit transmembrane protein complexes in which ligand-binding receptor chains assemble with dimeric signal-transducing modules through non-covalent associations in their transmembrane (TM domains. In this work, both coarse grained and atomistic molecular dynamic simulation methods were applied to investigate the self-assembly dynamics of the transmembrane domains of the DAP12-NKG2C activating immunoreceptor complex. Through simulating the dynamics of DAP12-NKG2C TM heterotrimer and point mutations, we demonstrated that a five-polar-residue motif including: 2 Asps and 2 Thrs in DAP12 dimer, as well as 1 Lys in NKG2C TM plays an important role in the assembly structure of the DAP12-NKG2C TM heterotrimer. Furthermore, we provided clear evidences to exclude the possibility that another NKG2C could stably associate with the DAP12-NKG2C heterotrimer. Based on the simulation results, we proposed a revised model for the self-assembly of DAP12-NKG2C activating immunoreceptor complex, along with a plausible explanation for the association of only one NKG2C with a DAP12 dimer.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

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

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

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

    OpenAIRE

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

    2016-01-01

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

  1. Structure and Calibration of Constitutive Equations for Granular Soils

    Directory of Open Access Journals (Sweden)

    Sawicki Andrzej

    2015-02-01

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

  2. A constitutive model for concrete under dynamic loading

    International Nuclear Information System (INIS)

    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)

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

    Directory of Open Access Journals (Sweden)

    Orestes Rodríguez Musa

    2013-12-01

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

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

    Directory of Open Access Journals (Sweden)

    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.

  5. Development of constitutive equations for nuclear reactor core materials

    International Nuclear Information System (INIS)

    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.)

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

    Science.gov (United States)

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

    2018-04-01

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

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

    African Journals Online (AJOL)

    This paper critically reviewed the provisions of the 1999 Constitution of Nigeria on freedom ... Insight was drawn from international legal instrument on the subject. ... However, the repudiation of the supremacy of the Constitution by Islamic law ...

  8. Oculomotor selection underlies feature retention in visual working memory.

    Science.gov (United States)

    Hanning, Nina M; Jonikaitis, Donatas; Deubel, Heiner; Szinte, Martin

    2016-02-01

    Oculomotor selection, spatial task relevance, and visual working memory (WM) are described as three processes highly intertwined and sustained by similar cortical structures. However, because task-relevant locations always constitute potential saccade targets, no study so far has been able to distinguish between oculomotor selection and spatial task relevance. We designed an experiment that allowed us to dissociate in humans the contribution of task relevance, oculomotor selection, and oculomotor execution to the retention of feature representations in WM. We report that task relevance and oculomotor selection lead to dissociable effects on feature WM maintenance. In a first task, in which an object's location was encoded as a saccade target, its feature representations were successfully maintained in WM, whereas they declined at nonsaccade target locations. Likewise, we observed a similar WM benefit at the target of saccades that were prepared but never executed. In a second task, when an object's location was marked as task relevant but constituted a nonsaccade target (a location to avoid), feature representations maintained at that location did not benefit. Combined, our results demonstrate that oculomotor selection is consistently associated with WM, whereas task relevance is not. This provides evidence for an overlapping circuitry serving saccade target selection and feature-based WM that can be dissociated from processes encoding task-relevant locations. Copyright © 2016 the American Physiological Society.

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

    OpenAIRE

    Andrea Lollini

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Miguel Navarro Meza

    2017-12-01

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

  11. Catholic Modernity and the Italian Constitution

    DEFF Research Database (Denmark)

    Thomassen, Bjørn; Forlenza, Rosario

    2016-01-01

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

  12. Transnational Governance and Constitutionalism

    DEFF Research Database (Denmark)

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

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

  13. Human Rights in Armed Conflicts and Constitutional Law

    OpenAIRE

    Antonios Maniatis

    2017-01-01

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

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

    Science.gov (United States)

    McClellan, James

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

  15. 28 CFR 51.55 - Consistency with constitutional and statutory requirements.

    Science.gov (United States)

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Liliana Lizarazo-Rodríguez

    2011-03-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

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

  18. The Constitutional Reform in Romania after the 2009 Referendum

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    Marlon roberth sales

    2015-12-01

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

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

    OpenAIRE

    Morina, Visar

    2016-01-01

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

  1. Constitutional “World Views”, Global Governance and International Relations Theory

    NARCIS (Netherlands)

    Larik, J.E.

    2014-01-01

    This paper addresses the constitutional entrenchment of foreign policy preferences, or “world views”, from the vantage point of International Relations theory. Empirically, norms that sketch out certain visions of global governance have become a popular feature of constitutional design. The paper

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

    NARCIS (Netherlands)

    S. Michel (Stephan)

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Andrea Lollini

    2012-05-01

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

  4. Review of constitutive models and failure criteria for concrete

    Energy Technology Data Exchange (ETDEWEB)

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

    2000-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Yuliya Nadtochey

    2017-01-01

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

  6. The Anatomy of a Constitutional Tort.

    Science.gov (United States)

    Horner, Jeffrey J.

    1988-01-01

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

  7. 13 CFR 107.730 - Financings which constitute conflicts of interest.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Financings which constitute... SMALL BUSINESS INVESTMENT COMPANIES Financing of Small Businesses by Licensees Determining the Eligibility of A Small Business for Sbic Financing § 107.730 Financings which constitute conflicts of interest...

  8. 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.

    Science.gov (United States)

    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.

  9. Application of Bayesian Model Selection for Metal Yield Models using ALEGRA and Dakota.

    Energy Technology Data Exchange (ETDEWEB)

    Portone, Teresa; Niederhaus, John Henry; Sanchez, Jason James; Swiler, Laura Painton

    2018-02-01

    This report introduces the concepts of Bayesian model selection, which provides a systematic means of calibrating and selecting an optimal model to represent a phenomenon. This has many potential applications, including for comparing constitutive models. The ideas described herein are applied to a model selection problem between different yield models for hardened steel under extreme loading conditions.

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

    Science.gov (United States)

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

    2018-04-25

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

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

    Science.gov (United States)

    Peng, Xue-Jing; Li, Chong

    2011-10-01

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

  12. Constitutional judge and presidential reelection in Latin America

    Directory of Open Access Journals (Sweden)

    Ernesto Cárdenas

    2018-04-01

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

  13. Constitutive behaviour of mixed mode loaded adhesive layer

    DEFF Research Database (Denmark)

    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...

  14. Learning from the EU Constitutional Treaty

    NARCIS (Netherlands)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    A Louw

    2010-12-01

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

  17. Unborn children as constitutional persons.

    Science.gov (United States)

    Roden, Gregory J

    2010-01-01

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

  18. Factors that influence the realization of the constitutional – legal protection

    OpenAIRE

    Safet Emruli

    2018-01-01

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

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

    Science.gov (United States)

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

    2003-03-01

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

  20. Constitutional Due Process and Educational Administration.

    Science.gov (United States)

    Uerling, Donald F.

    1985-01-01

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

  1. Mechanism of constitution liquid film migration

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-06-01

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

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

    International Nuclear Information System (INIS)

    Faehrmann, Ingo; Ringwald, Roman

    2012-01-01

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

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

    Science.gov (United States)

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

    2016-08-01

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

  4. Common structural basis for constitutive activity of the ghrelin receptor family

    DEFF Research Database (Denmark)

    Holst, Birgitte; Holliday, Nicholas D; Bach, Anders

    2004-01-01

    Three members of the ghrelin receptor family were characterized in parallel: the ghrelin receptor, the neurotensin receptor 2 and the orphan receptor GPR39. In transiently transfected COS-7 and human embryonic kidney 293 cells, all three receptors displayed a high degree of ligand......-independent signaling activity. The structurally homologous motilin receptor served as a constitutively silent control; upon agonist stimulation, however, it signaled with a similar efficacy to the three related receptors. The constitutive activity of the ghrelin receptor and of neurotensin receptor 2 through the G...... demonstrated that the epitope-tagged ghrelin receptor was constitutively internalized but could be trapped at the cell surface by an inverse agonist, whereas GPR39 remained at the cell surface. Mutational analysis showed that the constitutive activity of both the ghrelin receptor and GPR39 could systematically...

  5. Government and Ethics: The Constitutional Foundation.

    Science.gov (United States)

    Rossum, Ralph A.

    1984-01-01

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

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

    African Journals Online (AJOL)

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

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

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

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

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

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

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

  9. Constitution and magnetism of iron and its alloys

    CERN Document Server

    Pepperhoff, Werner

    2001-01-01

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

  10. Kemungkinan Penerapan Preliminary Ruling Procedure sebagai Media Constitutional Complaint di Mahkamah Konstitusi

    OpenAIRE

    Arundhati, Gautama Budi

    2017-01-01

    Preliminary ruling procedure seperti yang diterapkan di Uni Eropa dapat menjadi metode alternatif dalam pelaksanaan constitutional complaint di Indonesia. Undang-Undang Dasar 1945 sebagai hukum tertinggi di Indonesia dikawal oleh lembaga yang bernama Mahkamah Konstitusi Republik Indonesia, dan dalam preliminary ruling procedure untuk pemberlakuan constitutional complaint maka dibutuhkan Peran Pengadilan Negeri dimana melalui preliminary ruling procedure tersebut dapat melakukan constitutional...

  11. Constitutive equation of butter at static loading

    Directory of Open Access Journals (Sweden)

    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.

  12. Channel selection for automatic seizure detection

    DEFF Research Database (Denmark)

    Duun-Henriksen, Jonas; Kjaer, Troels Wesenberg; Madsen, Rasmus Elsborg

    2012-01-01

    Objective: To investigate the performance of epileptic seizure detection using only a few of the recorded EEG channels and the ability of software to select these channels compared with a neurophysiologist. Methods: Fifty-nine seizures and 1419 h of interictal EEG are used for training and testing...... of an automatic channel selection method. The characteristics of the seizures are extracted by the use of a wavelet analysis and classified by a support vector machine. The best channel selection method is based upon maximum variance during the seizure. Results: Using only three channels, a seizure detection...... sensitivity of 96% and a false detection rate of 0.14/h were obtained. This corresponds to the performance obtained when channels are selected through visual inspection by a clinical neurophysiologist, and constitutes a 4% improvement in sensitivity compared to seizure detection using channels recorded...

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

    Science.gov (United States)

    Welsh, Benjamin H.

    2010-01-01

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

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

    African Journals Online (AJOL)

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

  15. 29 CFR 780.121 - What constitutes “raising” of livestock.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false What constitutes âraisingâ of livestock. 780.121 Section... General Scope of Agriculture Raising of Livestock, Bees, Fur-Bearing Animals, Or Poultry § 780.121 What constitutes “raising” of livestock. The term “raising” employed with reference to livestock in section 3(f...

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

    Index Scriptorium Estoniae

    Kiiver, Philipp

    2006-01-01

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

  17. Constitutive Modeling for Sheet Metal Forming

    International Nuclear Information System (INIS)

    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

  18. RELATIONS OF CONSTITUTIONAL CHARACTERISTICS AND MOTORIC ABILITIES OF SERBIA AND MONTENEFRO AND MONTENEGRO

    Directory of Open Access Journals (Sweden)

    Ivan Terzić

    2011-08-01

    Full Text Available Handball is the one of the most important sports in this region for many years. Althought being a host of European chamiponship 2010, Montenegro didn’t fulfill expectations, neither of fans, neither of professional comunity, only reaching 17th place. Couple of years before, male cadet handball selection Sebia and Montenegro had achieved great succes conquered the title of European (2004 and World champion (2005. Since representatives of Montenegro have consisted a significant part of that team, we tried to compare some of constitutional characteristics (weight, height and planimetry of hand and 10 motorical abilities of these two selections. Sample consisted of 20 representatives male cadet handball selection of Sebia and Montenegro and 16 male cadet handball selection Montenegro. We used t test for independent samples. Our results showed that there were statisticaly significant differences at planimetry of hand, agility test, speed test, long jump, triple jump, repetitive trunk flexor strength and hand taping. Representatives of Montenego had better results only on the test of hand taping. Also, we tried to find out, by use of Pearson correlation coefficient, which of anthropometic characteristics and motorical abilities could participate in succes of Serbia and Montenegro team and compare them with relationships obtained at the sample of Montenegro’s representatives. Results showed that there were some statisticaly significant correlations between anthropometrical characteristics and motorical abilities. Only one correlation was the common at both samples, the one between long jump and triple jump, and it was stronger at sample of Montenegro cadets. These results confirmed our assumption about usefulness of standards which were created by trophy cadet selection of Sebia and Montenegro for planing and creating work programmes for Montenegro handball team and also in process of selection of players for national team

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

    Directory of Open Access Journals (Sweden)

    Florentina Camelia Stoica

    2016-12-01

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

  20. Method to determine the optimal constitutive model from spherical indentation tests

    Directory of Open Access Journals (Sweden)

    Tairui Zhang

    2018-03-01

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

  1. Globalisation of the National Judiciary and the Dutch Constitution

    Directory of Open Access Journals (Sweden)

    Elaine Mak

    2013-03-01

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

  2. Primary packaging considerations in developing medicines for children: oral liquid and powder for constitution.

    Science.gov (United States)

    Campbell, Gossett A; Vallejo, Erick

    2015-01-01

    The packaging presentation of oral liquid pediatric medicines is a critical step in maintaining chemical and physical stability, compliance, adherence, and proper handling by the target patient population, guardians, caregivers, and health-care professionals. The common packaging presentations for commercial oral liquid pediatric drug products are glass bottle, plastic bottle, sachet, and stick pack configurations. The type of pack presentation selected is driven by the quality target product profile (QTPP) that is designed around the physicochemical properties of the drug substance and the desired drug product suitability for the target population. The QTPP defines the intended use of the drug product, drug product quality criteria, dose strength, dosage form, container closure system, storage conditions, stability criteria, dosing device, shelf life, and attributes affecting the pharmacokinetic characteristics. Oral liquid pediatric formulations are typically prepared from a powder that is constituted at the time of use as a suspension or a solution for single or multiple use depending on the stability of the constituted formulation. Active ingredients with high aqueous solubility can be developed as a powder for oral solution and presented in a bottle for multiple use product and a stick pack, packet, or sachet for single-use product. Active ingredients with low aqueous solubility can be developed as a powder for oral suspension and presented in a bottle for multiple use product and a stick pack or sachet for single-use product. A secondary package may be used in cases where the primary pack failed to provide adequate protection against light degradation. This work will help formulation scientists select the most appropriate pack presentation in the early stages of pediatric clinical development. © 2014 Wiley Periodicals, Inc. and the American Pharmacists Association.

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

    Science.gov (United States)

    Dailey, Anne C

    2005-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Donika Plakolli

    2017-03-01

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

  5. Are there reliable constitutive laws for dynamic friction?

    Science.gov (United States)

    Woodhouse, Jim; Putelat, Thibaut; McKay, Andrew

    2015-09-28

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

  6. Dynamic constitutional frameworks for DNA biomimetic recognition.

    Science.gov (United States)

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

    2015-02-07

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

  7. James Madison and the Constitutional Convention.

    Science.gov (United States)

    Scanlon, Thomas M.

    1987-01-01

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

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

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

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

  9. Limitations of constitutive relations for TiNi shape memory alloys

    International Nuclear Information System (INIS)

    Tang, W.; Sandstroem, R.

    1995-01-01

    Phase transformation tensor Ω in the constitutive equation proposed by Tanaka has been evaluated by employing experimental data of TiNi alloys in a constrained recovery process. It demonstrates that the absolute value of Ω for the constrained recovery process is typically about 0.6 ∼ 0.7 x 10 3 MPa, which is much smaller than that for the stress - induced martensitic transformation (typically 2.5 ∼ 3.5 x 10 3 ). Based on the evaluated results for Ω, predicted recovery stress - temperature relations by the constitutive equation are compared with the experimental data for TiNi rods under different strains. Big discrepancy exists for large strain conditions. Several transformation kinetic expressions are examined for the constitutive relation of the constrained recovery process. (orig.)

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

    Directory of Open Access Journals (Sweden)

    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

  11. The Eurozone Crisis: A Constitutional Analysis

    Directory of Open Access Journals (Sweden)

    Anna Sting

    2015-08-01

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

  12. Brief Considerations on the German Constitutional Approach of the Freedom of Expression

    Directory of Open Access Journals (Sweden)

    Carmen MOLDOVAN

    2015-08-01

    Full Text Available The process of understanding the concept of freedom of expression is very complex and it implies thorough knowledge of the constitutional values and the analysis of the constitutional tradition of different legal systems. At the same time, a balancing operation is necessary between the value of freedom of speech and other fundamental rights, process that establishes limits of the expression such as criminalizing hate speech or other actions which affect the individual dignity. The human dignity has become a constant component of the constitutional case law of many States that share the same characteristics due to the promotion of fundamental rights. In the absence of a hierarchy of rights and fundamental freedom, freedom of expression is analyzed in many cases as a primary right (Kentridge, 1996, p. 254 that prevails over other fundamental rights. This study aims to analyze the landmarks of the German constitutional interpretation of the concept of freedom of expression, to identify its scope and types of speech excluded from the constitutional protection. The choice of this constitutional legal order was justified by the complexity of this topic and the specificity of the German history and tradition, elements that have contributed to an interesting vision in the matter of conflict between different fundamental rights.

  13. The Finance Paradox: How American Constitutional Values Inhibit the Funding of Quality Education

    Science.gov (United States)

    Thro, William

    2004-01-01

    In America free public education is a constitutional value. Yet, although free public education for all is a constitutional value, America's public schools remain ravaged by "savage inequalities", many of which are the direct result of significant financial disparities. Given the obvious conflict between the constitutional value of free public…

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

    Science.gov (United States)

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

    2012-01-01

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

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

    OpenAIRE

    Alejandra Germán Doldán

    2015-01-01

    The Constitutional Tribunal, the highest judicial court involved in the interpretation of the Spanish Constitution, has issued numerous judgments of high technical value in order to advance gender equality. Its decisions had widely developed, as a guarantee, the prohibition of gender discrimination included in Article 14 of the Spanish Constitution. However, these decisions had not always employed theoretically accurate concepts or adequately refined conceptual models This article is a critic...

  16. Adaptation in constitutional dynamic libraries and networks, switching between orthogonal metalloselection and photoselection processes.

    Science.gov (United States)

    Vantomme, Ghislaine; Jiang, Shimei; Lehn, Jean-Marie

    2014-07-02

    Constitutional dynamic libraries of hydrazones (a)A(b)B and acylhydrazones (a)A(c)C undergo reorganization and adaptation in response to a chemical effector (metal cations) or a physical stimulus (light). The set of hydrazones [(1)A(1)B, (1)A(2)B, (2)A(1)B, (2)A(2)B] undergoes metalloselection on addition of zinc cations which drive the amplification of Zn((1)A(2)B)2 by selection of the fittest component (1)A(2)B. The set of acylhydrazones [E-(1)A(1)C, (1)A(2)C, (2)A(1)C, (2)A(2)C] undergoes photoselection by irradiation of the system, which causes photoisomerization of E-(1)A(1)C into Z-(1)A(1)C with amplification of the latter. The set of acyl hydrazones [E-(1)A(1)C, (1)A(3)C, (2)A(1)C, (2)A(3)C] undergoes a dual adaptation via component exchange and selection in response to two orthogonal external agents: a chemical effector, metal cations, and a physical stimulus, light irradiation. Metalloselection takes place on addition of zinc cations which drive the amplification of Zn((1)A(3)C)2 by selection of the fittest constituent (1)A(3)C. Photoselection is obtained on irradiation of the acylhydrazones that leads to photoisomerization from E-(1)A(1)C to Z-(1)A(1)C configuration with amplification of the latter. These changes may be represented by square constitutional dynamic networks that display up-regulation of the pairs of agonists ((1)A(2)B, (2)A(1)B), (Z-(1)A(1)C, (2)A(2)C), ((1)A(3)C, (2)A(1)C), (Z-(1)A(1)C, (2)A(3)C) and the simultaneous down-regulation of the pairs of antagonists ((1)A(1)B, (2)A(2)B), ((1)A(2)C, (2)A(1)C), (E-(1)A(1)C, (2)A(3)C), ((1)A(3)C, (2)A(1)C). The orthogonal dual adaptation undergone by the set of acylhydrazones amounts to a network switching process.

  17. Lodging of a constitutional complaint. Reason: Inhibition to hold a demonstration

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

    The Federal Consitutional Court states the conditions allowing issue of a preliminary order of court - in this case, for reinstating the suspensive effect of a protest lodged against an inhibition to hold a demonstration, i.e. for allowing the demonstration to be held - in the event that due to lack of time the Federal Constitutional Court is not in a position to sufficiently clarify the state of facts. The constitutional complaint and petition for preliminary order had been filed at the evening before the day the demonstration was planned to be held. Judging from the facts and circumstances given in the notice inhibiting the demonstration, and the conditions stated by the Administrative Court, there is reason enough to presume that holding the demonstration near the building site of the Wackersdorf Reprocessing Plant will very likely lead to endangering public peace and order. Against this background, the Federal Constitutional Court cannot see reasons to deviate from the assessment of facts given in the decision protested against. This all the more as the wording of the attacked decisions is such that it can be assumed that the constitutional principles stated by the Federal Constitutional Court in its Brokdorf decision (of May 14, 1985) have duly been taken into account. (orig./HSCH) [de

  18. Evidence of constitutional MLH1 epimutation associated to transgenerational inheritance of cancer susceptibility.

    Science.gov (United States)

    Crépin, Michel; Dieu, Marie-Claire; Lejeune, Sophie; Escande, Fabienne; Boidin, Denis; Porchet, Nicole; Morin, Gilles; Manouvrier, Sylvie; Mathieu, Michèle; Buisine, Marie-Pierre

    2012-01-01

    Constitutional epimutations of DNA mismatch repair (MMR) genes have been recently reported as a possible cause of Lynch syndrome. However, little is known about their prevalence, the risk of transmission through the germline and the risk for carriers to develop cancers. In this study, we evaluated the contribution of constitutional epimutations of MMR genes in Lynch syndrome. A cohort of 134 unrelated Lynch syndrome-suspected patients without MMR germline mutation was screened for constitutional epimutations of MLH1 and MSH2 by quantitative bisulfite pyrosequencing. Patients were also screened for the presence of EPCAM deletions, a possible cause of MSH2 methylation. Tumors from patients with constitutional epimutations were extensively analyzed. We identified a constitutional MLH1 epimutation in two proband patients. For one of them, we report for the first time evidence of transmission to two children who also developed early colonic tumors, indicating that constitutional MLH1 epimutations are associated to a real risk of transgenerational inheritance of cancer susceptibility. Moreover, a somatic BRAF mutation was detected in one affected child, indicating that tumors from patients carrying constitutional MLH1 epimutation can mimic MSI-high sporadic tumors. These findings may have important implications for future diagnostic strategies and genetic counseling. © 2011 Wiley Periodicals, Inc.

  19. Constitutive modeling of metastable austenitic stainless steel

    NARCIS (Netherlands)

    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

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

    Directory of Open Access Journals (Sweden)

    Kim Chaeweon

    2013-12-01

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

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

    Directory of Open Access Journals (Sweden)

    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.

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

    African Journals Online (AJOL)

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

  3. European Constitutional Identity “Inside Out”: Inherent Risks of the Pluralist Structure

    DEFF Research Database (Denmark)

    Cebulak, Pola Paula

    2012-01-01

    The jurisprudence of the CJEU and the national constitutional courts referring to the national constitutional identities of the Members States fits into the framework of constitutional pluralism as modus vivendi of the European legal order. This paper focuses in particular on the recent judgments...... the tensions inherent in the pluralist structure of the relationships between legal orders in the European arena. Constitutional identity is yet another concept used in this debate about the ultimate authority. Pluralism assumes that the courts will compete over the ultimate authority and will try to use...... for fruitful interaction of competing visions of Europe. Single criticisable judgments do not put in question the viability of the whole framework, but it is important to be aware of the systemic risks....

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

    Directory of Open Access Journals (Sweden)

    Giorgio Baruchello

    2016-03-01

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

  5. Security Risks Management in Selected Academic Libraries in Osun ...

    African Journals Online (AJOL)

    The survival of a library depends to a large extent on how secured its collections are. Security of collections constitutes a critical challenge facing academic libraries in Nigeria. It is against this background that this study investigated the security risks management in selected academic libraries in Osun State, Nigeria.

  6. Engineering Escherichia coli to grow constitutively on D-xylose using the carbon-efficient Weimberg pathway

    Science.gov (United States)

    Rossoni, Luca; Carr, Reuben; Baxter, Scott; Cortis, Roxann; Thorpe, Thomas; Eastham, Graham; Stephens, Gill

    2018-01-01

    Bio-production of fuels and chemicals from lignocellulosic C5 sugars usually requires the use of the pentose phosphate pathway (PPP) to produce pyruvate. Unfortunately, the oxidation of pyruvate to acetyl-coenzyme A results in the loss of 33 % of the carbon as CO2, to the detriment of sustainability and process economics. To improve atom efficiency, we engineered Escherichia coli to utilize d-xylose constitutively using the Weimberg pathway, to allow direct production of 2-oxoglutarate without CO2 loss. After confirming enzyme expression in vitro, the pathway expression was optimized in vivo using a combinatorial approach, by screening a range of constitutive promoters whilst systematically varying the gene order. A PPP-deficient (ΔxylAB), 2-oxoglutarate auxotroph (Δicd) was used as the host strain, so that growth on d-xylose depended on the expression of the Weimberg pathway, and variants expressing Caulobacter crescentus xylXAB could be selected on minimal agar plates. The strains were isolated and high-throughput measurement of the growth rates on d-xylose was used to identify the fastest growing variant. This strain contained the pL promoter, with C. crescentus xylA at the first position in the synthetic operon, and grew at 42 % of the rate on d-xylose compared to wild-type E. coli using the PPP. Remarkably, the biomass yield was improved by 53.5 % compared with the wild-type upon restoration of icd activity. Therefore, the strain grows efficiently and constitutively on d-xylose, and offers great potential for use as a new host strain to engineer carbon-efficient production of fuels and chemicals via the Weimberg pathway. PMID:29458683

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

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

    2002-07-01

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

  9. High Temperature Mechanical Constitutive Modeling of a High-Nb TiAl Alloy

    Directory of Open Access Journals (Sweden)

    DONG Chengli

    2018-02-01

    Full Text Available Uniaxial tensile, low cycle fatigue, fatigue-creep interaction and creep experiments of a novel high-Nb TiAl alloy (i.e. Ti-45Al-8Nb-0.2W-0.2B-0.02Y (atom fraction/% were conducted at 750℃ to obtain its tested data and curves. Based on Chaboche visco-plasticity unified constitutive model, Ohno-Wang modified non-linear kinematic hardening was introduced in Chaboche constitutive model to describe the cyclic hardening/softening, and Kachanov damage was coupled in Chaboche constitutive model to characterize the accelerated creep stage. The differential equations of the constitutive model discretized by explicit Euler method were compiled in to ABAQUS/UMAT to simulate the mechanical behavior of high-Nb TiAl alloy at different test conditions. The results show that Chaboche visco-plasticity unified constitutive model considering both Ohno-Wang modified non-linear kinematic hardening and Kachanov damage is able to simulate the uniaxial tensile, low cycle fatigue, fatigue-creep interaction and creep behavior of high-Nb TiAl alloy and has high accuracy.

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

    Science.gov (United States)

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

    2016-08-01

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

  11. Constitutional Crowdsourcing to Reconcile Demos with Aristos and Nomos

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2017-01-01

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

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

    International Nuclear Information System (INIS)

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

    1985-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Viridiana Molinares Hassan

    2014-07-01

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

  14. The right to work in the Constitution of the Republic of Serbia

    Directory of Open Access Journals (Sweden)

    Kulidžan Milica Z.

    2016-01-01

    Full Text Available The right to work is a fundamental human right which is a challenge for every country to accomplish achieve. Importance of guaranteeing the right to work in a constitution of a country does not come into question. Constitutional guarantee of the right to work does not imply the obligation for a country to provide employment for its every citizen, but rather to increase country's activities in order to make the conditions for achieving the right to work, that is, to conduct the policy of full employment. The Constitution of the Republic of Serbia, passed in 2006, continues to guarantee the right to work, which was firstly guaranteed by the Constitutional Law of 1953. Considering the achieved level of recognized human rights, principles and values, the Constitution of the Republic of Serbia of2006 has guaranteed the right to work and other rights that essentially constitute the right to work from a wider perspective, such as the right to limited working hours, safe and healthy working conditions, the right to daily, weekly interval for rest and a paid annual holiday, the right to a fair remuneration for work done and a legal protection in case of termination of working relations. The main characteristics of guaranteed right to work are the right to choose one's occupation freely and the equal opportunity for gaining employment under equal conditions.

  15. 118 CONSTITUTIONALISM AND GOOD GOVERNANCE IN NIGERIA

    African Journals Online (AJOL)

    Fr. Ikenga

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

  16. A New Theory of Non-Linear Thermo-Elastic Constitutive Equation of Isotropic Hyperelastic Materials

    Science.gov (United States)

    Li, Chen; Liao, Yufei

    2018-03-01

    Considering the influence of temperature and strain variables on materials. According to the relationship of conjugate stress-strain, a complete and irreducible non-linear constitutive equation of isotropic hyperelastic materials is derived and the constitutive equations of 16 types of isotropic hyperelastic materials are given we study the transformation methods and routes of 16 kinds of constitutive equations and the study proves that transformation of two forms of constitutive equation. As an example of application, the non-linear thermo-elastic constitutive equation of isotropic hyperelastic materials is combined with the natural vulcanized rubber experimental data in the existing literature base on MATLAB, The results show that the fitting accuracy is satisfactory.

  17. Constitutive relations for multiphase flow modeling

    Energy Technology Data Exchange (ETDEWEB)

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

    1998-01-01

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

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

    International Nuclear Information System (INIS)

    Senseny, P.E.

    1985-01-01

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

  19. A framework for the automated data-driven constitutive characterization of composites

    Science.gov (United States)

    J.G. Michopoulos; John Hermanson; T. Furukawa; A. Iliopoulos

    2010-01-01

    We present advances on the development of a mechatronically and algorithmically automated framework for the data-driven identification of constitutive material models based on energy density considerations. These models can capture both the linear and nonlinear constitutive response of multiaxially loaded composite materials in a manner that accounts for progressive...

  20. Sequence-selective targeting of duplex DNA by peptide nucleic acids

    DEFF Research Database (Denmark)

    Nielsen, Peter E

    2010-01-01

    Sequence-selective gene targeting constitutes an attractive drug-discovery approach for genetic therapy, with the aim of reducing or enhancing the activity of specific genes at the transcriptional level, or as part of a methodology for targeted gene repair. The pseudopeptide DNA mimic peptide...

  1. Representations for implicit constitutive relations describing non-dissipative response of isotropic materials

    Science.gov (United States)

    Gokulnath, C.; Saravanan, U.; Rajagopal, K. R.

    2017-12-01

    A methodology for obtaining implicit constitutive representations involving the Cauchy stress and the Hencky strain for isotropic materials undergoing a non-dissipative process is developed. Using this methodology, a general constitutive representation for a subclass of implicit models relating the Cauchy stress and the Hencky strain is obtained for an isotropic material with no internal constraints. It is shown that even for this subclass, unlike classical Green elasticity, one has to specify three potentials to relate the Cauchy stress and the Hencky strain. Then, a procedure to obtain implicit constitutive representations for isotropic materials with internal constraints is presented. As an illustration, it is shown that for incompressible materials the Cauchy stress and the Hencky strain could be related through a single potential. Finally, constitutive approximations are obtained when the displacement gradient is small.

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

    Directory of Open Access Journals (Sweden)

    Maria Carmen Aguilar Del Castillo

    2016-06-01

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

  3. Habermas on European Constitution and European Identity

    Directory of Open Access Journals (Sweden)

    Éva Biró-Kaszás

    2010-12-01

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

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

    OpenAIRE

    Miroshnichenko, O.

    2011-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2015-11-01

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

  6. Constitution, 5 October 1988.

    Science.gov (United States)

    1989-01-01

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

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

    International Nuclear Information System (INIS)

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

    1992-01-01

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

  8. Time-to-code converter with selection of time intervals on duration

    International Nuclear Information System (INIS)

    Atanasov, I.Kh.; Rusanov, I.R.; )

    2001-01-01

    Identification of elementary particles on the basis of time-of-flight represents the important approach of the preliminary selection procedure. Paper describes a time-to-code converter with preliminary selection of the measured time intervals as to duration. It consists of a time-to-amplitude converter, an analog-to-digital converter, a unit of selection of time intervals as to duration, a unit of total reset and CAMAC command decoder. The time-to-code converter enables to measure time intervals with 100 ns accuracy within 0-100 ns range. Output code capacity is of 10. Selection time constitutes 50 ns [ru

  9. Numerical implementation of a transverse-isotropic inelastic, work-hardening constitutive model

    International Nuclear Information System (INIS)

    Baladi, G.Y.

    1977-01-01

    During the past few decades the dramatic growth of computer technology has been paralleled by an increasing degree of complexity in material constitutive modeling. This paper documents the numerical implementation of one of these models, specifically a transverse-isotropic, inelastic, work-hardening constitutive model which is developed elsewhere by the author. (Auth.)

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

    African Journals Online (AJOL)

    Administrator

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

  11. Was the Constitution Pro-Slavery? The Changing View of Frederick Douglass

    Science.gov (United States)

    Cohen, Robert

    2008-01-01

    In this article, the author reflects on Frederick Douglass's different interpretations of the Constitution. One explanation of the shift in Douglass's thinking on the Constitution had to do with his growing intellectual independence. Douglass had the intellectual space to reflect on the fact that there was more than one way to think about…

  12. generalized constitutive model for stabilized quick clay

    African Journals Online (AJOL)

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

  13. A model for TRIP steel constitutive behaviour

    NARCIS (Netherlands)

    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

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

    Directory of Open Access Journals (Sweden)

    Birmontienė Toma

    2015-01-01

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

  15. The Normative Constitution of Agency

    OpenAIRE

    Korsgaard, Christine M.

    2014-01-01

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

  16. Constitutive NADPH-Dependent Electron Transferase Activity of the Nox4 Dehydrogenase Domain?

    OpenAIRE

    Nisimoto, Yukio; Jackson, Heather M.; Ogawa, Hisamitsu; Kawahara, Tsukasa; Lambeth, J. David

    2010-01-01

    NADPH oxidase 4 (Nox4) is constitutively active, while Nox2 requires the cytosolic regulatory subunits p47 phox and p67 phox and activated Rac with activation by phorbol 12-myristate 13-acetate (PMA). This study was undertaken to identify the domain on Nox4 that confers constitutive activity. Lysates from Nox4-expressing cells exhibited constitutive NADPH- but not NADH-dependent hydrogen peroxide production with a K m for NADPH of 55 ? 10 ?M. The concentration of Nox4 in cell lysates was esti...

  17. Constitutive modelling of composite biopolymer networks.

    Science.gov (United States)

    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.

  18. HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW

    Directory of Open Access Journals (Sweden)

    Cass R. Sunstein

    2017-02-01

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

  19. Mechanical characterization and constitutive modeling of Mg alloy sheets

    International Nuclear Information System (INIS)

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

    2012-01-01

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

  20. Hierarchical representation and utilization of plant constitution knowledge

    International Nuclear Information System (INIS)

    Nishizawa, Y.; Asami, K.

    1990-01-01

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

  1. Dynamic nanoplatforms in biosensor and membrane constitutional systems.

    Science.gov (United States)

    Mahon, Eugene; Aastrup, Teodor; Barboiu, Mihail

    2012-01-01

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

  2. Constitutional provisions on judicial independence and EU standards

    Directory of Open Access Journals (Sweden)

    Kolaković-Bojović Milica

    2016-01-01

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

  3. Implementation and verification of interface constitutive model in FLAC3D

    Directory of Open Access Journals (Sweden)

    Hai-min Wu

    2011-09-01

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

  4. Method to determine the optimal constitutive model from spherical indentation tests

    Science.gov (United States)

    Zhang, Tairui; Wang, Shang; Wang, Weiqiang

    2018-03-01

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

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

    International Nuclear Information System (INIS)

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

    2010-01-01

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

  6. Constitutive modelling of sandvik 1RK91

    NARCIS (Netherlands)

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

    2003-01-01

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

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

    African Journals Online (AJOL)

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

  8. Constitutional problems in the handling of plutonium

    International Nuclear Information System (INIS)

    Witt, S. de.

    1989-01-01

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

  9. Time-Delay Effects on Constitutive Gene Expression*

    International Nuclear Information System (INIS)

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

    2017-01-01

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

  10. National simple: Constitutionality Analysis of Exclusions Sectorial

    Directory of Open Access Journals (Sweden)

    Guilherme Adolfo dos Santos Mendes

    2016-06-01

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

  11. Towards Viscoplastic Constitutive Models for Cosserat Rods

    Directory of Open Access Journals (Sweden)

    Dörlich Vanessa

    2016-06-01

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

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

    African Journals Online (AJOL)

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

  13. 2-Azido-( sup 32 P)NAD+, a photoactivatable probe for G-protein structure: Evidence for holotransducin oligomers in which the ADP-ribosylated carboxyl terminus of alpha interacts with both alpha and gamma subunits

    Energy Technology Data Exchange (ETDEWEB)

    Vaillancourt, R.R.; Dhanasekaran, N.; Johnson, G.L.; Ruoho, A.E. (Univ. of Wisconsin Medical School, Madison (USA))

    1990-05-01

    A radioactive and photoactivatable derivative of NAD+, 2-azido-(adenylate-32P)NAD+, has been synthesized and used with pertussis toxin to ADP-ribosylate Cys347 of the alpha subunit (alpha T) of GT, the retinal guanine nucleotide-binding protein. ADP-ribosylation of alpha T followed by light activation of the azide moiety of 2-azido-(adenylate-32P)ADP-ribose produced four crosslinked species involving the alpha and gamma subunits of the GT heterotrimer: an alpha trimer (alpha-alpha-alpha), and alpha-alpha-gamma crosslink, an alpha dimer (alpha-alpha), and an alpha-gamma crosslink. The alpha trimer, alpha-alpha-gamma complex, alpha dimer, and alpha-gamma complexes were immunoreactive with alpha T antibodies. The alpha-alpha-gamma and the alpha-gamma complexes were immunoreactive with antisera recognizing gamma subunits. No evidence was found for crosslinking of alpha T to beta T subunits. Hydrolysis of the thioglycosidic bond between Cys347 and 2-azido-(adenylate-32P)ADP-ribose using mercuric acetate resulted in the transfer of radiolabel from Cys347 of alpha T in the crosslinked oligomers to alpha monomers, indicative of intermolecular photocrosslinking, and to gamma monomers, indicative of either intermolecular crosslinked complexes (between heterotrimers) or intramolecular crosslinked complexes (within the heterotrimer). These results demonstrate that GT exists as an oligomer and that ADP-ribosylated Cys347, which is four residues from the alpha T-carboxyl terminus, is oriented toward and in close proximity to the gamma subunit.

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

    Directory of Open Access Journals (Sweden)

    Pejić Irena

    2014-01-01

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

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

    International Nuclear Information System (INIS)

    Decker, R.

    1989-09-01

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

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

    International Nuclear Information System (INIS)

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

    1994-01-01

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

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

    International Nuclear Information System (INIS)

    Suzuki, Kazuhiko; Mutoh, Yasushi

    1983-01-01

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

  18. A constitutive model for the mechanical characterization of the plantar fascia.

    Science.gov (United States)

    Natali, Arturo N; Pavan, Piero G; Stecco, Carla

    2010-10-01

    A constitutive model is proposed to describe the mechanical behavior of the plantar fascia. The mechanical characterization of the plantar fascia regards the role in the foot biomechanics and it is involved in many alterations of its functional behavior, both of mechanical and nonmechanical origin. The structural conformation of the plantar fascia in its middle part is characterized by the presence of collagen fibers reinforcing the tissue along a preferential orientation, which is that supporting the major loading. According to this anatomical evidence, the tissue is described by developing an isotropic fiber-reinforced constitutive model and since the elastic response of the fascia is here considered, the constitutive model is based on the theory of hyperelasticity. The model is consistent with a kinematical description of large strains mechanical behavior, which is typical of soft tissues. A fitting procedure of the constitutive model is implemented making use of experimental curves taken from the literature and referring to specimens of human plantar fascia. A satisfactory fitting of the tensile behavior of the plantar fascia has been performed, showing that the model correctly interprets the mechanical behavior of the tissue in the light of comparison to experimental data at disposal. A critical analysis of the model with respect to the problem of the identification of the constitutive parameters is proposed as the basis for planning a future experimental investigation of mechanical behavior of the plantar fascia.

  19. Constitutional trisomy 8 and Behçet syndrome.

    Science.gov (United States)

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

    2009-05-01

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

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

    African Journals Online (AJOL)

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

  1. A constitutive law for dense granular flows.

    Science.gov (United States)

    Jop, Pierre; Forterre, Yoël; Pouliquen, Olivier

    2006-06-08

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

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

    NARCIS (Netherlands)

    de Wilde, M.

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marinković Tanasije

    2016-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Alejandra Germán Doldán

    2015-10-01

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

  5. Institutionalizing Instability: The Constitutional Roots of Insecurity in Nigeria’s Fourth Republic

    Directory of Open Access Journals (Sweden)

    Hilary Matfess

    2016-09-01

    Full Text Available Nigeria’s return to democracy has been a tumultuous era; the Fourth Republic has been characterized by insurgencies and violence throughout the country. Though seemingly disparate movements, the violence of the Fourth Republic has its roots in the country’s constitution. Three aspects of the 1999 Nigerian constitution stand out as particularly problematic: the centralization of the police at the federal level with limited sub-national oversight, the ambiguous concept of indigeneity, and the overlapping, often contradictory land tenure systems endorsed. All of these allude to the precariousness of Nigerian federalism under the current constitution; ultimately, the police centralization primes the country for violence, while the indigeneity rules and land tenure system make it more difficult to negotiate stable post-conflict settlements. The country’s recent experience with Boko Haram will be used to illustrate how these constitutional tenets facilitate instability.

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

    Science.gov (United States)

    Rohrer, David E.

    1976-01-01

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

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

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    1999-12-01

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

  8. Federalism and constitutional change in Nigeria

    OpenAIRE

    Okpanachi, Eyene; Garba, Ali

    2010-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Stephen Cornell

    2015-01-01

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

  10. Carriers with functional null mutations in LAMA3 have localized enamel abnormalities due to haploinsufficiency

    NARCIS (Netherlands)

    Gostynska, Katarzyna B.; Yuen, Wing Yan; Pasmooij, Anna Maria Gerdina; Stellingsma, Cornelius; Pas, Hendri H.; Lemmink, Henny; Jonkman, Marcel F.

    2017-01-01

    The hereditary blistering disease junctional epidermolysis bullosa (JEB) is always accompanied by structural enamel abnormalities of primary and secondary dentition, characterized as amelogenesis imperfecta. Autosomal recessive mutations in LAMA3, LAMB3 and LAMC2 encoding the heterotrimer laminin

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

    African Journals Online (AJOL)

    The faculty of law of the Potchefstroom University for Christian Higher Education in corroboration with the Konrad-Adenauer-Stifttung embarked on a study on Politics, Socio-Economic Issues and Culture in Constitutional Adjudication. The aim of the project is twofold. The first aim is to analyse the influence of political, ...

  12. Constitution 200: A Bicentennial Collection of Essays.

    Science.gov (United States)

    Hepburn, Mary A., Ed.; And Others

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

  13. An anisotropic elastoplastic constitutive formulation generalised for orthotropic materials

    Science.gov (United States)

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

    2018-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Marc Carrillo

    2018-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Junghee Yoo

    2012-01-01

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

  16. The Implications of the European Integration Process of Kosovo's Constitutional Order

    Directory of Open Access Journals (Sweden)

    Flamur Hyseni

    2017-08-01

    Full Text Available In this article I have analyzed and studied on what are the implications of the European integration process of Kosovo’s constitutional order and how much of institutional order Kosovo has, also how much of the effects of the European integration process has used. I’ve made a brief analysis of the establishment of the constitutional order of Kosovo in the former federal state of Yugoslavia and establishment of Kosovo under international administration. However an analyze and more detailed study I’ve made on the first report of contracting between Kosovo and EU, Stabilization and Association Agreement which will be implemented in Kosovo through the National Program for the Implementation of the Stabilization and Association Agreement that was approved by the Government on 16 December 2015 and by the Assembly on 10 March 2016. The other aspect of the study and analysis in this article is the study of acts to protect the territorial integrity of Kosovo, which are: 12244/99 resolution of the UN Security Council, Constitutional Framework for Provisional Self- Government in Kosovo, 16 May 2001, Declaration of Independence, 17 February 2008 and the Constitution of the Republic of Kosovo, 09 April 2008.

  17. Constitutive overexpression of cytochrome P450 associated with imidacloprid resistance in Laodelphax striatellus (Fallén).

    Science.gov (United States)

    Elzaki, Mohammed Esmail Abdalla; Zhang, Wanfang; Feng, Ai; Qiou, Xiaoyan; Zhao, Wanxue; Han, Zhaojun

    2016-05-01

    Imidacloprid is a principal insecticide for controlling rice planthoppers worldwide. Resistance to imidacloprid has been reported in a field population of Laodelphax striatellus. The present work was conducted to study the molecular mechanisms of imidacloprid resistance. An imidacloprid-resistant strain was produced by selecting a field population with imidacloprid for 24 generations. Piperonyl butoxide (PBO) showed a 1.70-fold synergistic effect. Enzyme activity assays were conducted, and cytochrome P450 monooxygenase showed 1.88-fold activity. The mRNA expression levels of 57 P450 genes were compared. Four CYP genes were found to be overexpressed and significantly different to the susceptible strain. Four strains were selected with imidacloprid for a short period, and the expression levels of ten identified detoxification genes were then compared. Only CYP353D1v2 overexpressed and was significantly different to the susceptible strain. Strong correlation was found between CYP353D1v2 expression levels and imidacloprid treatments. Additionally, gene-silencing RNAi via dsRNA feeding showed that depressing the expression of CYP353D1v2 could significantly enhance the sensitivity of L. striatellus to imidacloprid. Constitutive overexpression of four CYP genes was associated with imidacloprid resistance in long-term selection, and expression of CYP353D1v2 with imidacloprid resistance in short-term selection in L. striatellus. © 2015 Society of Chemical Industry.

  18. The Legal Investigation Peculiarities in RF Constitutional Court

    Directory of Open Access Journals (Sweden)

    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.

  19. Consumer Rights as Constitutional Rights - A Comparative Analysis

    African Journals Online (AJOL)

    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.

  20. 25 CFR 26.32 - What constitutes a complete Job Training Program application?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false What constitutes a complete Job Training Program... JOB PLACEMENT AND TRAINING PROGRAM Training Services § 26.32 What constitutes a complete Job Training Program application? A request for training includes: (a) Intake and application data; (b) Feasible...

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

    African Journals Online (AJOL)

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

  2. What Constitutes Fair Compensation for Unfair Dismissal

    African Journals Online (AJOL)

    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.

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

    Science.gov (United States)

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

    2014-01-15

    Human skin properties have been used as an important diagnostic component in traditional medicine as they change with health conditions. Sasang constitutional medicine (SCM) puts emphasis on the recognition of the constitution-specific skin features prior to the diagnostic decision of health. In this work, in search of skin-characteristics effectively reflecting SCM features, we compared several skin properties such as perspiration, visco-elasticity, elasticity, and elasticity hysteresis, in several candidate body parts. We conducted a clinical study in which a total of 111 healthy females aged 50 - 70 years participated with their Sasang constitution (SC) types determined objectively by the Sasang constitutional analytic tool. Perspiration on the skin surface was estimated by using a capacitance sensor to measure the amount of moisture on the palm, forehead, and philtrum before and after a heating stimulus. We acquired the visco-elasticity, elasticity, and elasticity hysteresis at the forearm by Dermalab's elasticity sensing device. An analysis of covariance (ANCOVA) was conducted to evaluate the effect of SC on the nine skin features acquired. The visco-elasticity of the forearm of the Soeum-in (SE) group was significantly lower than that of the Taeeum-in (TE) group (F = 68.867, p elasticity hysteresis of the SE group was higher than that of the TE group (F = 10.364, p elasticity, elasticity hysteresis, perspiration on the forehead and philtrum. Our findings are based on a novel interpretation of the SCM literature and will contribute to developing the constitutional health status evaluation system in SCM.

  4. Morphine withdrawal enhances constitutive μ-opioid receptor activity in the ventral tegmental area.

    Science.gov (United States)

    Meye, Frank J; van Zessen, Ruud; Smidt, Marten P; Adan, Roger A H; Ramakers, Geert M J

    2012-11-14

    μ-Opioid receptors (MORs) in the ventral tegmental area (VTA) are pivotally involved in addictive behavior. While MORs are typically activated by opioids, they can also become constitutively active in the absence of any agonist. In the current study, we present evidence that MOR constitutive activity is highly relevant in the mouse VTA, as it regulates GABAergic input to dopamine neurons. Specifically, suppression of MOR constitutive activity with the inverse agonist KC-2-009 enhanced GABAergic neurotransmission onto VTA dopamine neurons. This inverse agonistic effect was fully blocked by the specific MOR neutral antagonist CTOP, which had no effect on GABAergic transmission itself. We next show that withdrawal from chronic morphine further increases the magnitude of inverse agonistic effects at the MOR, suggesting enhanced MOR constitutive activity. We demonstrate that this increase can be an adaptive response to the detrimental elevation in cAMP levels known to occur during morphine withdrawal. These findings offer important insights in the physiological occurrence and function of MOR constitutive activity, and have important implications for therapeutic strategies aimed at normalizing MOR signaling during addiction and opioid overdose.

  5. Homogenized global nonlinear constitutive model for RC panels under cyclic loadings

    International Nuclear Information System (INIS)

    Huguet, Miquel; Voldoire, Francois; Kotronis, Panagiotis; Erlicher, Silvano

    2014-01-01

    A new nonlinear stress resultant global constitutive model for RC panels is presented. Concrete damage, concrete stress transfer at cracks and bond-slip stress are the main nonlinear effects identified at the local scale that constitute the basis for the construction of the stress resultant global model through an analytical homogenization technique. The closed form solution is obtained using general functions for the previous phenomena. (authors)

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

    Directory of Open Access Journals (Sweden)

    Paolo Ferrua

    2017-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Shu-Nan Li

    2017-12-01

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

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

    African Journals Online (AJOL)

    2015-05-29

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

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

    African Journals Online (AJOL)

    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.

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

    OpenAIRE

    Slavnić, Ljiljana

    2013-01-01

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

  11. Preliminary Validation of Composite Material Constitutive Characterization

    Science.gov (United States)

    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...

  12. The parameters of constitutional conflict after Melloni

    NARCIS (Netherlands)

    Besselink, L.F.M.

    2014-01-01

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

  13. The Air Force Officer and the Constitution

    Science.gov (United States)

    2010-02-17

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

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

    Science.gov (United States)

    Starr, Isidore

    1987-01-01

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

  15. Scaling and constitutive relationships in downcomer modeling

    International Nuclear Information System (INIS)

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

    1978-12-01

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

  16. Nuclear energy as reflected in Constitutional Law

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    1981-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Zarina Kamilevna Kondratenko

    2015-09-01

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

  18. Quantum interaction. Revised selected papers

    International Nuclear Information System (INIS)

    Song, Dawei; Zhang, Peng; Wang, Lei; Arafat, Sachi

    2011-01-01

    This book constitutes the thoroughly refereed post-conference proceedings of the 5th International Symposium on Quantum Interaction, QI 2011, held in Aberdeen, UK, in June 2011. The 26 revised full papers and 6 revised poster papers, presented together with 1 tutorial and 1 invited talk were carefully reviewed and selected from numerous submissions during two rounds of reviewing and improvement. The papers show the cross-disciplinary nature of quantum interaction covering topics such as computation, cognition, mechanics, social interaction, semantic space and information representation and retrieval. (orig.)

  19. Quantum interaction. Revised selected papers

    Energy Technology Data Exchange (ETDEWEB)

    Song, Dawei; Zhang, Peng; Wang, Lei [Aberdeen Univ. (United Kingdom). School of Computing; Melucci, Massimo [Padua Univ., Padova (Italy). Dept. of Information Engineering; Frommholz, Ingo [Bedfordshire Univ. (United Kingdom); Arafat, Sachi (eds.) [Glasgow Univ. (United Kingdom). School of Computing Science

    2011-07-01

    This book constitutes the thoroughly refereed post-conference proceedings of the 5th International Symposium on Quantum Interaction, QI 2011, held in Aberdeen, UK, in June 2011. The 26 revised full papers and 6 revised poster papers, presented together with 1 tutorial and 1 invited talk were carefully reviewed and selected from numerous submissions during two rounds of reviewing and improvement. The papers show the cross-disciplinary nature of quantum interaction covering topics such as computation, cognition, mechanics, social interaction, semantic space and information representation and retrieval. (orig.)

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

    International Nuclear Information System (INIS)

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

    1998-01-01

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