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Sample records for macroscopic constitutive laws

  1. 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

  2. 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 ...

  3. 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.

  4. 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.

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

    CERN Document Server

    François, Dominique; Zaoui, André

    2012-01-01

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

  6. 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...

  7. Modification of the Charlesby law. Pt. 2. Macroscopic sensitivity

    International Nuclear Information System (INIS)

    Schiltz, A.; Weil, A.; Paniez, P.

    1984-01-01

    In part II, results are presented showing that for doses below macroscopic sensitivity, Qsub(sm), degradation due to fluence of the particles seems to be non-uniform over the entire area. In the light of this, a modification of the Charlesby's law is proposed providing a solution to the problems considered in part I [fr

  8. 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.

  9. 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.

  10. 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...

  11. 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

  12. 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.

  13. 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.

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

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    Adam S Chilton

    2016-03-01

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

  15. HOW STAR WARS ILLUMINATES CONSTITUTIONAL LAW

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    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.

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

    Science.gov (United States)

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

    2018-01-01

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

  17. Grasping the Second Law of Thermodynamics at University: The Consistency of Macroscopic and Microscopic Explanations

    Science.gov (United States)

    Leinonen, Risto; Asikainen, Mervi A.; Hirvonen, Pekka E.

    2015-01-01

    This study concentrates on evaluating the consistency of upper-division students' use of the second law of thermodynamics at macroscopic and microscopic levels. Data were collected by means of a paper and pencil test (N = 48) focusing on the macroscopic and microscopic features of the second law concerned with heat transfer processes. The data…

  18. Human Rights in Armed Conflicts and Constitutional Law

    OpenAIRE

    Antonios Maniatis

    2017-01-01

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

  19. 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

  20. 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

  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. 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. 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...

  4. A uniaxial cyclic elastoplastic constitutive law with a discrete memory variable

    International Nuclear Information System (INIS)

    Taheri, S.

    1991-01-01

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

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

    OpenAIRE

    Saleh, M

    2013-01-01

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

  6. 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.

  7. 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.

  8. 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.)

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

    OpenAIRE

    Rautenbach, Christa

    1999-01-01

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

  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. 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

  12. 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

  13. 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

  14. 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...

  15. 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

  16. 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

  17. Grasping the second law of thermodynamics at university: The consistency of macroscopic and microscopic explanations

    Directory of Open Access Journals (Sweden)

    Risto Leinonen

    2015-09-01

    Full Text Available [This paper is part of the Focused Collection on Upper Division Physics Courses.] This study concentrates on evaluating the consistency of upper-division students’ use of the second law of thermodynamics at macroscopic and microscopic levels. Data were collected by means of a paper and pencil test (N=48 focusing on the macroscopic and microscopic features of the second law concerned with heat transfer processes. The data analysis was based on a qualitative content analysis where students’ responses to the macroscopic- and microscopic-level items were categorized to provide insight into the consistency of the students’ ideas; if students relied on the same idea at both levels, they ended up in the same category at both levels, and their use of the second law was consistent. The most essential finding is that a majority of students, 52%–69% depending on the physical system under evaluation, used the second law of thermodynamics consistently at macroscopic and microscopic levels; approximately 40% of the students used it correctly in terms of physics while others relied on erroneous ideas, such as the idea of conserving entropy. The most common inconsistency harbored by 10%–15% of the students (depending on the physical system under evaluation was students’ tendency to consider the number of accessible microstates to remain constant even if the entropy was stated to increase in a similar process; other inconsistencies were only seen in the answers of a few students. In order to address the observed inconsistencies, we would suggest that lecturers should utilize tasks that challenge students to evaluate phenomena at macroscopic and microscopic levels concurrently and tasks that would guide students in their search for contradictions in their thinking.

  18. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective

    Directory of Open Access Journals (Sweden)

    Bambang Sutrisno

    2016-06-01

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

  19. Theoretical and experimental investigations of a thermoplastic constitutive law

    Science.gov (United States)

    Zdebel, U.

    1984-12-01

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

  20. 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

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

    International Nuclear Information System (INIS)

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

    1995-01-01

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

  2. Micromechanics of Composite Materials Governed by Vector Constitutive Laws

    Science.gov (United States)

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

    2017-01-01

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

  3. A macroscopic constitutive model of temperature-induced phase transition of polycrystalline Ni2MnGa by directional solidification

    International Nuclear Information System (INIS)

    Zhu, Yuping; Gu, Yunling; Liu, Hongguang

    2015-01-01

    Directional solidification technology has been widely used to improve the properties of polycrystalline Ni 2 MnGa materials. Mechanical training can adjust the internal organizational structures of the materials, reduce the stress of twin boundaries motion, and then result in larger strain at lower outfield levels. In this paper, we test the microscopic structure of Ni 2 MnGa polycrystalline ferromagnetic shape memory alloy produced by directional solidification and compress it along two axes successively for mechanical training. The influences of pre-compressive stresses on the temperature-induced strains are analyzed. The macroscopic mechanical behaviors show anisotropy. According to the generating mechanism of the macroscopic strain, a three-dimensional constitutive model is established. Based on thermodynamic method, the kinetic equations of the martensitic transformation and inverse transformation are presented considering the driving force and energy dissipation. The prediction curves of temperature-induce strains along two different directions are investigated. And the results coincide well with the experiment data. It well explains the macroscopic anisotropy mechanical behaviors and fits for using in engineering

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

    International Nuclear Information System (INIS)

    Ekardt, Felix; Rostock Univ.

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Silvija Petrić

    2009-01-01

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

  6. Large Deformation Constitutive Laws for Isotropic Thermoelastic Materials

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-07-25

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

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

    Science.gov (United States)

    de Londras, Fiona

    2016-12-27

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

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

    African Journals Online (AJOL)

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2016-08-15

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

  10. Active learning of constitutive relation from mesoscopic dynamics for macroscopic modeling of non-Newtonian flows

    Science.gov (United States)

    Zhao, Lifei; Li, Zhen; Caswell, Bruce; Ouyang, Jie; Karniadakis, George Em

    2018-06-01

    We simulate complex fluids by means of an on-the-fly coupling of the bulk rheology to the underlying microstructure dynamics. In particular, a continuum model of polymeric fluids is constructed without a pre-specified constitutive relation, but instead it is actively learned from mesoscopic simulations where the dynamics of polymer chains is explicitly computed. To couple the bulk rheology of polymeric fluids and the microscale dynamics of polymer chains, the continuum approach (based on the finite volume method) provides the transient flow field as inputs for the (mesoscopic) dissipative particle dynamics (DPD), and in turn DPD returns an effective constitutive relation to close the continuum equations. In this multiscale modeling procedure, we employ an active learning strategy based on Gaussian process regression (GPR) to minimize the number of expensive DPD simulations, where adaptively selected DPD simulations are performed only as necessary. Numerical experiments are carried out for flow past a circular cylinder of a non-Newtonian fluid, modeled at the mesoscopic level by bead-spring chains. The results show that only five DPD simulations are required to achieve an effective closure of the continuum equations at Reynolds number Re = 10. Furthermore, when Re is increased to 100, only one additional DPD simulation is required for constructing an extended GPR-informed model closure. Compared to traditional message-passing multiscale approaches, applying an active learning scheme to multiscale modeling of non-Newtonian fluids can significantly increase the computational efficiency. Although the method demonstrated here obtains only a local viscosity from the polymer dynamics, it can be extended to other multiscale models of complex fluids whose macro-rheology is unknown.

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

    Directory of Open Access Journals (Sweden)

    Scarcello Orlando

    2017-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Zia Akhtar

    2011-05-01

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

  13. Constitutive law for thermally-activated plasticity of recrystallized tungsten

    Science.gov (United States)

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

    2017-12-01

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

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

    African Journals Online (AJOL)

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

  15. Macroscopic law of conservation revealed in the population dynamics of Toll-like receptor signaling

    Directory of Open Access Journals (Sweden)

    Selvarajoo Kumar

    2011-04-01

    Full Text Available Abstract Stimulating the receptors of a single cell generates stochastic intracellular signaling. The fluctuating response has been attributed to the low abundance of signaling molecules and the spatio-temporal effects of diffusion and crowding. At population level, however, cells are able to execute well-defined deterministic biological processes such as growth, division, differentiation and immune response. These data reflect biology as a system possessing microscopic and macroscopic dynamics. This commentary discusses the average population response of the Toll-like receptor (TLR 3 and 4 signaling. Without requiring detailed experimental data, linear response equations together with the fundamental law of information conservation have been used to decipher novel network features such as unknown intermediates, processes and cross-talk mechanisms. For single cell response, however, such simplicity seems far from reality. Thus, as observed in any other complex systems, biology can be considered to possess order and disorder, inheriting a mixture of predictable population level and unpredictable single cell outcomes.

  16. 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.

  17. 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...

  18. 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...

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

    International Nuclear Information System (INIS)

    Denninger, E.

    2000-01-01

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

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

    International Nuclear Information System (INIS)

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

    2010-01-01

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

  1. 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)

  2. 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

  3. 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).

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

    Science.gov (United States)

    Ministerio de Informacion y Turismo, Madrid (Spain).

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

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

    African Journals Online (AJOL)

    cmps073

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

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

    African Journals Online (AJOL)

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

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

    Directory of Open Access Journals (Sweden)

    Mohamad Mova Al'Afghani

    2006-06-01

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

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

    OpenAIRE

    Yoo, John C.

    2000-01-01

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

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

    OpenAIRE

    Brousseau, Eric; Schemeil, Yves; Sgard, Jérôme

    2010-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

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

  11. 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.

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

    Science.gov (United States)

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

    2016-01-01

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

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

    NARCIS (Netherlands)

    Thorp, Teresa

    2012-01-01

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

  15. 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.

  16. 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...

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

    Science.gov (United States)

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

    1995-09-01

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

  18. 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.

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

    Science.gov (United States)

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

    2001-01-01

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

  20. A macroscopic constitutive model of temperature-induced phase transition of polycrystalline Ni{sub 2}MnGa by directional solidification

    Energy Technology Data Exchange (ETDEWEB)

    Zhu, Yuping, E-mail: zhuyuping@126.com; Gu, Yunling; Liu, Hongguang

    2015-02-25

    Directional solidification technology has been widely used to improve the properties of polycrystalline Ni{sub 2}MnGa materials. Mechanical training can adjust the internal organizational structures of the materials, reduce the stress of twin boundaries motion, and then result in larger strain at lower outfield levels. In this paper, we test the microscopic structure of Ni{sub 2}MnGa polycrystalline ferromagnetic shape memory alloy produced by directional solidification and compress it along two axes successively for mechanical training. The influences of pre-compressive stresses on the temperature-induced strains are analyzed. The macroscopic mechanical behaviors show anisotropy. According to the generating mechanism of the macroscopic strain, a three-dimensional constitutive model is established. Based on thermodynamic method, the kinetic equations of the martensitic transformation and inverse transformation are presented considering the driving force and energy dissipation. The prediction curves of temperature-induce strains along two different directions are investigated. And the results coincide well with the experiment data. It well explains the macroscopic anisotropy mechanical behaviors and fits for using in engineering.

  1. Quantum laws of the microworld and the wealth of macroscopic structures

    International Nuclear Information System (INIS)

    Noga, M.

    2000-01-01

    The reasons are highlighted why classical physics was unable to explain the formation of any collective self-organized arrangement such as magnetism and how the wealth of macroscopic self-organized structures emerges spontaneously from quantum theory applied to the given physical system. This is demonstrated on the simplest multi-electron system, viz. the model of a metal as electron gas with Coulomb interaction with a background of homogeneously distributed positive charge possessing a constant density so as to ensure charge neutrality of the system

  2. 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.

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

    International Nuclear Information System (INIS)

    Eibl, J.; Ockert, J.

    1994-01-01

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

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

    Science.gov (United States)

    Adams, Roy M.

    1976-01-01

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

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

    DEFF Research Database (Denmark)

    Veluri, Badrinath; Jensen, Henrik Myhre

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Teresa Thorp

    2012-11-01

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

  7. Numerical model for verification of constitutive laws of blood vessel wall

    Czech Academy of Sciences Publication Activity Database

    Macková, H.; Chlup, Hynek; Žitný, R.

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

  8. 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.

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

    Directory of Open Access Journals (Sweden)

    Datu Bua Napoh

    2015-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Andrei N. Medushevsky

    2012-07-01

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

  11. 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.

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

    Directory of Open Access Journals (Sweden)

    Ernst Jacobus Marais

    2016-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Rachael L. Johnstone

    2012-03-01

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

  14. 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.

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

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    1991-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

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

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

    International Nuclear Information System (INIS)

    Badura, P.

    1991-01-01

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

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

    OpenAIRE

    PETERSMANN, Ernst-Ulrich

    2010-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Charles A. Hale

    1998-07-01

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

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

    Science.gov (United States)

    Super, David A

    2014-04-01

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

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

    Science.gov (United States)

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

    2016-07-01

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

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

    International Nuclear Information System (INIS)

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

    1992-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Enrique Álvarez Conde

    2013-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Luciane Klein Vieira

    2016-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Bojanić Petar

    2006-01-01

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

  6. ERG review of salt constitutive law, salt stress determinations, and salt corrosion and modeling studies

    International Nuclear Information System (INIS)

    Balon, J.E.

    1986-03-01

    The Engineering Review Group (ERG) was established by the Office of Nuclear Waste Isolation (ONWI) to help evaluate engineering-related issues in the US Department of Energy's nuclear waste repository program. The August 1983 meeting of the ERG reviewed a RE/SPEC technical report containing a review of eight constitutive laws that have been proposed to model the creep of salt over the ranges of stress and temperature anticipated in a nuclear repository. This report documents the ERG's comments and recommendations on this subject and the ONWI responses to the specific points raised by the ERG

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

    Directory of Open Access Journals (Sweden)

    Olivier Pantalé

    2013-01-01

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

  8. A medium-independent variational macroscopic theory of two-phase porous media – Part I: Derivation of governing equations and stress partitioning laws

    OpenAIRE

    Serpieri , Roberto; Travascio , Francesco

    2016-01-01

    A macroscopic continuum theory of two-phase saturated porous media is derived by a purely variational deduction based on the least Action principle. The proposed theory proceeds from the consideration of a minimal set of kinematic descriptors and keeps a specific focus on the derivation of most general medium-independent governing equations, which have a form independent from the particular constitutive relations and thermodynamic constraints characterizing a specific medium. The kinematics o...

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

    Directory of Open Access Journals (Sweden)

    Vinesh Basdeo

    2014-08-01

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

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

    Science.gov (United States)

    Penasa, Simone

    2006-01-01

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

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

    Science.gov (United States)

    Harvard Civil Rights Project, Cambridge, MA.

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

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

    Science.gov (United States)

    Aharonov, Einat; Scholz, Christopher H.

    2018-02-01

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

  13. Marriage with an Adopted Child from the Iranian Constitutional Law Perspective

    Directory of Open Access Journals (Sweden)

    ماهرو غدیری

    2017-09-01

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

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

    OpenAIRE

    Gina Marietta OLCESE SCHENONE

    2015-01-01

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

  15. 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.

  16. Microstructure and macroscopic properties of polydisperse systems of hard spheres

    NARCIS (Netherlands)

    Ogarko, V.

    2014-01-01

    This dissertation describes an investigation of systems of polydisperse smooth hard spheres. This includes the development of a fast contact detection algorithm for computer modelling, the development of macroscopic constitutive laws that are based on microscopic features such as the moments of the

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

    Directory of Open Access Journals (Sweden)

    F. Beyer

    2015-12-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2014-08-15

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

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

    Directory of Open Access Journals (Sweden)

    Ed Couzens

    2015-11-01

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

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

    International Nuclear Information System (INIS)

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

    1986-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Dawid Bunikowski

    2010-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Orlović Slobodan P.

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Gina Marietta OLCESE SCHENONE

    2015-07-01

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

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

    International Nuclear Information System (INIS)

    Schloemer, Jan

    2013-01-01

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

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

    Science.gov (United States)

    Suter, Coral; Croddy, Marshall

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

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

    Science.gov (United States)

    Heimisson, E. R.; Segall, P.

    2017-12-01

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

  7. 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...

  8. 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

  9. 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.

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

    OpenAIRE

    Napoh, Datu Bua

    2015-01-01

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

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

    International Nuclear Information System (INIS)

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

    1993-01-01

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

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

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

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

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

    International Nuclear Information System (INIS)

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

    1992-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Igor Alves Noberto Soares

    2016-12-01

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

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

    OpenAIRE

    ORGAN, İbrahim; GÖLÇEK, Ali Gökhan

    2017-01-01

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

  16. 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.

  17. 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

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

    Science.gov (United States)

    Demirci, Nagehan; Tönük, Ergin

    2014-01-01

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

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

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

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

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

    African Journals Online (AJOL)

    Fr. Ikenga

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

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

    International Nuclear Information System (INIS)

    Mutschler, Ulrich

    1981-10-01

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

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

    NARCIS (Netherlands)

    Schill, S.W.

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

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

    International Nuclear Information System (INIS)

    Wuerkner, J.

    1992-01-01

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

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

    International Nuclear Information System (INIS)

    Hiroe, Tetsuyuki; Igari, Toshihide; Nakajima, Keiichi

    1986-01-01

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

  5. Introduction of polycrystal constitutive laws in a finite element code with applications to zirconium forming

    International Nuclear Information System (INIS)

    Maudlin, P.J.; Tome, C.N.; Kaschner, G.C.; Gray, G.T. III

    1998-01-01

    In this work the authors simulate the compressive deformation of heavily textured zirconium sheet using a finite element code with the constitutive response given by a polycrystal self-consistent model. They show that the strong anisotropy of the response can be explained in terms of the texture and the relative activity of prismatic (easy) and pyramidal (hard) slip modes. The simulations capture the yield anisotropy observed for so-called through-thickness and in-plane compression tests in terMs of the loading curves and final specimen geometries

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

    Directory of Open Access Journals (Sweden)

    Elsa Toska Dobjani

    2016-01-01

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

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

    Science.gov (United States)

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

    2016-10-01

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

  8. Use of a hyperelastic constitutive law for dry woven forming simulations

    International Nuclear Information System (INIS)

    Vidal-Salle, Emmanuelle; Boisse, Philippe; Aimene, Yamina

    2011-01-01

    The increasing use of composite materials in industry implies an increasing use of automatic processes between which LCM processes take a large place. The improvement of such processes needs an extensive use of numerical simulations for all the stages of the process. In particular, it is necessary to know how the dry reinforcement is shaped. This paper presents a hyperelastic constitutive model for textile composite reinforcement at large strain based on an additive potential representative to tension and in-plane shearing. The proposed potential is a function of the right Cauchy Green and structural tensor invariants whose choice corresponds to textile composite reinforcement mechanical behaviour. The model is implemented in a user subroutine of ABAQUS/Explicit. The accuracy of the model has been checked and some simulations are performed on deep drawing with hemispheric punch. A good agreement is obtained with experimental forming experiments.

  9. Stochastic hyperelastic constitutive laws and identification procedure for soft biological tissues with intrinsic variability.

    Science.gov (United States)

    Staber, B; Guilleminot, J

    2017-01-01

    In this work, we address the constitutive modeling, in a probabilistic framework, of the hyperelastic response of soft biological tissues. The aim is on the one hand to mimic the mean behavior and variability that are typically encountered in the experimental characterization of such materials, and on the other hand to derive mathematical models that are almost surely consistent with the theory of nonlinear elasticity. Towards this goal, we invoke information theory and discuss a stochastic model relying on a low-dimensional parametrization. We subsequently propose a two-step methodology allowing for the calibration of the model using standard data, such as mean and standard deviation values along a given loading path. The framework is finally applied and benchmarked on three experimental databases proposed elsewhere in the literature. It is shown that the stochastic model allows experiments to be accurately reproduced, regardless of the tissue under consideration. Copyright © 2016 Elsevier Ltd. All rights reserved.

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

    Science.gov (United States)

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

    2018-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Mashele Rapatsa

    2015-12-01

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

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

    Science.gov (United States)

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

    2015-10-01

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

  13. To What Extent International Law Constitutes an Appropriate Answer to Nuclear Accidents?

    International Nuclear Information System (INIS)

    Durand-Poudret, E.

    2015-01-01

    Regulating high risks activities has always been an ambitious task as the regime shall both prevent and compensate the potential damage of such activities. It becomes even more complex with nuclear energy as radioactivity possesses this transboundary character which implies an international cooperation. The need for an appropriate framework for nuclear energy started to raise in the 60s, when States realise that the classic liability system was not relevant for that kind of activity. The Paris and Vienna conventions were subsequently adopted in order to fill this legal gap. Nonetheless, the real turning point remains the Chernobyl accident which resulted in a considerable number of new international instruments as 5 conventions were adopted in the fields of safety and emergency preparedness within a 11 years period: the Convention on Early Notification of a Nuclear Accident, the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, the Convention on Nuclear Safety, the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management and the Convention on Supplementary Compensation for Nuclear Damage. This catastrophe was also the occasion to identify and mitigate the shortcomings of the existing regime in undertaking a revision process through several supplementary protocols, the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention, the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage. 25 years after Chernobyl, another tragic nuclear event occurred in Fukushima. Once again it challenged the efficiency of the existing international regime and raises the question as to whether international law represents a relevant solution to such accident. (author)

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

    Science.gov (United States)

    Pettermann, Heinz E.; DeSimone, Antonio

    2017-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Marián Sekerák

    2017-01-01

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

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

    OpenAIRE

    Apostolache, Mihai

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Andrey V. Bezrukov

    2018-01-01

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

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

    International Nuclear Information System (INIS)

    Degenhart, Christoph

    2013-01-01

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

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

    International Nuclear Information System (INIS)

    Boure, Jean.

    1978-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Sérgio Henriques Zandona Freitas

    2015-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Cícero Júnior Siqueira dos Santos

    2016-04-01

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

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

    International Nuclear Information System (INIS)

    Boure, J.A.

    1981-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Mariana Urano de Carvalho Caldas

    2016-12-01

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

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

    Directory of Open Access Journals (Sweden)

    L du Plessis

    2009-12-01

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

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

    Science.gov (United States)

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

    2018-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2013-10-01

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

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

    OpenAIRE

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

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    E de Wet

    2007-11-01

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

  9. A strict experimental test of macroscopic realism in a superconducting flux qubit.

    Science.gov (United States)

    Knee, George C; Kakuyanagi, Kosuke; Yeh, Mao-Chuang; Matsuzaki, Yuichiro; Toida, Hiraku; Yamaguchi, Hiroshi; Saito, Shiro; Leggett, Anthony J; Munro, William J

    2016-11-04

    Macroscopic realism is the name for a class of modifications to quantum theory that allow macroscopic objects to be described in a measurement-independent manner, while largely preserving a fully quantum mechanical description of the microscopic world. Objective collapse theories are examples which aim to solve the quantum measurement problem through modified dynamical laws. Whether such theories describe nature, however, is not known. Here we describe and implement an experimental protocol capable of constraining theories of this class, that is more noise tolerant and conceptually transparent than the original Leggett-Garg test. We implement the protocol in a superconducting flux qubit, and rule out (by ∼84 s.d.) those theories which would deny coherent superpositions of 170 nA currents over a ∼10 ns timescale. Further, we address the 'clumsiness loophole' by determining classical disturbance with control experiments. Our results constitute strong evidence for the superposition of states of nontrivial macroscopic distinctness.

  10. Constitutional Law--State Action--Golden v. Biscayne Bay Yacht Club: Preventing Discrimination by Private Clubs

    Science.gov (United States)

    Patrick, Michael W.

    1976-01-01

    Although the Supreme Court has refrained from answering whether the membership policies of private clubs can be attacked on state action grounds, the Fifth Circuit Court of Appeals held in the affirmative in Golden v. Biscayne Bay Yacht Club. It ruled that leasing publicly owned bay bottom land to a yacht club constituted sufficient state…

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

    Directory of Open Access Journals (Sweden)

    Davi Monteiro Diniz

    2015-12-01

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

  12. Rank distributions: A panoramic macroscopic outlook

    Science.gov (United States)

    Eliazar, Iddo I.; Cohen, Morrel H.

    2014-01-01

    This paper presents a panoramic macroscopic outlook of rank distributions. We establish a general framework for the analysis of rank distributions, which classifies them into five macroscopic "socioeconomic" states: monarchy, oligarchy-feudalism, criticality, socialism-capitalism, and communism. Oligarchy-feudalism is shown to be characterized by discrete macroscopic rank distributions, and socialism-capitalism is shown to be characterized by continuous macroscopic size distributions. Criticality is a transition state between oligarchy-feudalism and socialism-capitalism, which can manifest allometric scaling with multifractal spectra. Monarchy and communism are extreme forms of oligarchy-feudalism and socialism-capitalism, respectively, in which the intrinsic randomness vanishes. The general framework is applied to three different models of rank distributions—top-down, bottom-up, and global—and unveils each model's macroscopic universality and versatility. The global model yields a macroscopic classification of the generalized Zipf law, an omnipresent form of rank distributions observed across the sciences. An amalgamation of the three models establishes a universal rank-distribution explanation for the macroscopic emergence of a prevalent class of continuous size distributions, ones governed by unimodal densities with both Pareto and inverse-Pareto power-law tails.

  13. Should virtual cybercrime be regulated by means of criminal law? A philosophical, legal-economic, pragmatic and constitutional dimension

    NARCIS (Netherlands)

    Strikwerda, Litska

    2014-01-01

    This paper will be about the question of whether or not virtual cybercrime should be regulated by means of criminal law. By virtual cybercrime I mean activities such as the stealing of virtual property or the killing of an avatar (a player's virtual representation) within the virtual worlds of

  14. From mutual recognition to mutual scientific opinion? Constitutional framework for risk analysis in EU food safety law

    NARCIS (Netherlands)

    Szajkowska, A.

    2009-01-01

    Regulation 178/2002 (the so-called General Food Law – GFL) codifies risk analysis as the core principle of the modern food safety policy. This article places the GFL in EU multi-level food safety governance and analyses the impact of risk analysis, the precautionary principle and mechanisms of

  15. Application of viscoelastic, viscoplastic, and rate-and-state friction constitutive laws to the deformation of unconsolidated sands

    Science.gov (United States)

    Hagin, Paul N.

    Laboratory experiments on dry, unconsolidated sands from the Wilmington field, CA, reveal significant viscous creep strain under a variety of loading conditions. In hydrostatic compression tests between 10 and 50 MPa of pressure, the creep strain exceeds the magnitude of the instantaneous strain and follows a power law function of time. Interestingly, the viscous effects only appear when loading a sample beyond its preconsolidation pressure. Cyclic loading tests (at quasi-static frequencies of 10-6 to 10 -2 Hz) show that the bulk modulus increases by a factor of two with increasing frequency while attenuation remains constant. I attempt to fit these observations using three classes of models: linear viscoelastic, viscoplastic, and rate-and-state friction models. For the linear viscoelastic modeling, I investigated two types of models; spring-dashpot (exponential) and power law models. I find that a combined power law-Maxwell solid creep model adequately fits all of the data. Extrapolating the power law-Maxwell creep model out to 30 years (to simulate the lifetime of a reservoir) predicts that the static bulk modulus is 25% of the dynamic modulus, in good agreement with field observations. Laboratory studies also reveal that a large portion of the deformation is permanent, suggesting that an elastic-plastic model is appropriate. However, because the viscous component of deformation is significant, an elastic-viscoplastic model is necessary. An appropriate model for unconsolidated sands is developed by incorporating Perzyna (power law) viscoplasticity theory into the modified Cambridge clay cap model. Hydrostatic compression tests conducted as a function of volumetric strain rate produced values for the required model parameters. As a result, by using an end cap model combined with power law viscoplasticity theory, changes in porosity in both the elastic and viscoplastic regimes can be predicted as a function of both stress path and strain rate. To test whether rate

  16. Physically-based modeling of the cyclic macroscopic behaviour of metals

    International Nuclear Information System (INIS)

    Sauzay, M.; Evrard, P.; Steckmeyer, A.; Ferrie, E.

    2010-01-01

    Grain size seems to have only a minor influence on the cyclic strain strain curves (CSSCs) of metallic polycrystals of medium to high stacking fault energy (SFE). That is why many authors tried to deduce the macroscopic CSSCs curves from the single crystals ones. Either crystals oriented for single slip or crystals oriented for multiple slip could be considered. In addition, a scale transition law should be used (from the grain scale to the macroscopic scale). Authors generally used either the Sachs rule (homogeneous single slip) or the Taylor one (homogeneous plastic strain, multiple slip). But the predicted macroscopic CSSCs do not generally agree with the experimental data for metals and alloys, presenting various SFE values. In order to avoid the choice of a particular scale transition rule, many finite element (FE) computations have been carried out using meshes of polycrystals including more than one hundred grains without texture. This allows the study of the influence of the crystalline constitutive laws on the macroscopic CSSCs. Activation of a secondary slip system in grains oriented for single slip is either allowed or hindered (slip planarity), which affects strongly the macroscopic CSSCs. The more planar the slip, the higher the predicted macroscopic stress amplitudes. If grains oriented for single slip obey slip planarity and two crystalline CSSCs are used (one for single slip grains and one for multiple slip grains), then the predicted macroscopic CSSCs agree well with experimental data provided the SFE is not too low (316L, copper, nickel, aluminium). Finally, the incremental self-consistent Hill-Hutchinson homogenization model is used for predicting CSS curves and partially validated with respect to the curves computed by the FE method. (authors)

  17. The Constitutive Content of the Offense of not Complying with the Regime of Explosive Materials in the Romanian Criminal Law

    Directory of Open Access Journals (Sweden)

    Ion Rusu

    2014-08-01

    Full Text Available In the present work we examined the constitutive content of the offense of not complying with the regime of explosive materials, according to the new provisions of the new Criminal Code. The paper can be helpful both to theorists and those who carry their activity in preventing and combating crime of this kind. The innovations consist of the objective and subjective side examination of the crime, focusing on the changes in its legal content.

  18. Constitutional questions concerning the termination of nuclear energy utilization. The 13th law on the amendment of the atomic law in the frame of basic rights

    International Nuclear Information System (INIS)

    Wieland, Joachim

    2013-01-01

    The nuclear power phaseout in consequence of the nuclear disaster in Fukushima destroyed the expectation of high profits for the NPP owners based on the enacted lifetime extension. Neither professional freedom, nor the principle of property conservation, nor the rule of equality is violated by the termination of nuclear power utilization. The legislative authority was permitted to reverse the decision on the nuclear power utilization towards phaseout. The legislator could invoke its dynamic constitutional obligation for protection of life and physical integrity of the society. The legislator allows the operation of nuclear power plants only if according to the status of science and technology failures that could endanger life and health can practically be excluded. In consequence of the catastrophic accident in Fukushima hazards due to targeted airplane crashes could not be ruled out anymore.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2013-07-01

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

  20. IR. Theory Meets European Union Law. Constitutional Battles, Sovereign Choices & Institutional Contingencies in the Legacy of the European Integration Process

    DEFF Research Database (Denmark)

    Wind, Marlene

    From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts of their p......From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts...... of their power to a supranational institution. In order to make sense of this the book employs a constructivist framework. Empirically it focuses on the way in which the Community has transformed from a traditional international regime, based on classical international law, to a semi-federal polity where...

  1. Nonequilibrium work relation in a macroscopic system

    International Nuclear Information System (INIS)

    Sughiyama, Yuki; Ohzeki, Masayuki

    2013-01-01

    We reconsider a well-known relationship between the fluctuation theorem and the second law of thermodynamics by evaluating stochastic evolution of the density field (probability measure valued process). In order to establish a bridge between microscopic and macroscopic behaviors, we must take the thermodynamic limit of a stochastic dynamical system following the standard procedure in statistical mechanics. The thermodynamic path characterizing a dynamical behavior in the macroscopic scale can be formulated as an infimum of the action functional for the stochastic evolution of the density field. In our formulation, the second law of thermodynamics can be derived only by symmetry of the action functional without recourse to the Jarzynski equality. Our formulation leads to a nontrivial nonequilibrium work relation for metastable (quasi-stationary) states, which are peculiar in the macroscopic system. We propose a prescription for computing the free energy for metastable states based on the resultant work relation. (paper)

  2. The supranational integration and its affection to the law reserve of the member states of the Andean Community. An analysis from the normative hierarchy of its Constitutions

    Directory of Open Access Journals (Sweden)

    José Francisco CHALCO SALGADO

    2017-08-01

    Full Text Available The processes of supranational integration have developed a series of legal and political constructions. In them the determination of States are always in a permanent weakening of its constituent elements. The Andean Community is the process of integration of the Latin American countries: Ecuador, Colombia, Peru and Bolivia. In this process of supranational integration political power has new particularisms that must be analyzed and provided solutions so that these do not obstruct the processes of regional integration. Indeed, in supranational processes, the issue of constitutional guarantees regarding the democratic legitimacy of the incorporation of the State into a supranational community organization is under discussion; The rights, freedoms and guarantees of citizens as limits to the public power of integration; And infringement of the guarantee of reservation of law as soon as there is an introduction of Community legislation in the domestic legal order of the Member States of the supranational organization and at the same time the development of thematic by the supranational legislation whose regulation could be reserved exclusively to the legislator of the member country. Thus, this article raises the need to question and find solutions in terms of normative hierarchy and the introduction of derived legislation produced in the supranational community organization to the national legal order of a State as one of the constitutional problems of integration.

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

    International Nuclear Information System (INIS)

    Mutius, A. von.

    1984-01-01

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

  4. 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...

  5. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1991-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Wachovius, Martin

    2008-07-01

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

  7. Macroscopic theory of superconductors

    International Nuclear Information System (INIS)

    Carr, W.J. Jr.

    1981-01-01

    A macroscopic theory for bulk superconductors is developed in the framework of the theory for other magnetic materials, where ''magnetization'' current is separated from ''free'' current on the basis of scale. This contrasts with the usual separation into equilibrium and nonequilibrium currents. In the present approach magnetization, on a large macroscopic scale, results from the vortex current, while the Meissner current and other surface currents are surface contributions to the Maxwell j. The results are important for the development of thermodynamics in type-II superconductors. The advantage of the description developed here is that magnetization becomes a local concept and its associated magnetic field can be given physical meaning

  8. Macroscopic magnetic Self assembly

    NARCIS (Netherlands)

    Löthman, Per Arvid

    2018-01-01

    Exploring the macroscopic scale's similarities to the microscale is part and parcel of this thesis as reflected in the research question: what can we learn about the microscopic scale by studying the macroscale? Investigations of the environment in which the self-assembly takes place, and the

  9. 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...

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

    Energy Technology Data Exchange (ETDEWEB)

    Degenhart, Christoph

    2013-11-01

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

  11. Human Rights That Influence The Mentally Ill Patient In South African Medical Law: A Discussion of Sections 9; 27; 30 and 31 of the Constitution

    Directory of Open Access Journals (Sweden)

    M Swanepoel

    2011-12-01

    Full Text Available The personalised nature of mental illness obscures from general view the intolerable burden of private and public distress that people with serious mental illness carry. Invariably the mentally ill person encounters rejection and humiliation that are in some way tantamount to a "second illness." The combination either disrupts or puts beyond reach the usual personal and social life stages of marriage, family life, raising children, sexual relationships, the choice of treatment, affordable housing, transportation, education and gainful employment. As a result of their lack of financial and social support and their experience of rejection from society, persons with mental illness tend to neglect themselves and their diet, and frequently delay seeking treatment. Against this background, this contribution critically focuses on the human rights that influence the mentally ill patient in South African medical law. Specific attention is paid to the relevance and meaning of sections 9 (the equality clause, 27 (access to health care services, 30 and 31 (language, culture and religion of the Constitution of the Republic of South Africa, 1996.

  12. Law nº 13.344/2016 and the new techniques for the localization of human trafficking victims and suspects: effectiveness, legality and constitutional adequacy

    Directory of Open Access Journals (Sweden)

    Cleopas Isaías Santos

    2017-06-01

    Full Text Available The Law no. 13.344/2016 brought important repercussions to the Brazilian criminal investigation, among which the most significant one was the possibility of police authorities requesting from telephone companies the necessary technical means to locate victims and/or suspects of human trafficking. This localization is made through the identification of mobile devices, like cell phones. This article aims to answer the following issue: are the available and commonly used technical means effective in the localization of human trafficking victims and suspects? For this purpose, it is assumed that the technical means typically used in this process are not effective. In light of this, it is suggested the use of the GPS tool, which technically does not qualify as a "signal" and presumes the license of data network with financial costs. Therefore, it is analyzed who must bear said costs - the State, the companies or the consumers, as well as the legality and constitutionality of the use of this technique. The subject will be approached mostly through the deductive method.

  13. Macroscopic Optomechanically Induced Transparency

    Science.gov (United States)

    Pate, Jacob; Castelli, Alessandro; Martinez, Luis; Thompson, Johnathon; Chiao, Ray; Sharping, Jay

    Optomechanically induced transparency (OMIT) is an effect wherein the spectrum of a cavity resonance is modified through interference between coupled excitation pathways. In this work we investigate a macroscopic, 3D microwave, superconducting radio frequency (SRF) cavity incorporating a niobium-coated, silicon-nitride membrane as the flexible boundary. The boundary supports acoustic vibrational resonances, which lead to coupling with the microwave resonances of the SRF cavity. The theoretical development and physical understanding of OMIT for our macroscopic SRF cavity is the same as that for other recently-reported OMIT systems despite vastly different optomechanical coupling factors and device sizes. Our mechanical oscillator has a coupling factor of g0 = 2 π . 1 ×10-5 Hz and is roughly 38 mm in diameter. The Q = 5 ×107 for the SRF cavity allows probing of optomechanical effects in the resolved sideband regime.

  14. Using Non-linear Homogenization to Improve the Performance of Macroscopic Damage Models of Trabecular Bone.

    Science.gov (United States)

    Levrero-Florencio, Francesc; Pankaj, Pankaj

    2018-01-01

    Realistic macro-level finite element simulations of the mechanical behavior of trabecular bone, a cellular anisotropic material, require a suitable constitutive model; a model that incorporates the mechanical response of bone for complex loading scenarios and includes post-elastic phenomena, such as plasticity (permanent deformations) and damage (permanent stiffness reduction), which bone is likely to experience. Some such models have been developed by conducting homogenization-based multiscale finite element simulations on bone micro-structure. While homogenization has been fairly successful in the elastic regime and, to some extent, in modeling the macroscopic plastic response, it has remained a challenge with respect to modeling damage. This study uses a homogenization scheme to upscale the damage behavior from the tissue level (microscale) to the organ level (macroscale) and assesses the suitability of different damage constitutive laws. Ten cubic specimens were each subjected to 21 strain-controlled load cases for a small range of macroscopic post-elastic strains. Isotropic and anisotropic criteria were considered, density and fabric relationships were used in the formulation of the damage law, and a combined isotropic/anisotropic law with tension/compression asymmetry was formulated, based on the homogenized results, as a possible alternative to the currently used single scalar damage criterion. This computational study enhances the current knowledge on the macroscopic damage behavior of trabecular bone. By developing relationships of damage progression with bone's micro-architectural indices (density and fabric) the study also provides an aid for the creation of more precise macroscale continuum models, which are likely to improve clinical predictions.

  15. Superposition and macroscopic observation

    International Nuclear Information System (INIS)

    Cartwright, N.D.

    1976-01-01

    The principle of superposition has long plagued the quantum mechanics of macroscopic bodies. In at least one well-known situation - that of measurement - quantum mechanics predicts a superposition. It is customary to try to reconcile macroscopic reality and quantum mechanics by reducing the superposition to a mixture. To establish consistency with quantum mechanics, values for the apparatus after a measurement are to be distributed in the way predicted by the superposition. The distributions observed, however, are those of the mixture. The statistical predictions of quantum mechanics, it appears, are not borne out by observation in macroscopic situations. It has been shown that, insofar as specific ergodic hypotheses apply to the apparatus after the interaction, the superposition which evolves is experimentally indistinguishable from the corresponding mixture. In this paper an idealized model of the measuring situation is presented in which this consistency can be demonstrated. It includes a simplified version of the measurement solution proposed by Daneri, Loinger, and Prosperi (1962). The model should make clear the kind of statistical evidence required to carry of this approach, and the role of the ergodic hypotheses assumed. (Auth.)

  16. Special relativity - the foundation of macroscopic physics

    International Nuclear Information System (INIS)

    Dixon, W.G.

    1978-01-01

    This book aims to show that an understanding of the basic laws of macroscopic systems can be gained more easily within relativistic physics than within Newtonian physics. The unity of dynamics, thermodynamics and electromagnetism under the umbrella of special relativity is examined under chapter headings entitled: the physics of space and time, affine spaces in mathematics and physics, foundations of dynamics, relativistic simple fluids, and, electrodynamics of polarizable fluids. (U.K.)

  17. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

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

  18. 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.

  19. Nuclear physics: Macroscopic aspects

    International Nuclear Information System (INIS)

    Swiatecki, W.J.

    1993-12-01

    A systematic macroscopic, leptodermous approach to nuclear statics and dynamics is described, based formally on the assumptions ℎ → 0 and b/R << 1, where b is the surface diffuseness and R the nuclear radius. The resulting static model of shell-corrected nuclear binding energies and deformabilities is accurate to better than 1 part in a thousand and yields a firm determination of the principal properties of the nuclear fluid. As regards dynamics, the above approach suggests that nuclear shape evolutions will often be dominated by dissipation, but quantitative comparisons with experimental data are more difficult than in the case of statics. In its simplest liquid drop version the model exhibits interesting formal connections to the classic astronomical problem of rotating gravitating masses

  20. Gas Law: contradictions with the Constitution, investment incentives and taxes aspects; Lei do gas: contradicoes com a Constituicao, incentivos aos investimentos e aspectos tributarios

    Energy Technology Data Exchange (ETDEWEB)

    Perdiz, Lauro Daniel Beisl; Sousa, Eduardo F. de; Chaves, Cleuber Sobreira da Silva; Flor, Ricardo Antonio Maciel [Universidade Salvador, BA (Brazil). Curso de Mestrado em Regulacao da Industria de Energia

    2008-07-01

    Based on the high increase of the participation of natural gas into the sources of energy in Brazil, and considering, on the other hand, the essential role of this energy source to guarantee energy supply in the coming years, the discussions involving the proposed Law of Gas, which is under consideration by the National Congress, has gained a lot of importance. The natural gas market in Brazil doesn't have yet a specific law to solve the legal conflicts involving all those who participate on the this productive chain. The law that regulates this market is the Federal Law n. 9.478/97 - the Petroleum Law. The greatest challenge of the proposed Law of Gas is to find a frontier defining where the activities of transportation and distribution of gas Begin and finish. This work will discuss the main legal aspects involving the proposed law. The possible situations of inconstitutionality of the proposed law will also be discussed. In the same way, the aspects connected to attraction of investments and taxes will be commented. The objective is to demonstrate the positive and the negative aspects involving the proposed law. The methodology to be used will be the research of documents. (author)

  1. Law of gas: conflict with the constitution, incentives for investments and tributaries aspects; Lei do gas: contradicoes com a Constituicao, incentivos aos investimentos e aspectos legais

    Energy Technology Data Exchange (ETDEWEB)

    Perdiz, Lauro Daniel B. [Mitsui Gas, Rio de Janeiro, RJ (Brazil); Sousa, Eduardo F. de [Bahiagas, Salvador, BA (Brazil); Flor, Ricardo A.M. [COELBA, Salvador, BA (Brazil)

    2008-07-01

    Based on the high increase of the participation of natural gas into the sources of energy in Brazil, and considering, on the other hand, the essential role of this energy source to guarantee energy supply in the coming years, the discussions involving the Proposed Law of Gas, which is under consideration by the National Congress, has gained a lot of importance. The Natural Gas Market in Brazil doesn't have yet a specific Law to solve the legal conflicts involving all those who participate on the this productive chain. The Law that regulates this market is the Federal Law n. 9.478/97 - the Petroleum Law. The greatest challenge of the Proposed Law of Gas is to find a frontier defining where the activities of transportation and distribution of gas Begin and finish. This work Will discuss the main legal aspects involving the proposed law. The possible situations of unconstitutionality of the proposed Law will also be discussed. In the same way, the aspects connected to attraction of investments and taxes will be commented. The objective is to demonstrate the positive and the negative aspects involving the proposed law. The methodology to be used will be the research of documents. (author)

  2. ANNOTATION TAKEN, IN THE PERSPECTIVE OF CRIMINAL AND CONSTITUTIONAL LAW, AS WELL AS IN CRIMINOLOGY, TO THE DECISION OF THE PORTUGUESE CONSTITUTIONAL COURT, OF JANUARY 13, 2011--WITH RESPECT TO THE PROBLEMS OF "CONSENT" AND "MEDICAL ACT".

    Science.gov (United States)

    Bandeira, Gonçalo S de Melo

    2014-07-01

    1--Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2--Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President)--in terms of the appositive declaration to the sentence n. 487/2010: t.c.http://www. tribunalconstitucional.pt, August 1, 2011; 3--Brief annotation to the problem of the "medical act"; 3.1--Plus some conclusions on the brief annotation to the problem of the "medical act"; 3.2--Brief annotation to the problem of "consent"--continuation of the previous comments; 4--Conclusions. It must never be forgotten that "consent" does not stand as the only cause of exclusion of unlawfulness.

  3. From Blackstone's Common Law Duty of Parents to Educate Their Children to a Constitutional Right of Parents to Control the Education of Their Children

    Science.gov (United States)

    Sedler, Robert A.

    2007-01-01

    Blackstone's Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance." Early on American courts cited Blackstone for the proposition of the common law duty of parents…

  4. 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.

  5. Microscopic and macroscopic bell inequalities

    International Nuclear Information System (INIS)

    Santos, E.

    1984-01-01

    The Bell inequalities, being derived for micro-systems, cannot be tested by (macroscopic) experiments without additional assumptions. A macroscopic definition of local realism is proposed which might be the starting point for deriving Bell inequalities testable without auxiliary assumptions. (orig.)

  6. 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.

  7. Constitutional Law--State Action--Hiring and Promotion Practices of Private University Receiving Public Funds Held State Action--Braden v. University of Pittsburgh.

    Science.gov (United States)

    New York University Law Review, 1977

    1977-01-01

    In Braden vs University of Pittsburgh, a female professor filed suit against the University alleging sex discrimination in employment practices. The professor alleged that the school, which received state funds, was, in effect, a state actor and subject to constitutional restraints. This case and two relevant state action cases are discussed. (JMD)

  8. Quantum equilibria for macroscopic systems

    International Nuclear Information System (INIS)

    Grib, A; Khrennikov, A; Parfionov, G; Starkov, K

    2006-01-01

    Nash equilibria are found for some quantum games with particles with spin-1/2 for which two spin projections on different directions in space are measured. Examples of macroscopic games with the same equilibria are given. Mixed strategies for participants of these games are calculated using probability amplitudes according to the rules of quantum mechanics in spite of the macroscopic nature of the game and absence of Planck's constant. A possible role of quantum logical lattices for the existence of macroscopic quantum equilibria is discussed. Some examples for spin-1 cases are also considered

  9. Quantum equilibria for macroscopic systems

    Energy Technology Data Exchange (ETDEWEB)

    Grib, A [Department of Theoretical Physics and Astronomy, Russian State Pedagogical University, St. Petersburg (Russian Federation); Khrennikov, A [Centre for Mathematical Modelling in Physics and Cognitive Sciences Vaexjoe University (Sweden); Parfionov, G [Department of Mathematics, St. Petersburg State University of Economics and Finances (Russian Federation); Starkov, K [Department of Mathematics, St. Petersburg State University of Economics and Finances (Russian Federation)

    2006-06-30

    Nash equilibria are found for some quantum games with particles with spin-1/2 for which two spin projections on different directions in space are measured. Examples of macroscopic games with the same equilibria are given. Mixed strategies for participants of these games are calculated using probability amplitudes according to the rules of quantum mechanics in spite of the macroscopic nature of the game and absence of Planck's constant. A possible role of quantum logical lattices for the existence of macroscopic quantum equilibria is discussed. Some examples for spin-1 cases are also considered.

  10. Macroscopic Quantum Resonators (MAQRO): 2015 update

    International Nuclear Information System (INIS)

    Kaltenbaek, Rainer; Aspelmeyer, Markus; Kiesel, Nikolai; Barker, Peter F.; Bose, Sougato; Bassi, Angelo; Bateman, James; Bongs, Kai; Cruise, Adrian Michael; Braxmaier, Claus; Brukner, Caslav; Christophe, Bruno; Rodrigues, Manuel; Chwalla, Michael; Johann, Ulrich; Cohadon, Pierre-Francois; Heidmann, Antoine; Lambrecht, Astrid; Reynaud, Serge; Curceanu, Catalina; Dholakia, Kishan; Mazilu, Michael; Diosi, Lajos; Doeringshoff, Klaus; Peters, Achim; Ertmer, Wolfgang; Rasel, Ernst M.; Gieseler, Jan; Novotny, Lukas; Rondin, Loic; Guerlebeck, Norman; Herrmann, Sven; Laemmerzahl, Claus; Hechenblaikner, Gerald; Hossenfelder, Sabine; Kim, Myungshik; Milburn, Gerard J.; Mueller, Holger; Paternostro, Mauro; Pikovski, Igor; Pilan Zanoni, Andre; Riedel, Charles Jess; Roura, Albert; Schleich, Wolfgang P.; Schmiedmayer, Joerg; Schuldt, Thilo; Schwab, Keith C.; Tajmar, Martin; Tino, Guglielmo M.; Ulbricht, Hendrik; Ursin, Rupert; Vedral, Vlatko

    2016-01-01

    Do the laws of quantum physics still hold for macroscopic objects - this is at the heart of Schroedinger's cat paradox - or do gravitation or yet unknown effects set a limit for massive particles? What is the fundamental relation between quantum physics and gravity? Ground-based experiments addressing these questions may soon face limitations due to limited free-fall times and the quality of vacuum and microgravity. The proposed mission Macroscopic Quantum Resonators (MAQRO) may overcome these limitations and allow addressing such fundamental questions. MAQRO harnesses recent developments in quantum optomechanics, high-mass matter-wave interferometry as well as state-of-the-art space technology to push macroscopic quantum experiments towards their ultimate performance limits and to open new horizons for applying quantum technology in space. The main scientific goal is to probe the vastly unexplored 'quantum-classical' transition for increasingly massive objects, testing the predictions of quantum theory for objects in a size and mass regime unachievable in ground-based experiments. The hardware will largely be based on available space technology. Here, we present the MAQRO proposal submitted in response to the 4th Cosmic Vision call for a medium-sized mission (M4) in 2014 of the European Space Agency (ESA) with a possible launch in 2025, and we review the progress with respect to the original MAQRO proposal for the 3rd Cosmic Vision call for a medium-sized mission (M3) in 2010. In particular, the updated proposal overcomes several critical issues of the original proposal by relying on established experimental techniques from high-mass matter-wave interferometry and by introducing novel ideas for particle loading and manipulation. Moreover, the mission design was improved to better fulfill the stringent environmental requirements for macroscopic quantum experiments. (orig.)

  11. Macroscopic Quantum Resonators (MAQRO): 2015 update

    Energy Technology Data Exchange (ETDEWEB)

    Kaltenbaek, Rainer [University of Vienna, Vienna Center for Quantum Science and Technology, Vienna (Austria); Aspelmeyer, Markus; Kiesel, Nikolai [University of Vienna, Vienna Center for Quantum Science and Technology, Vienna (Austria); Barker, Peter F.; Bose, Sougato [University College London, Department of Physics and Astronomy, London (United Kingdom); Bassi, Angelo [University of Trieste, Department of Physics, Trieste (Italy); INFN - Trieste Section, Trieste (Italy); Bateman, James [University of Swansea, Department of Physics, College of Science, Swansea (United Kingdom); Bongs, Kai; Cruise, Adrian Michael [University of Birmingham, School of Physics and Astronomy, Birmingham (United Kingdom); Braxmaier, Claus [University of Bremen, Center of Applied Space Technology and Micro Gravity (ZARM), Bremen (Germany); Institute of Space Systems, German Aerospace Center (DLR), Bremen (Germany); Brukner, Caslav [University of Vienna, Vienna Center for Quantum Science and Technology, Vienna (Austria); Austrian Academy of Sciences, Institute of Quantum Optics and Quantum Information (IQOQI), Vienna (Austria); Christophe, Bruno; Rodrigues, Manuel [The French Aerospace Lab, ONERA, Chatillon (France); Chwalla, Michael; Johann, Ulrich [Airbus Defence and Space GmbH, Immenstaad (Germany); Cohadon, Pierre-Francois; Heidmann, Antoine; Lambrecht, Astrid; Reynaud, Serge [ENS-PSL Research University, Laboratoire Kastler Brossel, UPMC-Sorbonne Universites, CNRS, College de France, Paris (France); Curceanu, Catalina [Laboratori Nazionali di Frascati dell' INFN, Frascati (Italy); Dholakia, Kishan; Mazilu, Michael [University of St. Andrews, School of Physics and Astronomy, St. Andrews (United Kingdom); Diosi, Lajos [Wigner Research Center for Physics, P.O. Box 49, Budapest (Hungary); Doeringshoff, Klaus; Peters, Achim [Humboldt-Universitaet zu Berlin, Institut fuer Physik, Berlin (Germany); Ertmer, Wolfgang; Rasel, Ernst M. [Leibniz Universitaet Hannover, Institut fuer Quantenoptik, Hannover (Germany); Gieseler, Jan; Novotny, Lukas; Rondin, Loic [ETH Zuerich, Photonics Laboratory, Zuerich (Switzerland); Guerlebeck, Norman; Herrmann, Sven; Laemmerzahl, Claus [University of Bremen, Center of Applied Space Technology and Micro Gravity (ZARM), Bremen (Germany); Hechenblaikner, Gerald [Airbus Defence and Space GmbH, Immenstaad (Germany); European Southern Observatory (ESO), Garching bei Muenchen (Germany); Hossenfelder, Sabine [KTH Royal Institute of Technology and Stockholm University, Nordita, Stockholm (Sweden); Kim, Myungshik [Imperial College London, QOLS, Blackett Laboratory, London (United Kingdom); Milburn, Gerard J. [University of Queensland, ARC Centre for Engineered Quantum Systems, Brisbane (Australia); Mueller, Holger [University of California, Department of Physics, Berkeley, CA (United States); Paternostro, Mauro [Queen' s University, Centre for Theoretical Atomic, Molecular and Optical Physics, School of Mathematics and Physics, Belfast (United Kingdom); Pikovski, Igor [Harvard-Smithsonian Center for Astrophysics, ITAMP, Cambridge, MA (United States); Pilan Zanoni, Andre [Airbus Defence and Space GmbH, Immenstaad (Germany); CERN - European Organization for Nuclear Research, EN-STI-TCD, Geneva (Switzerland); Riedel, Charles Jess [Perimeter Institute for Theoretical Physics, Waterloo, ON (Canada); Roura, Albert [Universitaet Ulm, Institut fuer Quantenphysik, Ulm (Germany); Schleich, Wolfgang P. [Universitaet Ulm, Institut fuer Quantenphysik, Ulm (Germany); Texas A and M University Institute for Advanced Study (TIAS), Institute for Quantum Science and Engineering (IQSE), and Department of Physics and Astronomy, College Station, TX (United States); Schmiedmayer, Joerg [Vienna University of Technology, Vienna Center for Quantum Science and Technology, Institute of Atomic and Subatomic Physics, Vienna (Austria); Schuldt, Thilo [Institute of Space Systems, German Aerospace Center (DLR), Bremen (Germany); Schwab, Keith C. [California Institute of Technology, Applied Physics, Pasadena, CA (United States); Tajmar, Martin [Technische Universitaet Dresden, Institut fuer Luft- und Raumfahrttechnik, Dresden (Germany); Tino, Guglielmo M. [Universita di Firenze, Dipartimento di Fisica e Astronomia and LENS, INFN, Sesto Fiorentino, Firenze (Italy); Ulbricht, Hendrik [University of Southampton, Physics and Astronomy, Southampton (United Kingdom); Ursin, Rupert [Austrian Academy of Sciences, Institute of Quantum Optics and Quantum Information (IQOQI), Vienna (Austria); Vedral, Vlatko [University of Oxford, Atomic and Laser Physics, Clarendon Laboratory, Oxford (United Kingdom); National University of Singapore, Center for Quantum Technologies, Singapore (SG)

    2016-12-15

    Do the laws of quantum physics still hold for macroscopic objects - this is at the heart of Schroedinger's cat paradox - or do gravitation or yet unknown effects set a limit for massive particles? What is the fundamental relation between quantum physics and gravity? Ground-based experiments addressing these questions may soon face limitations due to limited free-fall times and the quality of vacuum and microgravity. The proposed mission Macroscopic Quantum Resonators (MAQRO) may overcome these limitations and allow addressing such fundamental questions. MAQRO harnesses recent developments in quantum optomechanics, high-mass matter-wave interferometry as well as state-of-the-art space technology to push macroscopic quantum experiments towards their ultimate performance limits and to open new horizons for applying quantum technology in space. The main scientific goal is to probe the vastly unexplored 'quantum-classical' transition for increasingly massive objects, testing the predictions of quantum theory for objects in a size and mass regime unachievable in ground-based experiments. The hardware will largely be based on available space technology. Here, we present the MAQRO proposal submitted in response to the 4th Cosmic Vision call for a medium-sized mission (M4) in 2014 of the European Space Agency (ESA) with a possible launch in 2025, and we review the progress with respect to the original MAQRO proposal for the 3rd Cosmic Vision call for a medium-sized mission (M3) in 2010. In particular, the updated proposal overcomes several critical issues of the original proposal by relying on established experimental techniques from high-mass matter-wave interferometry and by introducing novel ideas for particle loading and manipulation. Moreover, the mission design was improved to better fulfill the stringent environmental requirements for macroscopic quantum experiments. (orig.)

  12. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

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

  13. 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.

  14. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1988-01-01

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

  15. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1989-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marilang Marilang

    2016-12-01

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

  17. Constitutional Law--Procedural Due Process--Student Has Right to Have Attorney Present at University Disciplinary Hearing When Criminal Charges Are Pending.

    Science.gov (United States)

    Vessels, Rodney Jay

    1978-01-01

    In the case of Gabrilowitz v Newman the court used the due process balancing test to conclude that a student has a right to have counsel present at a university disciplinary hearing where the conduct in question is the object of a pending criminal proceeding. Available from J. Reuben Clark Law School, Brigham Young U., Provo, UT 84602. (MSE)

  18. Superconductivity and macroscopic quantum phenomena

    International Nuclear Information System (INIS)

    Rogovin, D.; Scully, M.

    1976-01-01

    It is often asserted that superconducting systems are manifestations of quantum mechanics on a macroscopic scale. In this review article it is demonstrated that this quantum assertion is true within the framework of the microscopic theory of superconductivity. (Auth.)

  19. Macroscopic constraints on string unification

    International Nuclear Information System (INIS)

    Taylor, T.R.

    1989-03-01

    The comparison of sting theory with experiment requires a huge extrapolation from the microscopic distances, of order of the Planck length, up to the macroscopic laboratory distances. The quantum effects give rise to large corrections to the macroscopic predictions of sting unification. I discus the model-independent constraints on the gravitational sector of string theory due to the inevitable existence of universal Fradkin-Tseytlin dilatons. 9 refs

  20. Interpretation of macroscopic quantum phenomena

    International Nuclear Information System (INIS)

    Baumann, K.

    1986-01-01

    It is argued that a quantum theory without observer is required for the interpretation of macroscopic quantum tunnelling. Such a theory is obtained by augmenting QED by the actual electric field in the rest system of the universe. An equation of the motion of this field is formulated form which the correct macroscopic behavior of the universe and the validity of the Born interpretation is derived. Care is taken to use mathematically sound concepts only. (Author)

  1. 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…

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

    Directory of Open Access Journals (Sweden)

    André Luis Callegari

    2013-12-01

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

  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. 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.

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

    Energy Technology Data Exchange (ETDEWEB)

    Klinski, S.

    2001-10-01

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

  6. Pathways toward understanding Macroscopic Quantum Phenomena

    International Nuclear Information System (INIS)

    Hu, B L; Subaşi, Y

    2013-01-01

    Macroscopic quantum phenomena refer to quantum features in objects of 'large' sizes, systems with many components or degrees of freedom, organized in some ways where they can be identified as macroscopic objects. This emerging field is ushered in by several categories of definitive experiments in superconductivity, electromechanical systems, Bose-Einstein condensates and others. Yet this new field which is rich in open issues at the foundation of quantum and statistical physics remains little explored theoretically (with the important exception of the work of A J Leggett [1], while touched upon or implied by several groups of authors represented in this conference. Our attitude differs in that we believe in the full validity of quantum mechanics stretching from the testable micro to meso scales, with no need for the introduction of new laws of physics.) This talk summarizes our thoughts in attempting a systematic investigation into some key foundational issues of quantum macroscopic phenomena, with the goal of ultimately revealing or building a viable theoretical framework. Three major themes discussed in three intended essays are the large N expansion [2], the correlation hierarchy [3] and quantum entanglement [4]. We give a sketch of the first two themes and then discuss several key issues in the consideration of macro and quantum, namely, a) recognition that there exist many levels of structure in a composite body and only by judicious choice of an appropriate set of collective variables can one give the best description of the dynamics of a specific level of structure. Capturing the quantum features of a macroscopic object is greatly facilitated by the existence and functioning of these collective variables; b) quantum entanglement, an exclusively quantum feature [5], is known to persist to high temperatures [6] and large scales [7] under certain conditions, and may actually decrease with increased connectivity in a quantum network [8]. We use entanglement as a

  7. Confidential telephone in constitutions of brazil and portugal: analysis of measure in law of treatment and jurisprudential and protection limit between poor and efficient

    Directory of Open Access Journals (Sweden)

    Diego Prezzi Santos

    2016-04-01

    Full Text Available The present study aims to analyze the requirements of the wiretapping Brazil and Portugal, basing the analysis on constitutional norms and standards infra. The analysis involves the understanding of rights linked to personal intimacy and privacy and the possibility that it has investigated the target of disclosure of telephone records through telephone interception, having secured the material access to justice, and, therefore, these respected rights. Checked out the concept of access to fair legal system (material and also the formal access to make possible the understanding and presentation of the results obtained from the Brazilian courts and the Portuguese courts.

  8. 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

  9. National assembly constitution of the 4. of october 1958 eleventh legislature. Law project relative to the openness and safety in nuclear matter

    International Nuclear Information System (INIS)

    2001-07-01

    This law project is the first text submitted to the Parliament in order to given a general frame to nuclear activities. It refers to principles of other activities areas such precautionary principle, the polluter pays principle, and public information principle. It extends the information right of citizens by creating an access right to information held by the operators of nuclear activities. A transparency high committee about nuclear safety is created whom mission is to contribute to public information on nuclear activities and to guarantee its quality and reliability. (N.C.)

  10. 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....

  11. "Do Brazil a favor: adopt an outlaw" - the constitution of meanings on the adolescent subject in conflict with the law on the tv news program "SBT Brasil"

    Directory of Open Access Journals (Sweden)

    Rejone Valentim Machado

    2016-10-01

    Full Text Available http://dx.doi.org/10.5007/1984-8412.2016v13n3p1351 This study aims to present the results of an ongoing research on adolescents in conflict with the law, and the way they are represented by the Brazilian news media. We focus on a television report broadcasted in February 2014, by a Brazilian news program called “SBT Brasil”. Based on French Discourse Analysis theoretical concepts, especially Michel Pêcheux’s (2009, we focus on the language materiality, the news piece’s conditions of language production, and the discursive position occupied by the subjects in order to develop an analytical reflection on the historical resumption that supports the crystalized speeches about the adolescent’s discursive place. After comparing descriptions and interpretations, we concluded that the observed effects of meaning remind us of “already stated” point-of-view that value/defend/legitimize the punishment by the biased view of dehumanization. It also promotes the oblivion of the legislation that guides the policies for the adolescents in conflict with the law.

  12. Statistical thermodynamics understanding the properties of macroscopic systems

    CERN Document Server

    Fai, Lukong Cornelius

    2012-01-01

    Basic Principles of Statistical PhysicsMicroscopic and Macroscopic Description of StatesBasic PostulatesGibbs Ergodic AssumptionGibbsian EnsemblesExperimental Basis of Statistical MechanicsDefinition of Expectation ValuesErgodic Principle and Expectation ValuesProperties of Distribution FunctionRelative Fluctuation of an Additive Macroscopic ParameterLiouville TheoremGibbs Microcanonical EnsembleMicrocanonical Distribution in Quantum MechanicsDensity MatrixDensity Matrix in Energy RepresentationEntropyThermodynamic FunctionsTemperatureAdiabatic ProcessesPressureThermodynamic IdentityLaws of Th

  13. THE CONSTITUTIONAL ISSUE OF CROWNING IN CROATIANHUNGARIAN LAW (THE 150TH ANNIVERSARY OF THE EMPEROR FRANZ JOSEPH I CORONATION FOR THE KING OF HUNGARY AND CROATIA

    Directory of Open Access Journals (Sweden)

    László Heka

    2017-12-01

    Full Text Available This year marks the 150th anniversary of the Coronation of Franz Joseph l as the King of Hungary and Croatia which was marked by the Hungarian side as the condition of reconciliation with Vienna and the conclusion of the Austro-Hungarian settlement. This compromise between Austria and Hungary has served as a template for a yearlong Croatian-Hungarian settlement in many segments. With these two settlements, the Hungarians settled their relations with the court and with the Triune Kingdom of Croatia, Slavonia and Dalmatia, with whom Hungary had been in the state community since 1102. This event marked the end of a long-standing conflict with Austria, and the Croatian issue was removed from the agenda in Budapest and Vienna. In the course of eight centuries of the common statehood, the Coronation was one of the pivotal constitutional questions. The act of the Coronation, which gave the King legitimacy, consisted of the church ritual (anointing and the secular part manifested in taking the oath, and it had a public character and meaning. The latter was reflected in the fact that the crown oath and crown vow (the diplomas of inauguration were considered the contract between the people and the King, and therefore the Crown Defender had a constitutional character. The King got his legitimacy only if he was crowned with the crown of St. Stephen (the Holy Crown, so Franz Joseph l became the Hungarian and Croatian King only after the crowning in Buda. Since the palatine function was incomplete at the time, Hungary had to be represented by Count Gyula Andrassy, who was then the president of the government. After the King’s death in 1916, during the last royal Coronation, a political-legal debate was raised about whether Hungary should be represented by the Prime Minister or other person on behalf of the people.

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

    Directory of Open Access Journals (Sweden)

    Humberto Nogueira Alcalá

    2008-01-01

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

  15. Text adopted no. 302. Little law, constitution of the 4 October 1958 twelve legislature ordinary session of 2003-2004. Law project adopted by the National Assembly in first reading, after urgency declaration of energy orientation

    International Nuclear Information System (INIS)

    2004-06-01

    This law project concerns the french national energy policy. It presents the government policy on four main axis: the energy independence with the energy supply safety, the environment quality with the fight against the greenhouse effect, the energy prices and the social aspects with the energy supply for all french people. By a presentation of the articles it provides information on the energy demand control, the renewable energies and the financial assistance. (A.L.B.)

  16. Macroscopic models for traffic safety.

    NARCIS (Netherlands)

    Oppe, S.

    1988-01-01

    Recently there has been an increased interest in the application of macroscopic models for the description of developments in traffic safety. A discussion was started on the causes of the sudden decrease in the number of fatal and injury accidents after 1974. Before that time these numbers had

  17. General quantitative analysis of stress partitioning and boundary conditions in undrained biphasic porous media via a purely macroscopic and purely variational approach

    Science.gov (United States)

    Serpieri, Roberto; Travascio, Francesco

    2016-03-01

    In poroelasticity, the effective stress law relates the external stress applied to the medium to the macroscopic strain of the solid phase and the interstitial pressure of the fluid saturating the mixture. Such relationship has been formerly introduced by Terzaghi in form of a principle. To date, no poroelastic theory is capable of recovering a stress partitioning law in agreement with Terzaghi's postulated one in the absence of ad hoc constitutive assumptions on the medium. We recently proposed a variational macroscopic continuum description of two-phase poroelasticity to derive a general biphasic formulation at finite deformations, termed variational macroscopic theory of porous media (VMTPM). Such approach proceeds from the inclusion of the intrinsic volumetric strain among the kinematic descriptors aside to macroscopic displacements, and as a variational theory, uses the Hamilton least-action principle as the unique primitive concept of mechanics invoked to derive momentum balance equations. In a previous related work it was shown that, for the subclass of undrained problems, VMTPM predicts that stress is partitioned in the two phases in strict compliance with Terzaghi's law, irrespective of the microstructural and constitutive features of a given medium. In the present contribution, we further develop the linearized framework of VMTPM to arrive at a general operative formula that allows the quantitative determination of stress partitioning in a jacketed test over a generic isotropic biphasic specimen. This formula is quantitative and general, in that it relates the partial phase stresses to the externally applied stress as function of partitioning coefficients that are all derived by strictly following a purely variational and purely macroscopic approach, and in the absence of any specific hypothesis on the microstructural or constitutive features of a given medium. To achieve this result, the stiffness coefficients of the theory are derived by using

  18. Constitutional judges (guarantee of the Constitution and responsibility

    Directory of Open Access Journals (Sweden)

    Francisco Javier Ansuátegui Roig

    2012-06-01

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

  19. The mirrors model: macroscopic diffusion without noise or chaos

    International Nuclear Information System (INIS)

    Chiffaudel, Yann; Lefevere, Raphaël

    2016-01-01

    Before stating our main result, we first clarify through classical examples the status of the laws of macroscopic physics as laws of large numbers. We next consider the mirrors model in a finite d-dimensional domain and connected to particles reservoirs at fixed chemical potentials. The dynamics is purely deterministic and non-ergodic but takes place in a random environment. We study the macroscopic current of particles in the stationary regime. We show first that when the size of the system goes to infinity, the behaviour of the stationary current of particles is governed by the proportion of orbits crossing the system. This allows us to formulate a necessary and sufficient condition on the distribution of the set of orbits that ensures the validity of Fick’s law. Using this approach, we show that Fick’s law relating the stationary macroscopic current of particles to the concentration difference holds in three dimensions and above. The negative correlations between crossing orbits play a key role in the argument. (letter)

  20. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

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

  1. 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

  2. Constitutionalism and Democracy in Contemporary International Community

    OpenAIRE

    Padjen, Ivan

    1992-01-01

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

  3. 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

  4. 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

  5. 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.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2009-01-15

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

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

    International Nuclear Information System (INIS)

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

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    María del Mar Navas Sánchez

    2017-12-01

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

  9. Constitutive law of dense granular matter

    International Nuclear Information System (INIS)

    Hatano, Takahiro

    2010-01-01

    The frictional properties of dense granular matter under steady shear flow are investigated using numerical simulation. Shear flow tends to localize near the driving boundary unless the coefficient of restitution is close to zero and the driving velocity is small. The bulk friction coefficient is independent of shear rate in dense and slow flow, whereas it is an increasing function of shear rate in rapid flow. The coefficient of restitution affects the friction coefficient only in such rapid flow. Contrastingly, in dense and slow regime, the friction coefficient is independent of the coefficient of restitution and mainly determined by the elementary friction coefficient and the rotation of grains. It is found that the mismatch between the vorticity of flow and the angular frequency of grains plays a key role to the frictional properties of sheared granular matter.

  10. Constitutive laws for the neutron density current

    International Nuclear Information System (INIS)

    Espinosa-Paredes, Gilberto; Morales-Sandoval, Jaime B.; Vazquez-Rodriguez, Rodolfo; Espinosa-Martinez, Erick-G.

    2008-01-01

    In this technical note, a fractional wave equation for the average neutron motion in nuclear reactor is considered. This representation covers the full spectrum of the average neutron transport behavior, i.e., Fickian and non-Fickian effects. The fractional diffusion model retains the main dynamic characteristics of the neutron motion in which the relaxation time associated with a rapid variation in the neutron flux contains a fractional exponent that can be manipulated to obtain the best representation of the neutron transport phenomena. The detrended fluctuation analysis (DFA) method is presented in this paper to estimate the fractional exponent

  11. 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.

  12. Seismic scanning tunneling macroscope - Theory

    KAUST Repository

    Schuster, Gerard T.

    2012-09-01

    We propose a seismic scanning tunneling macroscope (SSTM) that can detect the presence of sub-wavelength scatterers in the near-field of either the source or the receivers. Analytic formulas for the time reverse mirror (TRM) profile associated with a single scatterer model show that the spatial resolution limit to be, unlike the Abbe limit of λ/2, independent of wavelength and linearly proportional to the source-scatterer separation as long as the point scatterer is in the near-field region; if the sub-wavelength scatterer is a spherical impedance discontinuity then the resolution will also be limited by the radius of the sphere. Therefore, superresolution imaging can be achieved as the scatterer approaches the source. This is analogous to an optical scanning tunneling microscope that has sub-wavelength resolution. Scaled to seismic frequencies, it is theoretically possible to extract 100 Hz information from 20 Hz data by imaging of near-field seismic energy.

  13. Seismic scanning tunneling macroscope - Theory

    KAUST Repository

    Schuster, Gerard T.; Hanafy, Sherif M.; Huang, Yunsong

    2012-01-01

    We propose a seismic scanning tunneling macroscope (SSTM) that can detect the presence of sub-wavelength scatterers in the near-field of either the source or the receivers. Analytic formulas for the time reverse mirror (TRM) profile associated with a single scatterer model show that the spatial resolution limit to be, unlike the Abbe limit of λ/2, independent of wavelength and linearly proportional to the source-scatterer separation as long as the point scatterer is in the near-field region; if the sub-wavelength scatterer is a spherical impedance discontinuity then the resolution will also be limited by the radius of the sphere. Therefore, superresolution imaging can be achieved as the scatterer approaches the source. This is analogous to an optical scanning tunneling microscope that has sub-wavelength resolution. Scaled to seismic frequencies, it is theoretically possible to extract 100 Hz information from 20 Hz data by imaging of near-field seismic energy.

  14. Cloud Macroscopic Organization: Order Emerging from Randomness

    Science.gov (United States)

    Yuan, Tianle

    2011-01-01

    Clouds play a central role in many aspects of the climate system and their forms and shapes are remarkably diverse. Appropriate representation of clouds in climate models is a major challenge because cloud processes span at least eight orders of magnitude in spatial scales. Here we show that there exists order in cloud size distribution of low-level clouds, and that it follows a power-law distribution with exponent gamma close to 2. gamma is insensitive to yearly variations in environmental conditions, but has regional variations and land-ocean contrasts. More importantly, we demonstrate this self-organizing behavior of clouds emerges naturally from a complex network model with simple, physical organizing principles: random clumping and merging. We also demonstrate symmetry between clear and cloudy skies in terms of macroscopic organization because of similar fundamental underlying organizing principles. The order in the apparently complex cloud-clear field thus has its root in random local interactions. Studying cloud organization with complex network models is an attractive new approach that has wide applications in climate science. We also propose a concept of cloud statistic mechanics approach. This approach is fully complementary to deterministic models, and the two approaches provide a powerful framework to meet the challenge of representing clouds in our climate models when working in tandem.

  15. Adiabatic process reversibility: microscopic and macroscopic views

    International Nuclear Information System (INIS)

    Anacleto, Joaquim; Pereira, Mario G

    2009-01-01

    The reversibility of adiabatic processes was recently addressed by two publications. In the first (Miranda 2008 Eur. J. Phys. 29 937-43), an equation was derived relating the initial and final volumes and temperatures for adiabatic expansions of an ideal gas, using a microscopic approach. In that relation the parameter r accounts for the process reversibility, ranging between 0 and 1, which corresponds to the free and reversible expansion, respectively. In the second (Anacleto and Pereira 2009 Eur. J. Phys. 30 177-83), the authors have shown that thermodynamics can effectively and efficiently be used to obtain the general law for adiabatic processes carried out by an ideal gas, including compressions, for which r≥1. The present work integrates and extends the aforementioned studies, providing thus further insights into the analysis of the adiabatic process. It is shown that Miranda's work is wholly valid for compressions. In addition, it is demonstrated that the adiabatic reversibility coefficient given in terms of the piston velocity and the root mean square velocity of the gas particles is equivalent to the macroscopic description, given just by the quotient between surroundings and system pressure values. (letters and comments)

  16. The Proell Effect: A Macroscopic Maxwell's Demon

    Science.gov (United States)

    Rauen, Kenneth M.

    2011-12-01

    Maxwell's Demon is a legitimate challenge to the Second Law of Thermodynamics when the "demon" is executed via the Proell effect. Thermal energy transfer according to the Kinetic Theory of Heat and Statistical Mechanics that takes place over distances greater than the mean free path of a gas circumvents the microscopic randomness that leads to macroscopic irreversibility. No information is required to sort the particles as no sorting occurs; the entire volume of gas undergoes the same transition. The Proell effect achieves quasi-spontaneous thermal separation without sorting by the perturbation of a heterogeneous constant volume system with displacement and regeneration. The classical analysis of the constant volume process, such as found in the Stirling Cycle, is incomplete and therefore incorrect. There are extra energy flows that classical thermo does not recognize. When a working fluid is displaced across a regenerator with a temperature gradient in a constant volume system, complimentary compression and expansion work takes place that transfers energy between the regenerator and the bulk gas volumes of the hot and cold sides of the constant volume system. Heat capacity at constant pressure applies instead of heat capacity at constant volume. The resultant increase in calculated, recyclable energy allows the Carnot Limit to be exceeded in certain cycles. Super-Carnot heat engines and heat pumps have been designed and a US patent has been awarded.

  17. 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....

  18. 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

  19. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

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

  20. A New Equivalent Statistical Damage Constitutive Model on Rock Block Mixed Up with Fluid Inclusions

    Directory of Open Access Journals (Sweden)

    Xiao Chen

    2018-01-01

    Full Text Available So far, there are few studies concerning the effect of closed “fluid inclusions” on the macroscopic constitutive relation of deep rock. Fluid-matrix element (FME is defined based on rock element in statistical damage model. The properties of FME are related to the size of inclusions, fluid properties, and pore pressure. Using FME, the equivalent elastic modulus of rock block containing fluid inclusions is obtained with Eshelby inclusion theory and the double M-T homogenization method. The new statistical damage model of rock is established on the equivalent elastic modulus. Besides, the porosity and confining pressure are important influencing factors of the model. The model reflects the initial damage (void and fluid inclusion and the macroscopic deformation law of rock, which is an improvement of the traditional statistical damage model. Additionally, the model can not only be consistent with the rock damage experiment date and three-axis compression experiment date of rock containing pore water but also describe the locked-in stress experiment in rock-like material. It is a new fundamental study of the constitutive relation of locked-in stress in deep rock mass.

  1. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

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

  2. 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 ...

  3. 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.

  4. Macroscopic quantum mechanics: theory and experimental concepts of optomechanics

    International Nuclear Information System (INIS)

    Chen Yanbei

    2013-01-01

    Rapid experimental progress has recently allowed the use of light to prepare macroscopic mechanical objects into nearly pure quantum states. This research field of quantum optomechanics opens new doors towards testing quantum mechanics, and possibly other laws of physics, in new regimes. In the first part of this article, I will review a set of techniques of quantum measurement theory that are often used to analyse quantum optomechanical systems. Some of these techniques were originally designed to analyse how a classical driving force passes through a quantum system, and can eventually be detected with an optimal signal-to-noise ratio—while others focus more on the quantum-state evolution of a mechanical object under continuous monitoring. In the second part of this article, I will review a set of experimental concepts that will demonstrate quantum mechanical behaviour of macroscopic objects—quantum entanglement, quantum teleportation and the quantum Zeno effect. Taking the interplay between gravity and quantum mechanics as an example, I will review a set of speculations on how quantum mechanics can be modified for macroscopic objects, and how these speculations—and their generalizations—might be tested by optomechanics. (invited review)

  5. Stochastic and Macroscopic Thermodynamics of Strongly Coupled Systems

    Directory of Open Access Journals (Sweden)

    Christopher Jarzynski

    2017-01-01

    Full Text Available We develop a thermodynamic framework that describes a classical system of interest S that is strongly coupled to its thermal environment E. Within this framework, seven key thermodynamic quantities—internal energy, entropy, volume, enthalpy, Gibbs free energy, heat, and work—are defined microscopically. These quantities obey thermodynamic relations including both the first and second law, and they satisfy nonequilibrium fluctuation theorems. We additionally impose a macroscopic consistency condition: When S is large, the quantities defined within our framework scale up to their macroscopic counterparts. By satisfying this condition, we demonstrate that a unifying framework can be developed, which encompasses both stochastic thermodynamics at one end, and macroscopic thermodynamics at the other. A central element in our approach is a thermodynamic definition of the volume of the system of interest, which converges to the usual geometric definition when S is large. We also sketch an alternative framework that satisfies the same consistency conditions. The dynamics of the system and environment are modeled using Hamilton’s equations in the full phase space.

  6. The influence of the grain boundary strength on the macroscopic properties of a polycrystalline aggregate

    International Nuclear Information System (INIS)

    Simonovski, Igor; Cizelj, Leon; Garrido, Oriol Costa

    2013-01-01

    Highlights: ► Grain boundary stiffness should be at least 1.5× higher that the stiffness of bulk grains. ► The ratio δ n pl /δ n el should be at least 400. ► Simultaneous increase of δ n el and δ n pl at constant grain boundary strength increases numerical stability but results in high percentage of damage grain boundary area. ► Shear contributes significantly to damage initialization. -- Abstract: In this work a model, based on a X-ray diffraction contrast tomography data of a stainless steel wire with a diameter of 0.4 mm is presented. As measured 3D grain geometry and crystallographic orientation of individual grains are directly transferred into a finite element model. Anisotropic elasticity and crystal plasticity constitutive laws are used for the bulk grain material while the grain boundaries are explicitly modeled using the cohesive zone approach. A parametric study on the effects of the grain boundary strength and other cohesive zone parameters on the macroscopic response and damaged grain boundary area of a polycrystalline aggregate is presented. Recommendations for the cohesive zone parameters values aimed at achieving low damaged grain boundary area during numerical tensile tests are given while at the same time taking into account the numerical stability of the simulations

  7. The influence of the grain boundary strength on the macroscopic properties of a polycrystalline aggregate

    Energy Technology Data Exchange (ETDEWEB)

    Simonovski, Igor, E-mail: Igor.Simonovski@ec.europa.eu [European Commission, DG-JRC, Institute for Energy and Transport, P.O. Box 2, NL-1755 ZG Petten (Netherlands); Cizelj, Leon, E-mail: Leon.Cizelj@ijs.si [Jožef Stefan Institute, Reactor Engineering Division, Jamova Cesta 39, SI-1000 Ljubljana (Slovenia); Garrido, Oriol Costa, E-mail: Oriol.Costa@ijs.si [Jožef Stefan Institute, Reactor Engineering Division, Jamova Cesta 39, SI-1000 Ljubljana (Slovenia)

    2013-08-15

    Highlights: ► Grain boundary stiffness should be at least 1.5× higher that the stiffness of bulk grains. ► The ratio δ{sub n}{sup pl}/δ{sub n}{sup el} should be at least 400. ► Simultaneous increase of δ{sub n}{sup el} and δ{sub n}{sup pl} at constant grain boundary strength increases numerical stability but results in high percentage of damage grain boundary area. ► Shear contributes significantly to damage initialization. -- Abstract: In this work a model, based on a X-ray diffraction contrast tomography data of a stainless steel wire with a diameter of 0.4 mm is presented. As measured 3D grain geometry and crystallographic orientation of individual grains are directly transferred into a finite element model. Anisotropic elasticity and crystal plasticity constitutive laws are used for the bulk grain material while the grain boundaries are explicitly modeled using the cohesive zone approach. A parametric study on the effects of the grain boundary strength and other cohesive zone parameters on the macroscopic response and damaged grain boundary area of a polycrystalline aggregate is presented. Recommendations for the cohesive zone parameters values aimed at achieving low damaged grain boundary area during numerical tensile tests are given while at the same time taking into account the numerical stability of the simulations.

  8. 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.

  9. 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.

  10. 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.…

  11. 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...

  12. Macroscopic transport by synthetic molecular machines

    NARCIS (Netherlands)

    Berna, J; Leigh, DA; Lubomska, M; Mendoza, SM; Perez, EM; Rudolf, P; Teobaldi, G; Zerbetto, F

    Nature uses molecular motors and machines in virtually every significant biological process, but demonstrating that simpler artificial structures operating through the same gross mechanisms can be interfaced with - and perform physical tasks in - the macroscopic world represents a significant hurdle

  13. Macroscopic quantum waves in non local theories

    International Nuclear Information System (INIS)

    Ventura, I.

    1979-01-01

    By means of an expansion in the density, it is shown that Macroscopic Quantum Waves also apear in non local theories. This result reinforces the conjecture that these waves should exist in liquid 4 He. (Author) [pt

  14. Macroscopic quantum waves in non local theories

    International Nuclear Information System (INIS)

    Ventura, I.

    1979-01-01

    By means of an expansion in the density, it is shown that Macroscopic Quantum Waves also appear in non local theories. This result reinforces the conjecture that these waves should exist in liquid 4 He [pt

  15. 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

  16. Assessments of macroscopicity for quantum optical states

    DEFF Research Database (Denmark)

    Laghaout, Amine; Neergaard-Nielsen, Jonas Schou; Andersen, Ulrik Lund

    2015-01-01

    With the slow but constant progress in the coherent control of quantum systems, it is now possible to create large quantum superpositions. There has therefore been an increased interest in quantifying any claims of macroscopicity. We attempt here to motivate three criteria which we believe should...... enter in the assessment of macroscopic quantumness: The number of quantum fluctuation photons, the purity of the states, and the ease with which the branches making up the state can be distinguished. © 2014....

  17. Nuclear fission as a macroscopic quantum tunneling

    International Nuclear Information System (INIS)

    Takigawa, N.

    1995-01-01

    We discuss nuclear fission from the point of view of a macroscopic quantum tunneling, one of whose major interests is to study the effects of environments on the tunneling rate of a macroscopic variable. We show that a vibrational excitation of the fissioning nucleus significantly enhances the fission rate. We show this effect by two different methods. The one is to treat the vibrational excitation as an environmental degree of freedom, the other treats the fission as a two dimensional quantum tunneling. (author)

  18. 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.

  19. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

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

  20. 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.

  1. El principio de no regresividad de los derechos sociales en el ordenamiento constitucional español // The principle of non-regressivity of Social rights in the Spanish Constitutional Law

    Directory of Open Access Journals (Sweden)

    Miguel Agudo Zamora

    2017-12-01

    This paper analyzes the constitutional recognition of the principle of non-regressivity of social rights in Spain. It starts from the succinct analysis of the social model of our Constitution which implies the recognition of economic and social rights. This recognition is the constitutionalization of the principles of solidarity and social cohesion. The principle of social cohesion has been defined by the Council of Europe and explicitly included in the constitutive treaties of the European Union. The need to achieve social cohesion underpins the inclusion in the Constitutions and international treaties of the principle of non-regression of social rights. In the Spanish Constitution of 1978 this principle is not expressly included. The non-inclusion in the Constitution of this principle poses a danger to social cohesion in times of economic crisis. For its part, the Constitutional Court has established an ambiguous doctrine on this subject, which has been analyzed in this work, as well as the most significant doctrinal contributions on the subject. In order to know which are the limits of the regressivity of the social rights that give content of this principle an international comparison has been made as well as a study of constitutional principles. Limits to the regressivity of content, effectiveness and protection of social rights have been obtained from the study of international order and constitutional values and principles. This paper concludes by suggesting a proposal for constitutional amendment that includes the principle of non-regressivity of social rights in the Spanish Constitution establishing some requirements of those measures that imply a regression of their content such as: they shall be fully justified in relationship with all the rights, values and principles contained in the Constitution and in the international treaties signed by the Spanish State and in the context of full exploitation of the maximum resources available; Shall be

  2. 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

  3. 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

  4. 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.

  5. 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 ...

  6. Third-party protection and residual risk in Atomic Energy Act. On legally dogmatic classification of paragraph 7 Atomic Energy Act in the jurisprudence of the Federal Constitutional Law and Federal Administrative Court

    International Nuclear Information System (INIS)

    Arndt, Hans-Wolfgang

    2012-01-01

    On 25th June 2009, the Council of the European Union has passed the directive 2009/71/EURATOM on a common framework for nuclear safety of nuclear installations. At first, the 12th Law amending the Atomic Energy Act supplements the Atomic Energy Act by regulations which implement the directive 2009/71/EURATIM into national law. In addition, paragraph 7 Atomic Energy Act introduces a new substantive obligation of the operators of nuclear power plants. The author of the contribution reports on whether paragraph 7 Atomic Energy Act provides additional nuclear protection or reduces the potential protection by law and jurisprudence.

  7. 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)

  8. 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

  9. Comparison of collisionless macroscopic models and application to the ion-electron instability

    International Nuclear Information System (INIS)

    Ahedo, E.; Lapuerta, V.

    2001-01-01

    In a first part, different macroscopic models of linear Landau damping are compared using a concise one-dimensional (1-D) collisionless formulation. The three-moment model of Chang and Callen (CC) [Phys. Fluids B 4, 1167 (1992)] with two closure relations (complex in the Fourier space) for the viscous stress and the heat conduction is found to be equivalent to the two-moment model of Stubbe-Sukhorukov (SS) [Phys. Plasmas 6, 2976 (1999)], which uses a single (complex) closure relation for the pressure. The comparison of the respective closure relations favors clearly the SS pressure law, which associates an anomalous resistivity to the Landau damping. In a second part, a macroscopic interpretation, with the SS model, of the ion-electron instability shows its resistive character for low and intermediate drift velocities, and the transition to the reactive Buneman limit. The pressure law for the electrons is found to verify a simple law, whereas approximate laws are discussed for the ion pressure. These laws are used to close a macroscopic model for stability analyses of nonhomogeneous plasma structures, where SS and CC models are not applicable easily

  10. 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...

  11. 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...

  12. Macroscopic averages in Qed in material media

    International Nuclear Information System (INIS)

    Dutra, S.M.; Furuya, K.

    1997-01-01

    The starting point of macroscopic theories of quantum electrodynamics in material media is usually the classical macroscopic Maxwell equations that are then quantized. Such approach however, is based on the assumption that a macroscopic description is attainable, i.e., it assumes that we can describe the effect of the atoms of material on the field only in terms of a dielectric constant in the regime where the field has to be treated quantum mechanically. The problem we address is whether this assumption is valid at all and if so, under what conditions. We have chosen a simple model, which allows us to start from first principles and determine the validity of these approximations, without simply taking them for granted as in previous papers

  13. Conversion of light into macroscopic helical motion

    Science.gov (United States)

    Iamsaard, Supitchaya; Aßhoff, Sarah J.; Matt, Benjamin; Kudernac, Tibor; Cornelissen, Jeroen J. L. M.; Fletcher, Stephen P.; Katsonis, Nathalie

    2014-03-01

    A key goal of nanotechnology is the development of artificial machines capable of converting molecular movement into macroscopic work. Although conversion of light into shape changes has been reported and compared to artificial muscles, real applications require work against an external load. Here, we describe the design, synthesis and operation of spring-like materials capable of converting light energy into mechanical work at the macroscopic scale. These versatile materials consist of molecular switches embedded in liquid-crystalline polymer springs. In these springs, molecular movement is converted and amplified into controlled and reversible twisting motions. The springs display complex motion, which includes winding, unwinding and helix inversion, as dictated by their initial shape. Importantly, they can produce work by moving a macroscopic object and mimicking mechanical movements, such as those used by plant tendrils to help the plant access sunlight. These functional materials have potential applications in micromechanical systems, soft robotics and artificial muscles.

  14. 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 ...

  15. UNDERSTANDING INFORMAL CONSTITUTIONAL CHANGE

    Directory of Open Access Journals (Sweden)

    Stephen M. Griffin

    2016-01-01

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

  16. Reversible optical control of macroscopic polarization in ferroelectrics

    Science.gov (United States)

    Rubio-Marcos, Fernando; Ochoa, Diego A.; Del Campo, Adolfo; García, Miguel A.; Castro, Germán R.; Fernández, José F.; García, José E.

    2018-01-01

    The optical control of ferroic properties is a subject of fascination for the scientific community, because it involves the establishment of new paradigms for technology1-9. Domains and domain walls are known to have a great impact on the properties of ferroic materials1-24. Progress is currently being made in understanding the behaviour of the ferroelectric domain wall, especially regarding its dynamic control10-12,17,19. New research is being conducted to find effective methodologies capable of modulating ferroelectric domain motion for future electronics. However, the practical use of ferroelectric domain wall motion should be both stable and reversible (rewritable) and, in particular, be able to produce a macroscopic response that can be monitored easily12,17. Here, we show that it is possible to achieve a reversible optical change of ferroelectric domains configuration. This effect leads to the tuning of macroscopic polarization and its related properties by means of polarized light, a non-contact external control. Although this is only the first step, it nevertheless constitutes the most crucial one in the long and complex process of developing the next generation of photo-stimulated ferroelectric devices.

  17. A Review on Macroscopic Pedestrian Flow Modelling

    Directory of Open Access Journals (Sweden)

    Anna Kormanová

    2013-12-01

    Full Text Available This paper reviews several various approaches to macroscopic pedestrian modelling. It describes hydrodynamic models based on similarity of pedestrian flow with fluids and gases; first-order flow models that use fundamental diagrams and conservation equation; and a model similar to LWR vehicular traffic model, which allows non-classical shocks. At the end of the paper there is stated a comparison of described models, intended to find appropriate macroscopic model to eventually be a part of a hybrid model. The future work of the author is outlined.

  18. Macroscopic effects in attosecond pulse generation

    International Nuclear Information System (INIS)

    Ruchon, T; Varju, K; Mansten, E; Swoboda, M; L'Huillier, A; Hauri, C P; Lopez-Martens, R

    2008-01-01

    We examine how the generation and propagation of high-order harmonics in a partly ionized gas medium affect their strength and synchronization. The temporal properties of the resulting attosecond pulses generated in long gas targets can be significantly influenced by macroscopic effects, in particular by the intensity in the medium and the degree of ionization which control the dispersion. Under some conditions, the use of gas targets longer than the absorption length can lead to the generation of compressed attosecond pulses. We show these macroscopic effects experimentally, using a 6 mm-long argon-filled gas cell as the generating medium

  19. Macroscopic effects in attosecond pulse generation

    Energy Technology Data Exchange (ETDEWEB)

    Ruchon, T; Varju, K; Mansten, E; Swoboda, M; L' Huillier, A [Department of Physics, Lund University, PO Box 118, SE-221 00 Lund (Sweden); Hauri, C P; Lopez-Martens, R [Laboratoire d' Optique Appliquee, Ecole Nationale Superieure des Techniques Avancees (ENSTA)-Ecole Polytechnique CNRS UMR 7639, 91761 Palaiseau (France)], E-mail: anne.lhuillier@fysik.lth.se

    2008-02-15

    We examine how the generation and propagation of high-order harmonics in a partly ionized gas medium affect their strength and synchronization. The temporal properties of the resulting attosecond pulses generated in long gas targets can be significantly influenced by macroscopic effects, in particular by the intensity in the medium and the degree of ionization which control the dispersion. Under some conditions, the use of gas targets longer than the absorption length can lead to the generation of compressed attosecond pulses. We show these macroscopic effects experimentally, using a 6 mm-long argon-filled gas cell as the generating medium.

  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. Inverted rank distributions: Macroscopic statistics, universality classes, and critical exponents

    Science.gov (United States)

    Eliazar, Iddo; Cohen, Morrel H.

    2014-01-01

    An inverted rank distribution is an infinite sequence of positive sizes ordered in a monotone increasing fashion. Interlacing together Lorenzian and oligarchic asymptotic analyses, we establish a macroscopic classification of inverted rank distributions into five “socioeconomic” universality classes: communism, socialism, criticality, feudalism, and absolute monarchy. We further establish that: (i) communism and socialism are analogous to a “disordered phase”, feudalism and absolute monarchy are analogous to an “ordered phase”, and criticality is the “phase transition” between order and disorder; (ii) the universality classes are characterized by two critical exponents, one governing the ordered phase, and the other governing the disordered phase; (iii) communism, criticality, and absolute monarchy are characterized by sharp exponent values, and are inherently deterministic; (iv) socialism is characterized by a continuous exponent range, is inherently stochastic, and is universally governed by continuous power-law statistics; (v) feudalism is characterized by a continuous exponent range, is inherently stochastic, and is universally governed by discrete exponential statistics. The results presented in this paper yield a universal macroscopic socioeconophysical perspective of inverted rank distributions.

  2. Loi constitutive chimioplastique pour le beton expose aux hautes temperatures

    Science.gov (United States)

    Hammoud, Rabah

    degradation of exothermic origin. This experimental program puts emphasis on the fragile nature of the preheated concrete and demonstrates the non-applicability of two failure criteria often used in engineering calculation. An alternative is proposed and well-tested. Indeed, exposing the concrete to high temperature results in irreversible loss of stiffness as well as a loss of decohesion strength. These losses are, typically, expressed through semi-empirical relationships of the mechanical properties with temperature. Unfortunately, these relationships are inadequate because the direct impact of this degradation, on the macroscopic scale, can result in a dependency relationship between the elastic properties and the hydrates mass. Therefore, unlike traditional methods using conventional elasto-plastic models and adjusting certain parameters with local temperature, the proposed constitutive law that incorporates a function of dehydration similar to the softening index in chemo-plastics gives good results. An Etse and Willam similar criterion is used and modified for the occasion. Hardening and softening mechanisms are then needed to expand and contract the loading surface for defining the strength of the concrete on a wide range of dehydration processes. The direction and magnitude of a permanent deformation, core of the inelastic domain, are defined through the development of non-associated chemoplastic potential and new curve of ductility. The influence of hydrostatic pressure (dilatancy) and dehydration on the concrete behavior are taken into account in our model. The model is implemented in the Matlab(c) code. Strains and stresses generated in the concrete are now accurately predicted. To illustrate the capabilities of the developed model to predict the complex behavior of concrete exposed to high temperature, simulations are performed through numerical loading paths scenarios. The model is able to accurately reproduce all the experimental data.

  3. Constitutional Law--Irrebuttable Statutory Presemption of Student Non-Residency Held Violative of Due Process Clause of Fourteenth Amendment--Vlandis v. Kline, 93 S. Ct. 2230 (1973)

    Science.gov (United States)

    University of Richmond Law Review, 1974

    1974-01-01

    In the past the durational residence requirement in colleges and universities has been subject to constitutional challenge under the equal protection clause of the fourteenth amendment. The durational residence requirement in this case displays a further fourteenth amendment vulnerability--the contravention of procedural due process. (Author/PG)

  4. 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.

  5. 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

  6. Macroscopic optical response and photonic bands

    International Nuclear Information System (INIS)

    Pérez-Huerta, J S; Luis Mochán, W; Ortiz, Guillermo P; Mendoza, Bernardo S

    2013-01-01

    We develop a formalism for the calculation of the macroscopic dielectric response of composite systems made of particles of one material embedded periodically within a matrix of another material, each of which is characterized by a well-defined dielectric function. The nature of these dielectric functions is arbitrary, and could correspond to dielectric or conducting, transparent or opaque, absorptive and dispersive materials. The geometry of the particles and the Bravais lattice of the composite are also arbitrary. Our formalism goes beyond the long-wavelength approximation as it fully incorporates retardation effects. We test our formalism through the study of the propagation of electromagnetic waves in two-dimensional photonic crystals made of periodic arrays of cylindrical holes in a dispersionless dielectric host. Our macroscopic theory yields a spatially dispersive macroscopic response which allows the calculation of the full photonic band structure of the system, as well as the characterization of its normal modes, upon substitution into the macroscopic field equations. We can also account approximately for the spatial dispersion through a local magnetic permeability and analyze the resulting dispersion relation, obtaining a region of left handedness. (paper)

  7. Berkeley Experiments on Superfluid Macroscopic Quantum Effects

    International Nuclear Information System (INIS)

    Packard, Richard

    2006-01-01

    This paper provides a brief history of the evolution of the Berkeley experiments on macroscopic quantum effects in superfluid helium. The narrative follows the evolution of the experiments proceeding from the detection of single vortex lines to vortex photography to quantized circulation in 3He to Josephson effects and superfluid gyroscopes in both 4He and 3He

  8. Macroscopic sizes of field of superrelativistic charges

    International Nuclear Information System (INIS)

    Strel'tsov, V.N.

    1995-01-01

    Based on the equation of Lienard-Wiechert equipotentials, it is shown that the field of superrelativistic charges reaches macroscopic sizes (e.g., R || = 2 m at E e = 50 GeV). This phenomenon serves an initial cause of the known considerable growth of formation length at high energies. 3 refs., 1 tab

  9. On quantum mechanics for macroscopic systems

    International Nuclear Information System (INIS)

    Primas, H.

    1992-01-01

    The parable of Schroedinger's cat may lead to several up-to date questions: how to treat open systems in quantum theory, how to treat thermodynamically irreversible processes in the quantum mechanics framework, how to explain, following the quantum theory, the existence, phenomenologically evident, of classical observables, what implies the predicted existence by the quantum theory of non localized macroscopic material object ?

  10. 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.

  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. 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)

  13. 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 ...

  14. 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.

  15. Constitutive modeling of two phase materials using the Mean Field method for homogenization

    NARCIS (Netherlands)

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

    2010-01-01

    A Mean-Field homogenization framework for constitutive modeling of materials involving two distinct elastic-plastic phases is presented. With this approach it is possible to compute the macroscopic mechanical behavior of this type of materials based on the constitutive models of the constituent

  16. Investigate earing of TWIP steel sheet during deep-drawing process by using crystal plasticity constitutive model

    Directory of Open Access Journals (Sweden)

    Yang J.

    2015-01-01

    Full Text Available By combining the nonlinear finite element analysis techniques and crystal plasticity theory, the macroscopic mechanical behaviour of crystalline material, the texture evolution and earing-type characteristics are simulated accurately. In this work, a crystal plasticity model exhibiting deformation twinning is introduced based on crystal plasticity theory and saturation-type hardening laws for FCC metal Fe-22Mn-0.6C TWIP steel. Based on the CPFE model and parameters which have been determined for TWIP steel, a simplified finite element model for deep drawing is promoted by using crystal plasticity constitutive model. The earing characteristics in typical deep-drawing process are simulated well. Further, the drawing forces are calculated and compared to the experimental results from reference. Meanwhile, the impacts of drawing coefficient and initial texture on the earing characteristics are investigated for controlling the earing.

  17. [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.

  18. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  19. 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.

  20. Macroscopic and non-linear quantum games

    International Nuclear Information System (INIS)

    Aerts, D.; D'Hooghe, A.; Posiewnik, A.; Pykacz, J.

    2005-01-01

    Full text: We consider two models of quantum games. The first one is Marinatto and Weber's 'restricted' quantum game in which only the identity and the spin-flip operators are used. We show that this quantum game allows macroscopic mechanistic realization with the use of a version of the 'macroscopic quantum machine' described by Aerts already in 1980s. In the second model we use non-linear quantum state transformations which operate on points of spin-1/2 on the Bloch sphere and which can be used to distinguish optimally between two non-orthogonal states. We show that efficiency of these non-linear strategies out-perform any linear ones. Some hints on the possible theory of non-linear quantum games are given. (author)

  1. Bimodality in macroscopic dynamics of nuclear fission

    International Nuclear Information System (INIS)

    Bastrukov, S.I.; Salamatin, V.S.; Strteltsova, O.I.; Molodtsova, I.V.; Podgainy, D.V.; )

    2000-01-01

    The elastodynamic collective model of nuclear fission is outlined whose underlying idea is that the stiff structure of nuclear shells imparts to nucleus properties typical of a small piece of an elastic solid. Emphasis is placed on the macroscopic dynamics of nuclear deformations resulting in fission by two energetically different modes. The low-energy S-mode is the fission due to disruption of elongated quadrupole spheroidal shape. The characteristic features of the high-energy T-mode of division by means of torsional shear deformations is the compact scission configuration. Analytic and numerical estimates for the macroscopic fission-barrier heights are presented, followed by discussion of fingerprints of the above dynamical bimodality in the available data [ru

  2. 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

  3. Culture (and religion in constitutional adjudication

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    2003-10-01

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

  4. Testing quantum behaviour at the macroscopic level

    International Nuclear Information System (INIS)

    Ghirardi, G.C.

    1994-07-01

    We reconsider recent proposals to test macro realism versus quantum mechanics in experiments involving noninvasive measurement processes on a Squid. In spite of the fact that we are able to prove that the proposed experiments do not represent a test of macro realism but simply of macroscopic quantum coherence we call attention to their extreme conceptual relevance. We also discuss some recent criticisms which have been raised against the considered proposal and we show that they are not relevant. (author). 12 refs

  5. Microscopic and macroscopic models for pedestrian crowds

    OpenAIRE

    Makmul, Juntima

    2016-01-01

    This thesis is concerned with microscopic and macroscopic models for pedes- trian crowds. In the first chapter, we consider pedestrians exit choices and model human behaviour in an evacuation process. Two microscopic models, discrete and continuous, are studied in this chapter. The former is a cellular automaton model and the latter is a social force model. Different numerical test cases are investigated and their results are compared. In chapter 2, a hierarchy of models for...

  6. Macroscopic acoustoelectric charge transport in graphene

    Science.gov (United States)

    Bandhu, L.; Lawton, L. M.; Nash, G. R.

    2013-09-01

    We demonstrate macroscopic acoustoelectric transport in graphene, transferred onto piezoelectric lithium niobate substrates, between electrodes up to 500 μm apart. Using double finger interdigital transducers we have characterised the acoustoelectric current as a function of both surface acoustic wave intensity and frequency. The results are consistent with a relatively simple classical relaxation model, in which the acoustoelectric current is proportional to both the surface acoustic wave intensity and the attenuation of the wave caused by the charge transport.

  7. Thermomechanical macroscopic model of shape memory alloys

    International Nuclear Information System (INIS)

    Volkov, A.E.; Sakharov, V.Yu.

    2003-01-01

    The phenomenological macroscopic model of the mechanical behaviour of the titanium nickelide-type shape memory alloys is proposed. The model contains as a parameter the average phase shear deformation accompanying the martensite formation. It makes i possible to describe correctly a number of functional properties of the shape memory alloys, in particular, the pseudoelasticity ferroplasticity, plasticity transformation and shape memory effects in the stressed and unstressed samples [ru

  8. Macroscopic behaviour of a charged Boltzmann gas

    International Nuclear Information System (INIS)

    Banyai, L.; Gartner, P.; Protopopescu, V.

    1980-08-01

    We consider a classical charged gas (with self-consistent Coulomb interaction) described by a solvable linearized Boltzman equation with thermaljzation on unifopmly distributed scatterers. It is shown that jf one scales the time t, the reciprocal space coordinate k vector and the Debye length l as lambda 2 t, k vector/lambda, lambda l respectively, in the lambda→infinity limit the charge density is equal to the solution of the corresponding diffusion-conduction (macroscopic) equation. (author)

  9. Law before Gratian

    DEFF Research Database (Denmark)

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

  10. 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

  11. Active Polar Two-Fluid Macroscopic Dynamics

    Science.gov (United States)

    Pleiner, Harald; Svensek, Daniel; Brand, Helmut R.

    2014-03-01

    We study the dynamics of systems with a polar dynamic preferred direction. Examples include the pattern-forming growth of bacteria (in a solvent, shoals of fish (moving in water currents), flocks of birds and migrating insects (flying in windy air). Because the preferred direction only exists dynamically, but not statically, the macroscopic variable of choice is the macroscopic velocity associated with the motion of the active units. We derive the macroscopic equations for such a system and discuss novel static, reversible and irreversible cross-couplings connected to this second velocity. We find a normal mode structure quite different compared to the static descriptions, as well as linear couplings between (active) flow and e.g. densities and concentrations due to the genuine two-fluid transport derivatives. On the other hand, we get, quite similar to the static case, a direct linear relation between the stress tensor and the structure tensor. This prominent ``active'' term is responsible for many active effects, meaning that our approach can describe those effects as well. In addition, we also deal with explicitly chiral systems, which are important for many active systems. In particular, we find an active flow-induced heat current specific for the dynamic chiral polar order.

  12. Macroscopic nonclassical-state preparation via postselection

    Science.gov (United States)

    Montenegro, Víctor; Coto, Raúl; Eremeev, Vitalie; Orszag, Miguel

    2017-11-01

    Macroscopic quantum superposition states are fundamental to test the classical-quantum boundary and present suitable candidates for quantum technologies. Although the preparation of such states has already been realized, the existing setups commonly consider external driving and resonant interactions, predominantly by considering Jaynes-Cummings-like and beam-splitter-like interactions, as well as the nonlinear radiation pressure interaction in cavity optomechanics. In contrast to previous works on the matter, we propose a feasible probabilistic scheme to generate a macroscopic mechanical qubit, as well as phononic Schrödinger's cat states with no need of any energy exchange with the macroscopic mechanical oscillator. Essentially, we investigate an open dispersive spin-mechanical system in the absence of any external driving under nonideal conditions, such as the detrimental effects due to the oscillator and spin energy losses in a thermal bath at nonzero temperature. In our work, we show that the procedure to generate the mechanical qubit state is solely based on spin postselection in the weak to moderate coupling regime. Finally, we demonstrate that the mechanical superposition is related to the amplification of the mean values of the mechanical quadratures as they maximize the quantum coherence.

  13. Scanner-based macroscopic color variation estimation

    Science.gov (United States)

    Kuo, Chunghui; Lai, Di; Zeise, Eric

    2006-01-01

    Flatbed scanners have been adopted successfully in the measurement of microscopic image artifacts, such as granularity and mottle, in print samples because of their capability of providing full color, high resolution images. Accurate macroscopic color measurement relies on the use of colorimeters or spectrophotometers to provide a surrogate for human vision. The very different color response characteristics of flatbed scanners from any standard colorimetric response limits the utility of a flatbed scanner as a macroscopic color measuring device. This metamerism constraint can be significantly relaxed if our objective is mainly to quantify the color variations within a printed page or between pages where a small bias in measured colors can be tolerated as long as the color distributions relative to the individual mean values is similar. Two scenarios when converting color from the device RGB color space to a standardized color space such as CIELab are studied in this paper, blind and semi-blind color transformation, depending on the availability of the black channel information. We will show that both approaches offer satisfactory results in quantifying macroscopic color variation across pages while the semi-blind color transformation further provides fairly accurate color prediction capability.

  14. Text adopted no. 302. Little law, constitution of the 4 October 1958 twelve legislature ordinary session of 2003-2004. Law project adopted by the National Assembly in first reading, after urgency declaration of energy orientation; Texte adopte no. 302. Petite loi, constitution du 4 octobre 1958 douzieme legislature session ordinaire de 2003-2004. Projet de loi adopte par l'Assemblee Nationale en premiere lecture, apres declaration d'urgence, d'orientation sur l'energie

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2004-06-01

    This law project concerns the french national energy policy. It presents the government policy on four main axis: the energy independence with the energy supply safety, the environment quality with the fight against the greenhouse effect, the energy prices and the social aspects with the energy supply for all french people. By a presentation of the articles it provides information on the energy demand control, the renewable energies and the financial assistance. (A.L.B.)

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

    Directory of Open Access Journals (Sweden)

    Inmaculada López-Barajas Perea

    2017-03-01

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

  16. National assembly constitution of the 4. of october 1958 eleventh legislature. Law project relative to the openness and safety in nuclear matter; Assemblee Nationale constitution du 4 octobre 1958 onzieme legislature. Projet de loi relatif a la transparence et a la securite en matiere nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-07-01

    This law project is the first text submitted to the Parliament in order to given a general frame to nuclear activities. It refers to principles of other activities areas such precautionary principle, the polluter pays principle, and public information principle. It extends the information right of citizens by creating an access right to information held by the operators of nuclear activities. A transparency high committee about nuclear safety is created whom mission is to contribute to public information on nuclear activities and to guarantee its quality and reliability. (N.C.)

  17. 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.

  18. 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

  19. Outlines of environmental Law

    International Nuclear Information System (INIS)

    Salzwedel, J.

    1982-01-01

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

  20. Experimental demonstration of macroscopic quantum coherence in Gaussian states

    DEFF Research Database (Denmark)

    Marquardt, C.; Andersen, Ulrik Lund; Leuchs, G.

    2007-01-01

    We witness experimentally the presence of macroscopic coherence in Gaussian quantum states using a recently proposed criterion [E. G. Cavalcanti and M. D. Reid, Phys. Rev. Lett. 97 170405 (2006)]. The macroscopic coherence stems from interference between macroscopically distinct states in phase...

  1. El Brexit y su impacto en la Europa de los derechos: el desafío británico al Derecho constitucional europeo // The Brexit and its impact on the Europe of human rights: the british challenge to European Constitutional Law.

    Directory of Open Access Journals (Sweden)

    Beatriz Tomás Mallén

    2017-12-01

    This essay critically examines the historical decision of withdrawal from the EU adopted in United Kingdom in the Brexit referendum of 23 June 2016 under a European Constitutional Law perspective. Indeed, the focus is put on the negative impact of the Brexit in building a Europe of human rights. From this point of view, the author highlights the United Kingdom’s permanent hesitation between a claim for the British supremacy and a need for strengthening a Common European Constitutional culture, by taking into account the dynamics of either «accession» or «partial out-puts» in relation to both the EU and the Council of Europe and their main human rights instruments. On the other hand, the paper submits to scrutiny the inconsistencies of the British Government’s official «Brexit White Paper» in the field of fundamental rights. The author concludes that the Brexit might be a wrong historic decision weakening the British Constitutional culture and, correlatively, an opportunity for the other EU Member States to optimize the European integration process as well as the quality of their own democratic regimes.

  2. 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

  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. 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.

  5. Mathematical modeling for laminar flow of power law fluid in porous media

    Energy Technology Data Exchange (ETDEWEB)

    Silva, Renato A.; Mesquita, Maximilian S. [Universidade Federal do Espirito Santo (UFES), Sao Mateus, ES (Brazil). Centro Universitario Norte do Espirito Santo. Dept. de Engenharias e Computacao

    2010-07-01

    In this paper, the macroscopic equations for laminar power-law fluid flow is obtained for a porous medium starting from traditional equations (Navier-Stokes). Then, the volume averaging is applied in traditional transport equations with the power-law fluid model. This procedure leads to macroscopic transport equations set for non-Newtonian fluid. (author)

  6. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  7. A constitutive theory of reacting electrolyte mixtures

    Science.gov (United States)

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

    2013-11-01

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

  8. The macroscopic harmonic oscillator and quantum measurements

    International Nuclear Information System (INIS)

    Hayward, R.W.

    1982-01-01

    A quantum mechanical description of a one-dimensional macroscopic harmonic oscillator interacting with its environment is given. Quasi-coherent states are introduced to serve as convenient basis states for application of a density matrix formalism to characterize the system. Attention is given to the pertinent quantum limits to the precision of measurement of physical observables that may provide some information on the nature of a weak classical force interacting with the oscillator. A number of ''quantum nondemolition'' schemes proposed by various authors are discussed. (Auth.)

  9. Macroscopic quantum tunneling of the magnetic moment

    Science.gov (United States)

    Tejada, J.; Hernandez, J. M.; del Barco, E.

    1999-05-01

    In this paper we review the work done on magnetic relaxation during the last 10 years on both single-domain particles and magnetic molecules and its contribution to the discovery of quantum tunneling of the magnetic moment (Chudnovsky and Tejada, Macroscopic Quantum tunneling of the Magnetic moment, Cambridge University press, Cambridge, 1998). We present first the theoretical expressions and their connection to quantum relaxation and secondly, we show and discuss the experimental results. Finally, we discuss very recent hysteresis data on Mn 12Ac molecules at extremely large sweeping rate for the external magnetic field which suggest the existence of quantum spin—phonon avalanches.

  10. Compressor Has No Moving Macroscopic Parts

    Science.gov (United States)

    Gasser, Max

    1995-01-01

    Compressor containing no moving macroscopic parts functions by alternating piston and valve actions of successive beds of magnetic particles. Fabricated easily because no need for precisely fitting parts rotating or sliding on each other. Also no need for lubricant fluid contaminating fluid to be compressed. Compressor operates continuously, eliminating troublesome on/off cycling of other compressors, and decreasing consumption of energy. Phased cells push fluid from bottom to top, adding increments of pressure. Each cell contains magnetic powder particles loose when electromagnet coil deenergized, but tightly packed when coil energized.

  11. Environmental law. 3. rev. ed.

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

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

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

    International Nuclear Information System (INIS)

    Lohse, S.; Doerner, E.

    1992-01-01

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

  13. Constitutionalization of Peruvian Law

    Directory of Open Access Journals (Sweden)

    César Landa

    2013-12-01

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

  14. Handbook for Military Justice and Civil Law

    National Research Council Canada - National Science Library

    2000-01-01

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

  15. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

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

  16. Macroscopic reality and the dynamical reduction program

    International Nuclear Information System (INIS)

    Ghirardi, G.C.

    1995-10-01

    With reference to recently proposed theoretical models accounting for reduction in terms of a unified dynamics governing all physical processes, we analyze the problem of working out a worldview accommodating our knowledge about natural phenomena. We stress the relevant conceptual differences between the considered models and standard quantum mechanics. In spite of the fact that both theories describe individual physical systems within a genuine Hilbert space framework, the nice features of spontaneous reduction theories drastically limit the class of states which are dynamically stable. This allows one to work out a description of the world in terms of a mass density function in ordinary configuration space. A topology based on this function and differing radically from the one characterizing the Hilbert space is introduced and in terms of it the idea of similarity of macroscopic situations is made precise. Finally it is shown how the formalism and the proposed interpretation yield a natural criterion for establishing the psychophysical parallelism. The conclusion is that, within the considered theoretical models and at the nonrelativistic level, one can satisfy all sensible requirements for a consistent, unified, and objective description of reality at the macroscopic level. (author). 16 refs

  17. Macroscopic description of isoscalar giant multipole resonances

    International Nuclear Information System (INIS)

    Nix, J.R.; Sierk, A.J.

    1980-01-01

    On the basis of a simple macroscopic model, we calculate the isoscalar giant-resonance energy as a function of mass number and multipole degree. The restoring force is determined from the distortion of the Fermi surface, and the inertia is determined for the incompressible, irrotational flow of nucleons with unit effective mass. With no adjustable parameters, the resulting closed expression reproduces correctly the available experimental data, namely the magnitude and dependence upon mass number of the giant quadrupole energy and the magnitude of the giant octupole energy for 208 Pb. We also calculate the isoscalar giant-resonance width as a function of mass number and multipole degree for various macroscopic damping mechanisms, including two-body viscosity, one-body dissipation, and modified one-body dissipation. None of these damping mechanisms reproduces correctly all features of the available experimental data, namely the magnitude and dependence upon mass number of the giant quadrupole width and the magnitude of the giant octupole width for 208 Pb

  18. Macroscopic quantum tunneling in Mn12-acetat

    International Nuclear Information System (INIS)

    Beiter, J.; Reissner, M.; Hilscher, G.; Steiner, W.; Pajic, D.; Zadro, K.; Bartel, M.; Linert, W.

    2004-01-01

    Molecules provide the exciting opportunity to study magnetism on the passage from atomic to macroscopic level. One of the most interesting effects in such mesoscopic systems is the appearance of quantum tunnelling of magnetization (MQT) at low temperatures. In the last decade molecular chemistry has had a large impact in this field by providing new single molecule magnets. They consist of small clusters exhibiting superparamagnetic behavior, similar to that of conventional nanomagnetic particles. The advantage of these new materials is that they form macroscopic samples consisting of regularly arranged small identical high-spin clusters which are widely separated by organic molecules. The lack of distributions in size and shape of the magnetic clusters and the very weak intercluster interaction lead in principle to only one barrier for the spin reversal. We present detailed magnetic investigations on a Mn 12 -ac single crystal. In this compound the tetragonal ordered clusters consist of a central tetrahedron of four Mn 4+ (S = 3/2) atoms surrounded by eight Mn 3+ (S = 2) atoms with antiparallel oriented spins, leading to an overall spin moment of S = 10. In the hysteresis loops nine different jumps at regularly spaced fields are identified in the investigated temperature range (1.5 < T < 3 K). At these fields the relaxation of moment due to thermal activation is superimposed by strong quantum tunnelling. In lowering the temperature the time dependence changes from thermally activated to thermally assisted tunnelling. (author)

  19. Macroscopic effects of the quantum trace anomaly

    International Nuclear Information System (INIS)

    Mottola, Emil; Vaulin, Ruslan

    2006-01-01

    The low energy effective action of gravity in any even dimension generally acquires nonlocal terms associated with the trace anomaly, generated by the quantum fluctuations of massless fields. The local auxiliary field description of this effective action in four dimensions requires two additional scalar fields, not contained in classical general relativity, which remain relevant at macroscopic distance scales. The auxiliary scalar fields depend upon boundary conditions for their complete specification, and therefore carry global information about the geometry and macroscopic quantum state of the gravitational field. The scalar potentials also provide coordinate invariant order parameters describing the conformal behavior and divergences of the stress tensor on event horizons. We compute the stress tensor due to the anomaly in terms of its auxiliary scalar potentials in a number of concrete examples, including the Rindler wedge, the Schwarzschild geometry, and de Sitter spacetime. In all of these cases, a small number of classical order parameters completely determine the divergent behaviors allowed on the horizon, and yield qualitatively correct global approximations to the renormalized expectation value of the quantum stress tensor

  20. Measurement contextuality is implied by macroscopic realism

    International Nuclear Information System (INIS)

    Chen Zeqian; Montina, A.

    2011-01-01

    Ontological theories of quantum mechanics provide a realistic description of single systems by means of well-defined quantities conditioning the measurement outcomes. In order to be complete, they should also fulfill the minimal condition of macroscopic realism. Under the assumption of outcome determinism and for Hilbert space dimension greater than 2, they were all proved to be contextual for projective measurements. In recent years a generalized concept of noncontextuality was introduced that applies also to the case of outcome indeterminism and unsharp measurements. It was pointed out that the Beltrametti-Bugajski model is an example of measurement noncontextual indeterminist theory. Here we provide a simple proof that this model is the only one with such a feature for projective measurements and Hilbert space dimension greater than 2. In other words, there is no extension of quantum theory providing more accurate predictions of outcomes and simultaneously preserving the minimal labeling of events through projective operators. As a corollary, noncontextuality for projective measurements implies noncontextuality for unsharp measurements. By noting that the condition of macroscopic realism requires an extension of quantum theory, unless a breaking of unitarity is invoked, we arrive at the conclusion that the only way to solve the measurement problem in the framework of an ontological theory is by relaxing the hypothesis of measurement noncontextuality in its generalized sense.

  1. Macroscopic reality and the dynamical reduction program

    Energy Technology Data Exchange (ETDEWEB)

    Ghirardi, G C

    1995-10-01

    With reference to recently proposed theoretical models accounting for reduction in terms of a unified dynamics governing all physical processes, we analyze the problem of working out a worldview accommodating our knowledge about natural phenomena. We stress the relevant conceptual differences between the considered models and standard quantum mechanics. In spite of the fact that both theories describe individual physical systems within a genuine Hilbert space framework, the nice features of spontaneous reduction theories drastically limit the class of states which are dynamically stable. This allows one to work out a description of the world in terms of a mass density function in ordinary configuration space. A topology based on this function and differing radically from the one characterizing the Hilbert space is introduced and in terms of it the idea of similarity of macroscopic situations is made precise. Finally it is shown how the formalism and the proposed interpretation yield a natural criterion for establishing the psychophysical parallelism. The conclusion is that, within the considered theoretical models and at the nonrelativistic level, one can satisfy all sensible requirements for a consistent, unified, and objective description of reality at the macroscopic level. (author). 16 refs.

  2. 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

  3. 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...

  4. 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.…

  5. 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...

  6. 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...

  7. The second laws of quantum thermodynamics.

    Science.gov (United States)

    Brandão, Fernando; Horodecki, Michał; Ng, Nelly; Oppenheim, Jonathan; Wehner, Stephanie

    2015-03-17

    The second law of thermodynamics places constraints on state transformations. It applies to systems composed of many particles, however, we are seeing that one can formulate laws of thermodynamics when only a small number of particles are interacting with a heat bath. Is there a second law of thermodynamics in this regime? Here, we find that for processes which are approximately cyclic, the second law for microscopic systems takes on a different form compared to the macroscopic scale, imposing not just one constraint on state transformations, but an entire family of constraints. We find a family of free energies which generalize the traditional one, and show that they can never increase. The ordinary second law relates to one of these, with the remainder imposing additional constraints on thermodynamic transitions. We find three regimes which determine which family of second laws govern state transitions, depending on how cyclic the process is. In one regime one can cause an apparent violation of the usual second law, through a process of embezzling work from a large system which remains arbitrarily close to its original state. These second laws are relevant for small systems, and also apply to individual macroscopic systems interacting via long-range interactions. By making precise the definition of thermal operations, the laws of thermodynamics are unified in this framework, with the first law defining the class of operations, the zeroth law emerging as an equivalence relation between thermal states, and the remaining laws being monotonicity of our generalized free energies.

  8. Case law and administrative decisions

    International Nuclear Information System (INIS)

    Anon.

    2004-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Alexandra OANŢĂ (NACU

    2016-10-01

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

  10. INTERFERENCE WITH CONSTITUTION

    Indian Academy of Sciences (India)

    First page Back Continue Last page Overview Graphics. 86TH AMENDMENT. 86TH AMENDMENT. Snatched away right to early childhood care & pre-primary education for 17 crore children below 6 years of age. Made right to 6-14 age group conditional with phrase “as the State may, by law, determine”. Shifted State's ...

  11. Towards Viscoplastic Constitutive Models for Cosserat Rods

    OpenAIRE

    Dörlich Vanessa; Linn Joachim; Scheffer Tobias; Diebels Stefan

    2016-01-01

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

  12. Military Guilty Plea Inquiry: Some Constitutional Considerations.

    Science.gov (United States)

    1987-01-01

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

  13. Constitutive modeling of two-phase metallic composites with application to tungsten-based composite 93W–4.9Ni–2.1Fe

    International Nuclear Information System (INIS)

    Lu, W.R.; Gao, C.Y.; Ke, Y.L.

    2014-01-01

    The two-phase metallic composites, composed by the metallic particulate reinforcing phase and the metallic matrix phase, have attracted a lot of attention in recent years for their excellent material properties. However, the constitutive modeling of two-phase metallic composites is still lacking currently. Most used models for them are basically oriented for single-phase homogeneous metallic materials, and have not considered the microstructural evolution of the components in the composite. This paper develops a new constitutive model for two-phase metallic composites based on the thermally activated dislocation motion mechanism and the volume fraction evolution. By establishing the relation between microscopic volume fraction and macroscopic state variables (strain, strain rate and temperature), the evolution law of volume fraction during the plastic deformation in two-phase composites is proposed for the first time and introduced into the new model. Then the new model is applied to a typical two-phase tungsten-based composite – 93W–4.9Ni–2.1Fe tungsten heavy alloy. It has been found that our model can effectively describe the plastic deformation behaviors of the tungsten-based composite, because of the introduction of volume fraction evolution and the connecting of macroscopic state variables and micromechanical characteristics in the constitutive model. The model's validation by experimental data indicates that our new model can provide a satisfactory prediction of flow stress for two-phase metallic composites, which is better than conventional single-phase homogeneous constitutive models including the Johnson–Cook (JC), Khan–Huang–Liang (KHL), Nemat-Nasser–Li (NNL), Zerilli–Armstrong (ZA) and Voyiadjis–Abed (VA) models

  14. Law, Literature and Society

    Directory of Open Access Journals (Sweden)

    Ursula Miranda Bahiense de Lyra

    2016-06-01

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

  15. Coupling between Experimental Measurements and Finite Element Calculations for identification of crystallographic constitutive law. Application to zirconium alloys; Methode de couplage entre experimentations et simulations numeriques en vue de l'identification de lois de comportement intracristallin. Application aux alliages de zirconium

    Energy Technology Data Exchange (ETDEWEB)

    Dexet, M

    2006-10-15

    This thesis presents a methodology for multi scale coupling between the morphology and texture of a microstructure as has been characterised experimentally, and the results of mechanical strain field analysis. This methodology is based on a coupling between experimental characterisation of the microstructure, ex-situ mechanical tests, local strain field measurements performed at the grain scale, and finite element simulations. Then, a definition of a cost function is proposed in order to optimise the parameters of the crystallographic constitutive law. This method is applied to the studies of zirconium alloys in order to improve the understanding of their mechanical behaviour in relation with their microstructures, which is a key requirement for their use in the nuclear industries. This work was funded by the joint research program SMIRN between EDF, CEA and CNRS. (author)

  16. International Treaties Tax Law in Brazilian Law

    Directory of Open Access Journals (Sweden)

    Milena Zampieri Sellmann

    2016-06-01

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

  17. 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.

  18. Transport processes in macroscopically disordered media from mean field theory to percolation

    CERN Document Server

    Snarskii, Andrei A; Sevryukov, Vladimir A; Morozovskiy, Alexander; Malinsky, Joseph

    2016-01-01

    This book reflects on recent advances in the understanding of percolation systems to present a wide range of transport phenomena in inhomogeneous disordered systems. Further developments in the theory of macroscopically inhomogeneous media are also addressed. These developments include galvano-electric, thermoelectric, elastic properties, 1/f noise and higher current momenta, Anderson localization, and harmonic generation in composites in the vicinity of the percolation threshold. The book describes how one can find effective characteristics, such as conductivity, dielectric permittivity, magnetic permeability, with knowledge of the distribution of different components constituting an inhomogeneous medium. Considered are a wide range of recent studies dedicated to the elucidation of physical properties of macroscopically disordered systems. Aimed at researchers and advanced students, it contains a straightforward set of useful tools which will allow the reader to derive the basic physical properties of compli...

  19. 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.'

  20. 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.'

  1. 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.

  2. 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.

  3. Partitioning a macroscopic system into independent subsystems

    Science.gov (United States)

    Delle Site, Luigi; Ciccotti, Giovanni; Hartmann, Carsten

    2017-08-01

    We discuss the problem of partitioning a macroscopic system into a collection of independent subsystems. The partitioning of a system into replica-like subsystems is nowadays a subject of major interest in several fields of theoretical and applied physics. The thermodynamic approach currently favoured by practitioners is based on a phenomenological definition of an interface energy associated with the partition, due to a lack of easily computable expressions for a microscopic (i.e. particle-based) interface energy. In this article, we outline a general approach to derive sharp and computable bounds for the interface free energy in terms of microscopic statistical quantities. We discuss potential applications in nanothermodynamics and outline possible future directions.

  4. Quantum teleportation between stationary macroscopic objects

    Energy Technology Data Exchange (ETDEWEB)

    Bao, Xiao-Hui; Yuan, Zhen-Sheng; Pan, Jian-Wei [Physikalisches Institut, Universitaet Heidelberg (Germany); Hefei National Laboratory for Physical Sciences at Microscale, Department of Modern Physics, University of Science and Technology of China, Hefei (China); Xu, Xiao-Fan [Physikalisches Institut, Universitaet Heidelberg (Germany); Li, Che-Ming [Physikalisches Institut, Universitaet Heidelberg (Germany); Department of Physics, National Center for Theoretical Sciences, National Cheng Kung University, Tainan (China)

    2010-07-01

    Quantum teleportation is a process to transfer a quantum state of an object without transferring the state carrier itself. So far, most of the teleportation experiments realized are within the photonic regime. For the teleportation of stationary states, the largest system reported is a single ion. We are now performing an experiment to teleport the state of an macroscopic atomic cloud which consists about 10{sup 6} single atoms. In our experiment two atomic ensembles are utilized. In the first ensemble A we prepare the collective atomic state to be teleported using the quantum feedback technique. The second ensemble B is utilized to generate entanglement between it collective state with a scattered single-photon. Teleportation is realized by converting the atomic state of A to a single-photon and making a Bell state measurement with the scattered single-photon from ensemble B.

  5. Macroscopic balance model for wave rotors

    Science.gov (United States)

    Welch, Gerard E.

    1996-01-01

    A mathematical model for multi-port wave rotors is described. The wave processes that effect energy exchange within the rotor passage are modeled using one-dimensional gas dynamics. Macroscopic mass and energy balances relate volume-averaged thermodynamic properties in the rotor passage control volume to the mass, momentum, and energy fluxes at the ports. Loss models account for entropy production in boundary layers and in separating flows caused by blade-blockage, incidence, and gradual opening and closing of rotor passages. The mathematical model provides a basis for predicting design-point wave rotor performance, port timing, and machine size. Model predictions are evaluated through comparisons with CFD calculations and three-port wave rotor experimental data. A four-port wave rotor design example is provided to demonstrate model applicability. The modeling approach is amenable to wave rotor optimization studies and rapid assessment of the trade-offs associated with integrating wave rotors into gas turbine engine systems.

  6. Macroscopic quantum tunneling in a dc SQUID

    International Nuclear Information System (INIS)

    Chen, Y.C.

    1986-01-01

    The theory of macroscopic quantum tunneling is applied to a current-biased dc SQUID whose dynamics can be described by a two-dimensional mechanical system with a dissipative environment. Based on the phenomenological model proposed by Caldeira and Leggett, the dissipative environment is represented by a set of harmonic oscillators coupling to the system. After integrating out the environmental degrees of freedom, an effective Euclidean action is found for the two-dimensional system. The action is used to provide the quantum tunneling rate formalism for the dc SQUID. Under certain conditions, the tunneling rate reduces to that of a single current-biased Josephson junction with an adjustable effective critical current

  7. 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...

  8. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    be followed by all Muslims. This prophet teachesthe Muslims five basic rules they must strictly obey: prayer five times a day, gifts to the poor, faith inAllah, fasting in the month of Ramadan and pilgrimage to Mecca, at least once in a lifetime. The Koranexcludes the passage of laws by a legislative body, the divinity being the sole “authority” capable ofgoverning life in all its dimensions. However, on the other side, as it would have been expected due tothe old times when it was created, the Koran encouraged a series of injustices and limitations of thehuman rights, from a contemporary point of view; the Islamic law settled the inferiority of women inrelation to men. If in the 7th century the woman’s position in society was rather humble, the voice of theprophet Mohamed improved her condition, the woman becoming her husband’s “partner and closehelper”, and the development of the society led to the emancipation of the woman, especially due toexternal influences. After the beginning of the 19th century, the application area of the Sharia law wasreduced at first due to the western influence, but its proponents succeeded in reviving it, phenomenonknown as “the Islamic rebirth”. Thus, the penetration of modern education as well as the constitution ofnational States led to the acceptance of the introduction of the codes specific to the continental system.In some countries, the Islamic law was officially abolished – this is the case of Albany, Turkey and theformer USSR. International jurisdictions (Hague International Court, supranational (Strasbourg Courtof Human Rights, and even transnational ones (the one from Kosovo have already been created. In thelight of this international trend, legal systems interfere and tend towards external influence and evenglobalization. Given this context, we must mention the Universal Islamic Declaration of Human Rights(the 19th of September 1981, and the European Union – Islamic Conference Organization bilateralforum

  9. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

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

    2012-01-01

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

  10. 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

  11. Constitutionalism without Governance

    DEFF Research Database (Denmark)

    Afsah, Ebrahim

    2012-01-01

    There has been a lot of attention in recent years about improving the quality of legal systems in overseas jurisdictions. This is reflected in the growing proportion of rule of law components in development assistance and, especially, in post-conflict stabilisation missions. External actors...... endeavour to strengthen the role of international legal standards in the courts and, more broadly, the political life of societies emerging from violent conflict. Virtually all stabilisation missions contain today important rule of law components, a shift in emphasis that is mirrored in bilateral financial...... assistance. The international engagement in Afghanistan since December 2001 has been no exception, having placed a heavy emphasis on introducing international legal norms into the Afghan legal and political system....

  12. A constitution for AIDS.

    Science.gov (United States)

    Koshy, L M

    1996-01-15

    The Indian Health Organization projected the number of deaths per day due to AIDS by the year 2000 at 10,000. An interdisciplinary international conference was held in New Delhi to draft an international law governing the issues related to AIDS. Human freedom and public health policies are the most affected by this disease. In the absence of an international AIDS law, judicial verdicts set precedents and could have serious ramifications. A participant from the John Marshall Law School, Chicago, suggested that instead of making new laws, the existing ones from the colonial past should be repealed. This includes Section 377 of the Indian Penal Code, which provides criminal sanctions against those who indulge in unnatural relations with man, woman, or animal. Penalizing homosexuality will only perpetuate clandestine relations and spread the virus into their families. Another participant seconded this motion stating that even a sex worker must be protected from abuse and indignity. The National AIDS Control Organization responded to the criticism that the government had not utilized all the World Bank funds allocated for anti-AIDS projects. The trends of the epidemic were the most important indicators not just the numbers. In Manipur and Mizoram, infection was almost entirely due to injecting drug use. The Saheli project undertaken in the red-light areas of Bombay encompassed brothel owners and prostitutes, which could be replicated in other areas. Because existing government policies were focusing on prevention, there was no protection of an HIV-infected individual's privacy, one participant from Madras stated. The confidentiality issue was also echoed by a US participant. The New Delhi Declaration and Action Plan on HIV/AIDS was also discussed. It forbids discrimination in employment, education, housing, health care, social security, travel, and marital and reproductive rights. Providing sterile needles and ensuring the safety of the blood supply were other concerns

  13. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

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

  14. Models for universal reduction of macroscopic quantum fluctuations

    International Nuclear Information System (INIS)

    Diosi, L.

    1988-10-01

    If quantum mechanics is universal, then macroscopic bodies would, in principle, possess macroscopic quantum fluctuations (MQF) in their positions, orientations, densities etc. Such MQF, however, are not observed in nature. The hypothesis is adopted that the absence of MQF is due to a certain universal mechanism. Gravitational measures were applied for reducing MQF of the mass density. This model leads to classical trajectories in the macroscopic limit of translational motion. For massive objects, unwanted macroscopic superpositions of quantum states will be destroyed within short times. (R.P.) 34 refs

  15. Civil law

    NARCIS (Netherlands)

    Hesselink, M.W.; Gibbons, M.T.

    2014-01-01

    The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

  16. 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.

  17. Case law

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario; 2 - France: Council of State decision, 28 November 2014, Federation 'Reseau sortir du nucleaire' (Nuclear Phase-Out network) and others vs. Electricite de France (EDF), Request No. 367013 for the annulment of: - The resolution of the French Nuclear Safety Authority (ASN) dated 4 July 2011 specifying additional regulations for Electricite de France (EDF) designed to strengthen the reactor basemat of reactor No. 1 in the Fessenheim nuclear power plant, and - The resolution of ASN dated 19 December 2012 approving the start of work on reinforcing the reactor basemat in accordance with the dossier submitted by EDF; 3 - Germany: Judgment of the European Court of Justice on the nuclear fuel tax; 4 - India: Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010; 5 - Japan - District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP; 6 - Poland: Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository; Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal; 7 - Slovak Republic: Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant

  18. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

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

  19. Micromechanics and constitutive modeling of connective soft tissues.

    Science.gov (United States)

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

    2016-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Luis Andrés Fajardo Arturo

    2010-12-01

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

  1. Case law

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following case laws (United States): 1 - Virginia Uranium, Inc. v. Warren, 848 F.3d 590 (4. Cir. 2017): In the United States District Court for the Western District of Virginia, the plaintiffs, a collection of uranium mining companies and owners of land containing uranium deposits, challenged a Commonwealth of Virginia moratorium on conventional uranium mining. The plaintiffs alleged that the state moratorium was preempted by federal law under the Supremacy Clause of the US Constitution.; 2 - United States v. Energy Solutions, Inc.; Rockwell Holdco, Inc.; Andrews County; Holdings, Inc.; and Waste Control Specialists, LLC. (D. Del. June 21, 2017): In 2016, the United States, acting through the US Department of Justice, commenced an action in United States District Court in Delaware seeking to enjoin the acquisition of Waste Control Specialists, LLC (WCS) and its parent company by Energy Solutions, Inc., and its parent. WCS and Energy Solutions are competitors in the market for the disposal of low-level radioactive waste (LLRW) produced by commercial generators of such material. The United States alleged that the proposed acquisition was unlawful. 3 - Cooper v. Tokyo Electric Power Company, No. 15-56426 (9. Cir. 2017): The plaintiffs are US Navy service members who were deployed off the Japanese coast as part of the US effort to provide earthquake relief after the 9.0 earthquake and tsunami that struck Japan on 11 March 2011. Plaintiffs sued alleging 'that TEPCO was negligent in operating the Fukushima Daiichi Nuclear Power Plant and in reporting the extent of the radiation leak

  2. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  3. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

    Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

  4. Searching for the nanoscopic–macroscopic boundary

    Energy Technology Data Exchange (ETDEWEB)

    Velásquez, E.A. [GICM and GES Groups, Instituto de Física-FCEN, Universidad de Antioquia UdeA, Calle 70 No. 52-21 Medellín (Colombia); Grupo de Investigación en Modelamiento y Simulación Computacional, Universidad de San Buenaventura Sec. Medellín, A.A. 5222, Medellín (Colombia); Altbir, D. [Departamento de Física, Universidad de Santiago de Chile (USACH), CEDENNA, Santiago (Chile); Mazo-Zuluaga, J. [GICM and GES Groups, Instituto de Física-FCEN, Universidad de Antioquia UdeA, Calle 70 No. 52-21 Medellín (Colombia); Duque, L.F. [GICM and GES Groups, Instituto de Física-FCEN, Universidad de Antioquia UdeA, Calle 70 No. 52-21 Medellín (Colombia); Grupo de Física Teórica, Aplicada y Didáctica, Facultad de Ciencias Exactas y Aplicadas Instituto Tecnológico Metropolitano, Medellín (Colombia); Mejía-López, J., E-mail: jmejia@puc.cl [Facultad de Física, Pontificia Universidad Católica de Chile, CEDENNA, Santiago (Chile)

    2013-12-15

    Several studies have focused on the size-dependent properties of elements, looking for a unique definition of the nanoscopic–macroscopic boundary. By using a novel approach consisting of an energy variational method combined with a quantum Heisenberg model, here we address the size at which the ordering temperature of a magnetic nanoparticle reaches its bulk value. We consider samples with sizes in the range 1–500 nm, as well as several geometries and crystalline lattices and observe that, contrarily to what is commonly argued, the nanoscopic-microscopic boundary depends on both factors: shape and crystalline structure. This suggests that the surface-to-volume ratio is not the unique parameter that defines the behavior of a nanometric sample whenever its size increases reaching the bulk dimension. Comparisons reveal very good agreement with experimental evidence with differences less than 2%. Our results have broad implications for practical issues in measurements on systems at the nanometric scale. - Highlights: • A novel quantum-Heisenberg variational energy method is implemented. • The asymptotic behavior toward the thermodynamic limit is explored. • An important dependence of the nano-bulk boundary on the geometry is found. • And also an important dependence on the crystalline lattice. • We obtain a very good agreement with experimental evidence with differences <2%.

  5. Theory of superfluidity macroscopic quantum waves

    International Nuclear Information System (INIS)

    Ventura, I.

    1978-10-01

    A new description of superfluidity is proposed, based upon the fact that Bogoliubov's theory of superfluidity exhibits some so far unsuspected macroscopic quantum waves (MQWs), which have a topological nature and travel within the fluid at subsonic velocities. To quantize the bounded quasi-particles the field theoretic version of the Bohr-Sommerfeld quantization rule, is employed and also resort to a variational computation. In an instantaneous configuration the MQWs cut the condensate into blocks of phase, providing, by analogy with ferromagnetism, a nice explanation of what could be the lambda-transition. A crude estimate of the critical temperature gives T sub(c) approximately equal to 2-4K. An attempt is made to understand Tisza's two-fluid model in terms of the MQWs, and we rise the conjecture that they play an important role in the motion of second. We present also a qualitative prediction concerning to the behavior of the 'phononroton' peak below 1.0K, and propose two experiments to look for MQWs [pt

  6. Investigation of dissipative forces near macroscopic media

    International Nuclear Information System (INIS)

    Becker, R.S.

    1982-12-01

    The interaction of classical charged particles with the fields they induce in macroscopic dielectric media is investigated. For 10- to 1000-eV electrons, the angular perturbation of the trajectory by the image potential for surface impact parameters of 50 to 100 A is shown to be of the order of 0.001 rads over a distance of 100 A. The energy loss incurred by low-energy particles due to collective excitations such as surface plasmons is shown to be observable with a transition probability of 0.01 to 0.001 (Becker, et al., 1981b). The dispersion of real surface plasmon modes in planar and cylindrical geometries is discussed and is derived for pinhole geometry described in terms of a single-sheeted hyperboloid of revolution. An experimental apparatus for the measurement of collective losses for medium-energy electrons translating close to a dielectric surface is described and discussed. Data showing such losses at electron energies of 500 to 900 eV in silver foils containing many small apertures are presented and shown to be in good agreement with classical stopping power calculations and quantum mechanical calculations carried out in the low-velocity limit. The data and calculations are compared and contrasted with earlier transmission and reflection measurements, and the course of further investigation is discussed

  7. Classical behaviour of macroscopic bodies and quantum measurements

    International Nuclear Information System (INIS)

    Ghirardi, G.; Rimini, A.; Weber, T.

    1986-01-01

    This report describes a recent attempt of giving a consistent and unified description of microscopic and macroscopic phenomena. The model presented in this paper exhibits the nice features of leaving unaltered the quantum description of microsystems and of accounting for the classical behaviour of the macroscopic objects when their dynamical evolution is consistently deduced from the dynamics of their elementary constituents

  8. Macroscopic quantum tunnelling in a current biased Josephson junction

    International Nuclear Information System (INIS)

    Martinis, J.M.; Devoret, M.H.; Clarke, J.; Urbina, C.

    1984-11-01

    We discuss in this work an attempt to answer experimentally the question: do macroscopic variables obey quantum mechanics. More precisely, this experiment deals with the question of quantum-mechanical tunnelling of a macroscopic variable, a subject related to the famous Schrodinger's cat problem in the theory of measurement

  9. Constitution, 5 May 1989.

    Science.gov (United States)

    1989-01-01

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

  10. 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.

  11. 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.

  12. National simple: Constitutionality Analysis of Exclusions Sectorial

    Directory of Open Access Journals (Sweden)

    Guilherme Adolfo dos Santos Mendes

    2016-06-01

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

  13. A Democratic Ideal? From Judicial Activism to Constitutionalization of Law

    Directory of Open Access Journals (Sweden)

    Luisa Fernanda García López

    2013-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Alfredo Villavicencio Ríos

    2013-12-01

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

  15. Electrically and mechanically induced macroscopic body couple, a newly recognized phenomenon of electromechanical interaction

    International Nuclear Information System (INIS)

    Chen, P.J.

    1986-01-01

    Microscopically, when the molecules of certain materials are under the influence of external stimuli such as mechanical and electrical forces, several processes can happen. In particular, the centers of charge of the positive and negative ions of a molecule may displace with respect to each other. This notion leads to the macroscopic concept of polarization which has been exploited in the classical studies of piezoelectric and ferroelectric materials. In addition, the ions of the molecule may also rotate angularly relative to one another. Here an entirely new macroscopic concept of body couple which differs from the classical concept is introduced. It is shown that the simplest representations of the proposed constitutive relations lead to an equation within the context of the classical bending theory of thin plates whose solution is in remarkable agreement with recent experimental results concerning the bending of thin virgin ferroelectric ceramic discs under the action of small d.c. voltages. These experimental results cannot be explained by the classical notion of polarization. Therefore, the concept of macroscopic body couple introduced here is a fundamental feature which must be taken into account in the considerations of electromechanical interactions

  16. The Delinquencies of Juvenile Law: A Natural Law Analysis

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

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

  17. Experimental and Finite Element Analysis of Asymmetric Rolling of 6061 Aluminum Alloy Using Two-Scale Elasto-Plastic Constitutive Relation

    Directory of Open Access Journals (Sweden)

    Wronski M.

    2017-12-01

    Full Text Available The goal of this work was theoretical and experimental study of micro- and macroscopic mechanical fields of 6061 aluminum alloy induced by the asymmetric rolling process. Two-scale constitutive law was used by implementing an elasto-plastic self-consistent scheme into the Finite Element code (ABAQUS/Explicit. The model was applied to study the asymmetric rolling. Such a deformation process induces heterogeneous mechanical fields that were reproduced by the model thanks to the crystallographic nature of constitutive law used. The studied material was processed, at room temperature, in one rolling pass to 36% reduction. The resulting material modifications were compared with predictions of the two-scale model. Namely, the calculated textures were compared with experimental ones determined by X-ray diffraction. Especially, detailed quantitative analysis of texture variation across the sample thickness was done. The influence of this texture variation on plastic anisotropy was studied. The advantages of asymmetric rolling process over symmetric one were identified. The main benefits are a nearly homogeneous crystallographic texture, reduced rolling normal forces and homogenization of plastic anisotropy through the sample thickness.

  18. German constitutional law cases 2010-2012 / Katharina Berner

    Index Scriptorium Estoniae

    Berner, Katharina

    2013-01-01

    Saksamaa konstitutsioonikohtu praktikast aastatel 2010-2012. Hõlmab otsuseid andmete säilitamisest, samasooliste partnerluse õiguslikest nõuetest, ennetavast kinnipidamisest, Euroopa Parlamendi valimistest, euro päästepaketist ja professorite tasustamise süsteemist

  19. constitutional socio-economic rights and international law

    African Journals Online (AJOL)

    Oskar Gstrein

    2012-10-10

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

  20. Towards a theory of macroscopic gravity

    International Nuclear Information System (INIS)

    Zalaletdinov, R.M.

    1993-01-01

    By averaging out Cartan's structure equations for a four-dimensional Riemannian space over space regions, the structure equations for the averaged space have been derived with the procedure being valid on an arbitrary Riemannian space. The averaged space is characterized by a metric, Riemannian and non-Riemannian curvature 2-forms, and correlation 2-, 3- and 4-forms, an affine deformation 1-form being due to the non-metricity of one of two connection 1-forms. Using the procedure for the space-time averaging of the Einstein equations produces the averaged ones with the terms of geometric correction by the correlation tensors. The equations of motion for averaged energy momentum, obtained by averaging out the coritracted Bianchi identifies, also include such terms. Considering the gravitational induction tensor to be the Riemannian curvature tensor (the non-Riemannian one is then the field tensor), a theorem is proved which relates the algebraic structure of the averaged microscopic metric to that of the induction tensor. It is shown that the averaged Einstein equations can be put in the form of the Einstein equations with the conserved macroscopic energy-momentum tensor of a definite structure including the correlation functions. By using the high-frequency approximation of Isaacson with second-order correction to the microscopic metric, the self-consistency and compatibility of the equations and relations obtained are shown. Macrovacuum turns out to be Ricci non-flat, the macrovacuum source being defined in terms of the correlation functions. In the high-frequency limit the equations are shown to become Isaacson's ones with the macrovacuum source becoming Isaacson's stress tensor for gravitational waves. 17 refs

  1. Constitutive models in LAME.

    Energy Technology Data Exchange (ETDEWEB)

    Hammerand, Daniel Carl; Scherzinger, William Mark

    2007-09-01

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

  2. 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.

  3. NOTES ON ADMINISTRATIVE LAW: THE AMERICAN ...

    African Journals Online (AJOL)

    eliasn

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

  4. 32 CFR 537.5 - Applicable law.

    Science.gov (United States)

    2010-07-01

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

  5. Macroscopic behavior and microscopic magnetic properties of nanocarbon

    Energy Technology Data Exchange (ETDEWEB)

    Lähderanta, E., E-mail: Erkki.Lahderanta@lut.fi [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); Ryzhov, V.A. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); Petersburg Nuclear Physics Institute, NRC “Kurchatov Institute”, Orlova Coppice, Gatchina, Leningrad province 188300 (Russian Federation); Lashkul, A.V. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); Galimov, D.M. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); South Ural State University, 454080 Chelyabinsk (Russian Federation); Titkov, A.N. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); A. F. Ioffe Physico-Technical Institute, 194021 St. Petersburg (Russian Federation); Matveev, V.V. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); Saint-Petersburg State University, Saint-Petersburg 198504 (Russian Federation); Mokeev, M.V. [Institute of Macromolecular Compounds, Russian Academy of Sciences, St. Petersburg (Russian Federation); Kurbakov, A.I. [Petersburg Nuclear Physics Institute, NRC “Kurchatov Institute”, Orlova Coppice, Gatchina, Leningrad province 188300 (Russian Federation); Lisunov, K.G. [Lappeenranta University of Technology, PO Box 20, FIN-53851 Lappeenranta (Finland); Institute of Applied Physics ASM, Academiei Str., 5, MD 2028 Kishinev (Moldova, Republic of)

    2015-06-01

    Here are presented investigations of powder and glass-like samples containing carbon nanoparticles, not intentionally doped and doped with Ag, Au and Co. The neutron diffraction study reveals an amorphous structure of the samples doped with Au and Co, as well as the magnetic scattering due to a long-range FM order in the Co-doped sample. The composition and molecular structure of the sample doped with Au is clarified with the NMR investigations. The temperature dependence of the magnetization, M (T), exhibits large irreversibility in low fields of B=1–7 mT. M (B) saturates already above 2 T at high temperatures, but deviates from the saturation behavior below ~50 (150 K). Magnetic hysteresis is observed already at 300 K and exhibits a power-law temperature decay of the coercive field, B{sub c} (T). The macroscopic behavior above is typical of an assembly of partially blocked magnetic nanoparticles. The values of the saturation magnetization, M{sub s}, and the blocking temperature, T{sub b}, are obtained as well. However, the hysteresis loop in the Co-doped sample differs from that in other samples, and the values of B{sub c} and M{sub s} are noticeably increased. - Highlights: • We have investigated powder and glassy samples with carbon nanoparticles. • They include an undoped sample and those doped with Ag, Au and Co. • Neutron diffraction study reveals amorphous structure of Au- and Co-doped samples. • Composition and molecular structure of Au-doped sample was investigated with NMR. • Magnetic behavior is typical of an assembly of partially blocked magnetic nanoparticles.

  6. Macroscopic behavior and microscopic magnetic properties of nanocarbon

    International Nuclear Information System (INIS)

    Lähderanta, E.; Ryzhov, V.A.; Lashkul, A.V.; Galimov, D.M.; Titkov, A.N.; Matveev, V.V.; Mokeev, M.V.; Kurbakov, A.I.; Lisunov, K.G.

    2015-01-01

    Here are presented investigations of powder and glass-like samples containing carbon nanoparticles, not intentionally doped and doped with Ag, Au and Co. The neutron diffraction study reveals an amorphous structure of the samples doped with Au and Co, as well as the magnetic scattering due to a long-range FM order in the Co-doped sample. The composition and molecular structure of the sample doped with Au is clarified with the NMR investigations. The temperature dependence of the magnetization, M (T), exhibits large irreversibility in low fields of B=1–7 mT. M (B) saturates already above 2 T at high temperatures, but deviates from the saturation behavior below ~50 (150 K). Magnetic hysteresis is observed already at 300 K and exhibits a power-law temperature decay of the coercive field, B c (T). The macroscopic behavior above is typical of an assembly of partially blocked magnetic nanoparticles. The values of the saturation magnetization, M s , and the blocking temperature, T b , are obtained as well. However, the hysteresis loop in the Co-doped sample differs from that in other samples, and the values of B c and M s are noticeably increased. - Highlights: • We have investigated powder and glassy samples with carbon nanoparticles. • They include an undoped sample and those doped with Ag, Au and Co. • Neutron diffraction study reveals amorphous structure of Au- and Co-doped samples. • Composition and molecular structure of Au-doped sample was investigated with NMR. • Magnetic behavior is typical of an assembly of partially blocked magnetic nanoparticles

  7. Constitutional questions concerning the termination of nuclear energy utilization. The 13th law on the amendment of the atomic law in the frame of basic rights; Verfassungsfragen der Beendigung der Nutzung der Kernenergie. Das 13. Gesetz zur Aenderung des Atomgesetzes im Lichte der Grundrechte

    Energy Technology Data Exchange (ETDEWEB)

    Wieland, Joachim [Deutsche Univ. fuer Verwaltungswissenschaften, Speyer (Germany). Lehrstuhl fuer oeffentliches Recht, Finanz- und Steuerrecht

    2013-06-14

    The nuclear power phaseout in consequence of the nuclear disaster in Fukushima destroyed the expectation of high profits for the NPP owners based on the enacted lifetime extension. Neither professional freedom, nor the principle of property conservation, nor the rule of equality is violated by the termination of nuclear power utilization. The legislative authority was permitted to reverse the decision on the nuclear power utilization towards phaseout. The legislator could invoke its dynamic constitutional obligation for protection of life and physical integrity of the society. The legislator allows the operation of nuclear power plants only if according to the status of science and technology failures that could endanger life and health can practically be excluded. In consequence of the catastrophic accident in Fukushima hazards due to targeted airplane crashes could not be ruled out anymore.

  8. 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.

  9. Ecology and basic laws

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1980-01-01

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

  10. 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.

  11. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

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

  12. 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

  13. Ontoteleological Constitution of Entrepreneurship

    Directory of Open Access Journals (Sweden)

    Diego Luiz Teixeira Boava

    2017-06-01

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

  14. Technical rules in law

    Energy Technology Data Exchange (ETDEWEB)

    Debelius, J

    1978-08-01

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

  15. Technical rules in law

    International Nuclear Information System (INIS)

    Debelius, J.

    1978-01-01

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

  16. Rock salt constitutive modeling

    International Nuclear Information System (INIS)

    Nickell, R.E.

    1980-01-01

    The Serata model is the best operational model available today because it incorporates: (1) a yield function to demarcate between viscoelastic and viscoplastic behavior of rock salt; (2) a pressure and temperature dependence for yield stresses; and (3) a standard linear solid, which can be readily extended into the non-linear regime, to represent creep behavior. Its only deficiencies appear to be the lack of secondary creep behavior (a free dashpot) and some unsettling arbitrariness about the Poisson's ratio (ν → 0.5) argument for viscoplasticity. The Sandia/WIPP model will have good primary and secondary creep capability, but lacks the viscoplastic behavior. In some cases, estimated inelastic strains may be underpredicted. If a creep acceleration mechanism associated with brine inclusions is observed, this model may require extensive revision. Most of the other models available (SAI, RE-SPEC, etc.) are only useful for short-term calculations, because they employ temporal power law (t/sup n/) primary creep representations. These models are unsatisfactory because they cannot represent dual mechanisms with differing characteristic times. An approach based upon combined creep and plasticity is recommended in order to remove the remaining deficiency in the Serata model. DOE/Sandia/WIPP should be encouraged to move aggressively in this regard

  17. Engineering and the constitution. Technik und Verfassung

    Energy Technology Data Exchange (ETDEWEB)

    Herzog, R.

    1988-01-01

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

  18. 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...

  19. 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...

  20. Thermal activation and macroscopic quantum tunneling in a DC SQUID

    International Nuclear Information System (INIS)

    Sharifi, F.; Gavilano, J.L.; VanHarlingen, D.J.

    1989-01-01

    The authors report measurements of the transition rate from metastable minima in the two-dimensional 1 of a dc SQUID as a function of applied flux temperature. The authors observe a crossover from energy-activated escape to macroscopic quantum tunneling at a critical temperature. The macroscopic quantum tunneling rate is substantially reduced by damping, and also broadens the crossover region. Most interestingly, the authors observe thermal rates that are suppressed from those predicted by the two-dimensional thermal activation model. The authors discuss possible explanations for this based on the interaction of the macroscopic degree of freedom in the device and energy level effects

  1. 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

  2. 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.

  3. International law

    CERN Document Server

    Shaw, Malcolm N

    2017-01-01

    International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

  4. 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

  5. Measurement-Induced Macroscopic Superposition States in Cavity Optomechanics

    DEFF Research Database (Denmark)

    Hoff, Ulrich Busk; Kollath-Bönig, Johann; Neergaard-Nielsen, Jonas Schou

    2016-01-01

    A novel protocol for generating quantum superpositions of macroscopically distinct states of a bulk mechanical oscillator is proposed, compatible with existing optomechanical devices operating in the bad-cavity limit. By combining a pulsed optomechanical quantum nondemolition (QND) interaction...

  6. Thermodynamical properties and thermoelastic coupling of complex macroscopic structure

    International Nuclear Information System (INIS)

    Fabbri, M.; Sacripanti, A.

    1996-11-01

    Gross qualitative/quantitative analysis about thermodynamical properties and thermoelastic coupling (or elastocaloric effect) of complex macroscopic structure (running shoes) is performed by infrared camera. The experimental results showed the achievability of a n industrial research project

  7. Single-Phase Bundle Flows Including Macroscopic Turbulence Model

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Seung Jun; Yoon, Han Young [KAERI, Daejeon (Korea, Republic of); Yoon, Seok Jong; Cho, Hyoung Kyu [Seoul National University, Seoul (Korea, Republic of)

    2016-05-15

    To deal with various thermal hydraulic phenomena due to rapid change of fluid properties when an accident happens, securing mechanistic approaches as much as possible may reduce the uncertainty arising from improper applications of the experimental models. In this study, the turbulence mixing model, which is well defined in the subchannel analysis code such as VIPRE, COBRA, and MATRA by experiments, is replaced by a macroscopic k-e turbulence model, which represents the aspect of mathematical derivation. The performance of CUPID with macroscopic turbulence model is validated against several bundle experiments: CNEN 4x4 and PNL 7x7 rod bundle tests. In this study, the macroscopic k-e model has been validated for the application to subchannel analysis. It has been implemented in the CUPID code and validated against CNEN 4x4 and PNL 7x7 rod bundle tests. The results showed that the macroscopic k-e turbulence model can estimate the experiments properly.

  8. Dynamical fusion thresholds in macroscopic and microscopic theories

    International Nuclear Information System (INIS)

    Davies, K.T.R.; Sierk, A.J.; Nix, J.R.

    1983-01-01

    Macroscopic and microscopic results demonstrating the existence of dynamical fusion thresholds are presented. For macroscopic theories, it is shown that the extra-push dynamics is sensitive to some details of the models used, e.g. the shape parametrization and the type of viscosity. The dependence of the effect upon the charge and angular momentum of the system is also studied. Calculated macroscopic results for mass-symmetric systems are compared to experimental mass-asymmetric results by use of a tentative scaling procedure, which takes into account both the entrance-channel and the saddle-point regions of configuration space. Two types of dynamical fusion thresholds occur in TDHF studies: (1) the microscopic analogue of the macroscopic extra push threshold, and (2) the relatively high energy at which the TDHF angular momentum window opens. Both of these microscopic thresholds are found to be very sensitive to the choice of the effective two-body interaction

  9. Micro- and macroscopic photonic control of matter

    Science.gov (United States)

    Ryabtsev, Anton

    parameters. In order for measurements not to be skewed, these interactions need to be taken into account and mitigated at the time of the experiment or handled later in data analysis and simulations. Experimental results are presented in four chapters. Chapter 2 describes two topics: (1) single-shot real-time monitoring and correction of spectral phase drifts, which commonly originate from temperature and pointing fluctuations inside the laser cavity when the pulses are generated; (2) an all-optical method for controlling the dispersion of femtosecond pulses using other pulses. Chapter 3 focuses on the effects of the propagation media--how intense laser pulses modify media and how, in turn, the media modifies them back--and how these effects can be counteracted. Self-action effects in fused silica are discussed, along with some interesting and unexpected results. A method is then proposed for mitigating self-action processes using binary modulation of the spectral phases of laser pulses. Chapter 4 outlines the design of two laser systems, which are specifically tailored for particular spectroscopic applications and incorporate the comprehensive pulse control described in previous chapters. Chapter 5 shows how control of spatial beam characteristics can be applied to measurements of the mechanical motion of microscale particles and how it can potentially be applied to molecular motion. It also describes an experiment on laser-induced flow in air in which attempts were made to control the macroscopic molecular rotation of gases. My research, with a pulse shaper as the enabling tool, provides important insights into ultrafast scientific studies by making femtosecond laser research more predictable, reliable and practical for measurement and control. In the long term, some of the research methods in this thesis may help the transition of femtosecond lasers from the laboratory environment into clinics, factories, airports, and other everyday settings.

  10. Case Law

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

    Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism

  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. 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.

  13. 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...

  14. 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…

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

    Directory of Open Access Journals (Sweden)

    K Calitz

    2007-11-01

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

  16. Environmental law. 6. rev. and enlarged ed.

    International Nuclear Information System (INIS)

    1991-01-01

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

  17. 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...

  18. The Absolute and the Relative Dimensions of Constitutional Rights

    Czech Academy of Sciences Publication Activity Database

    Alexy, Robert

    2017-01-01

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

  19. The Practice of Informal Changes to the Ethiopian Constitution

    African Journals Online (AJOL)

    Nigussie Afesha

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

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

    Science.gov (United States)

    Shaughnessy, Mary Angela

    2009-01-01

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

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

    African Journals Online (AJOL)

    Nafiisah

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

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

    African Journals Online (AJOL)

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

  3. 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....

  4. 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.

  5. Environmental law

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1989-01-01

    This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

  6. 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.

  7. Thermodynamic properties of minerals: Macroscopic and microscopic approaches

    International Nuclear Information System (INIS)

    Richet, P.; Gillet, P.; Fiquet, G.

    1992-01-01

    Thermodynamic modeling of experimental or natural-phase equilibria has become an integral part of petrology. In this respect, the isobaric heat capacity (C p ) has manifold importance. First, C p data constitute the basis of third-law determinations of the entropy of minerals. Second, these data are needed to calculate the variation with temperature of the entropy, the entropy, and the Gibbs free energy. As a result, it necessary to know accurately heat capacities when retrieving thermodynamic information from phase equilibria data, especially when trying to separate the effects of the enthalpies and entropies of transformation. In this paper, we broadly review the main empiricial and theoretical aspects of the heat capacity of minerals. We begin with a brief review of the three main techniques that are currently in use for determining heat capacities from 0 to 2000 K, namely, adiabatic, differential scanning (DSC), and drop colarimetry, paying attention to the experimental constraints that limit measurements to certain conditions. When minerals can be subjected at best to limited calorimetric measurements, either because of lack of gram-sized samples or of instability at high temperatures (as if often the case with high-pressure minerals), other ways have to be found for predicting standard entropies and high-temperature properties. The validity of empiricial methods of prediction of the heat capacity as a function of temperature and composition will thus be discussed

  8. Divorce by consent in Roman law and contemporary law

    OpenAIRE

    Ignjatović Marija; Kitanović Tanja

    2013-01-01

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

  9. Microscopic to macroscopic depletion model development for FORMOSA-P

    International Nuclear Information System (INIS)

    Noh, J.M.; Turinsky, P.J.; Sarsour, H.N.

    1996-01-01

    Microscopic depletion has been gaining popularity with regard to employment in reactor core nodal calculations, mainly attributed to the superiority of microscopic depletion in treating spectral history effects during depletion. Another trend is the employment of loading pattern optimization computer codes in support of reload core design. Use of such optimization codes has significantly reduced design efforts to optimize reload core loading patterns associated with increasingly complicated lattice designs. A microscopic depletion model has been developed for the FORMOSA-P pressurized water reactor (PWR) loading pattern optimization code. This was done for both fidelity improvements and to make FORMOSA-P compatible with microscopic-based nuclear design methods. Needless to say, microscopic depletion requires more computational effort compared with macroscopic depletion. This implies that microscopic depletion may be computationally restrictive if employed during the loading pattern optimization calculation because many loading patterns are examined during the course of an optimization search. Therefore, the microscopic depletion model developed here uses combined models of microscopic and macroscopic depletion. This is done by first performing microscopic depletions for a subset of possible loading patterns from which 'collapsed' macroscopic cross sections are obtained. The collapsed macroscopic cross sections inherently incorporate spectral history effects. Subsequently, the optimization calculations are done using the collapsed macroscopic cross sections. Using this approach allows maintenance of microscopic depletion level accuracy without substantial additional computing resources

  10. Pollution law

    International Nuclear Information System (INIS)

    Triffterer, O.

    1980-01-01

    In the draft proposed by the legal advisory board the law for the controlling of environmental criminality was promulgated on 28th March 1980. The present commentary therefore - as seen from the results - corresponds in essential to the original assessment of the governmental draft. However, an introduction into the problems of environmental law precedes this commentary for the better unterstanding of all those not acquainted with pollution law and the whole legal matter. (orig./HP) [de

  11. 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.

  12. Optical approaches to macroscopic and microscopic engineering

    International Nuclear Information System (INIS)

    Bartolo, Paulo Jorge da Silva

    2001-01-01

    This research investigates the theoretical basis of a new photo-fabrication system. By this system, optical and thermal effects are used, together or separately, to locally induce a phase change in a liquid resin. This phase change phenomena is used to 'write' three-dimensional shapes. In addition, a thermal-kinetic model has been developed to correctly simulate the physical and chemical changes that occur in the bulk (and surroundings) of the material directly exposed to radiation and/or heat, and the rates at which these changes occur. Through this model, the law of conservation of energy describing the heat transfer phenomena is coupled with a kinetic model describing in detail the cure kinetics in both chemical and diffusion-controlled regimes. The thermal-kinetic model has been implemented using the finite element method. Linear rectangular elements have been considered and the concept of isoparametric formulation used. The Cranck-Nicolson algorithm has been used to integrate the system of equations, resulting from the finite element discretisation, with respect to time. Three different photo-fabrication processes were investigated. The first process uses ultraviolet radiation to cure a thermosetting polymer containing a certain amount of photo-initiator. The radiation generates free radicals by cleavage the initiator molecules, starting the chemical reaction. The second one uses ultraviolet radiation to start the curing reaction of a liquid thermosetting polymer containing a certain amount of photo-initiator. In this case, a heat source is also used to increase the temperature, and consequently, to increase the rate of gel formation and the fractional conversion, decreasing the necessary exposure time. Finally, the third system uses a thermosetting material containing small amounts of both thermal and photo-initiators. In this case ultraviolet radiation and heat are used to simultaneously start two types of chemical reactions: thermal-initiated and photo

  13. Lindy's Law

    Science.gov (United States)

    Eliazar, Iddo

    2017-11-01

    Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.

  14. 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.

  15. On the macroscopic modeling of dilute emulsions under flow in the presence of particle inertia

    Science.gov (United States)

    Mwasame, Paul M.; Wagner, Norman J.; Beris, Antony N.

    2018-03-01

    Recently, Mwasame et al. ["On the macroscopic modeling of dilute emulsions under flow," J. Fluid Mech. 831, 433 (2017)] developed a macroscopic model for the dynamics and rheology of a dilute emulsion with droplet morphology in the limit of negligible particle inertia using the bracket formulation of non-equilibrium thermodynamics of Beris and Edwards [Thermodynamics of Flowing Systems: With Internal Microstructure (Oxford University Press on Demand, 1994)]. Here, we improve upon that work to also account for particle inertia effects. This advance is facilitated by using the bracket formalism in its inertial form that allows for the natural incorporation of particle inertia effects into macroscopic level constitutive equations, while preserving consistency to the previous inertialess approximation in the limit of zero inertia. The parameters in the resultant Particle Inertia Thermodynamically Consistent Ellipsoidal Emulsion (PITCEE) model are selected by utilizing literature-available mesoscopic theory for the rheology at small capillary and particle Reynolds numbers. At steady state, the lowest level particle inertia effects can be described by including an additional non-affine inertial term into the evolution equation for the conformation tensor, thereby generalizing the Gordon-Schowalter time derivative. This additional term couples the conformation and vorticity tensors and is a function of the Ohnesorge number. The rheological and microstructural predictions arising from the PITCEE model are compared against steady-shear simulation results from the literature. They show a change in the signs of the normal stress differences that is accompanied by a change in the orientation of the major axis of the emulsion droplet toward the velocity gradient direction with increasing Reynolds number, capturing the two main signatures of particle inertia reported in simulations.

  16. 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

  17. Extended Macroscopic Study of Dilute Gas Flow within a Microcavity

    Directory of Open Access Journals (Sweden)

    Mohamed Hssikou

    2016-01-01

    Full Text Available The behaviour of monatomic and dilute gas is studied in the slip and early transition regimes using the extended macroscopic theory. The gas is confined within a two-dimensional microcavity where the longitudinal sides are in the opposite motion with constant velocity ±Uw. The microcavity walls are kept at the uniform and reference temperature T0. Thus, the gas flow is transported only by the shear stress induced by the motion of upper and lower walls. From the macroscopic point of view, the regularized 13-moment equations of Grad, R13, are solved numerically. The macroscopic gas proprieties are studied for different values of the so-called Knudsen number (Kn, which gives the gas-rarefaction degree. The results are compared with those obtained using the classical continuum theory of Navier-Stokes and Fourier (NSF.

  18. Bell-inequality tests with macroscopic entangled states of light

    Energy Technology Data Exchange (ETDEWEB)

    Stobinska, M. [Max Planck Institute for the Science of Light, Erlangen (Germany); Institute for Theoretical Physics II, Erlangen-Nuernberg University, Erlangen (Germany); Sekatski, P.; Gisin, N. [Group of Applied Physics, University of Geneva, Geneva (Switzerland); Buraczewski, A. [Faculty of Electronics and Information Technology, Warsaw University of Technology, Warsaw (Poland); Leuchs, G. [Max Planck Institute for the Science of Light, Erlangen (Germany); Institute for Optics, Information and Photonics, Erlangen-Nuernberg University, Erlangen (Germany)

    2011-09-15

    Quantum correlations may violate the Bell inequalities. Most experimental schemes confirming this prediction have been realized in all-optical Bell tests suffering from the detection loophole. Experiments which simultaneously close this loophole and the locality loophole are highly desirable and remain challenging. An approach to loophole-free Bell tests is based on amplification of the entangled photons (i.e., on macroscopic entanglement), for which an optical signal should be easy to detect. However, the macroscopic states are partially indistinguishable by classical detectors. An interesting idea to overcome these limitations is to replace the postselection by an appropriate preselection immediately after the amplification. This is in the spirit of state preprocessing revealing hidden nonlocality. Here, we examine one of the possible preselections, but the presented tools can be used for analysis of other schemes. Filtering methods making the macroscopic entanglement useful for Bell tests and quantum protocols are the subject of an intensive study in the field nowadays.

  19. Decoherence bypass of macroscopic superpositions in quantum measurement

    International Nuclear Information System (INIS)

    Spehner, Dominique; Haake, Fritz

    2008-01-01

    We study a class of quantum measurement models. A microscopic object is entangled with a macroscopic pointer such that a distinct pointer position is tied to each eigenvalue of the measured object observable. Those different pointer positions mutually decohere under the influence of an environment. Overcoming limitations of previous approaches we (i) cope with initial correlations between pointer and environment by considering them initially in a metastable local thermal equilibrium, (ii) allow for object-pointer entanglement and environment-induced decoherence of distinct pointer readouts to proceed simultaneously, such that mixtures of macroscopically distinct object-pointer product states arise without intervening macroscopic superpositions, and (iii) go beyond the Markovian treatment of decoherence. (fast track communication)

  20. Can We Advance Macroscopic Quantum Systems Outside the Framework of Complex Decoherence Theory?

    Science.gov (United States)

    Brezinski, Mark E; Rupnick, Maria

    2016-01-01

    Macroscopic quantum systems (MQS) are macroscopic systems driven by quantum rather than classical mechanics, a long studied area with minimal success till recently. Harnessing the benefits of quantum mechanics on a macroscopic level would revolutionize fields ranging from telecommunication to biology, the latter focused on here for reasons discussed. Contrary to misconceptions, there are no known physical laws that prevent the development of MQS. Instead, they are generally believed universally lost in complex systems from environmental entanglements (decoherence). But we argue success is achievable MQS with decoherence compensation developed, naturally or artificially, from top-down rather current reductionist approaches. This paper advances the MQS field by a complex systems approach to decoherence. First, why complex system decoherence approaches (top-down) are needed is discussed. Specifically, complex adaptive systems (CAS) are not amenable to reductionist models (and their master equations) because of emergent behaviour, approximation failures, not accounting for quantum compensatory mechanisms, ignoring path integrals, and the subentity problem. In addition, since MQS must exist within the context of the classical world, where rapid decoherence and prolonged coherence are both needed. Nature has already demonstrated this for quantum subsystems such as photosynthesis and magnetoreception. Second, we perform a preliminary study that illustrates a top-down approach to potential MQS. In summary, reductionist arguments against MQS are not justifiable. It is more likely they are not easily detectable in large intact classical systems or have been destroyed by reductionist experimental set-ups. This complex systems decoherence approach, using top down investigations, is critical to paradigm shifts in MQS research both in biological and non-biological systems. PMID:29200743

  1. 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.

  2. Plasmonic direct writing lithography with a macroscopical contact probe

    Science.gov (United States)

    Huang, Yuerong; Liu, Ling; Wang, Changtao; Chen, Weidong; Liu, Yunyue; Li, Ling

    2018-05-01

    In this work, we design a plasmonic direct writing lithography system with a macroscopical contact probe to achieve nanometer scale spots. The probe with bowtie-shaped aperture array adopts spring hinge and beam deflection method (BDM) to realize near-field lithography. Lithography results show that a macroscopical plasmonic contact probe can achieve a patterning resolution of around 75 nm at 365 nm wavelength, and demonstrate that the lithography system is promising for practical applications due to beyond the diffraction limit, low cost, and simplification of system configuration. CST calculations provide a guide for the design of recording structure and the arrangement of placing polarizer.

  3. Fluctuations in macroscopically agitated plasma:quasiparticles and effective temperature

    International Nuclear Information System (INIS)

    Sosenko, P.P.; Gresillon, D.

    1994-01-01

    Fluctuations in the plasma, in which macroscopic fluid-like motion is agitated due to large-scale and low-frequency electro-magnetic fields, are studied. Such fields can be produced by external factors or internally, for example due to turbulence. Fluctuation spectral distributions are calculated with regard to the renormalization of the transition probability for a test-particle and of the test-particle shielding. If the correlation length for the random fluid-like motion is large as compared to the fluctuation scale lengths, then the fluctuation spectral distributions can be explained in terms of quasiparticles originating from macroscopic plasma agitation and of an effective temperature

  4. Macroscopic and radiographic examination of proximal root surface caries

    International Nuclear Information System (INIS)

    Nordenram, G.; Bergvist, A.; Johnson, G.; Henriksen, C.O.; Anneroth, G.

    1988-01-01

    The purpose of the study was to compare macroscopic and radiographic examination of proximal root surface caries of extracted teeth from patients aged 65-95 years. Although the study conditions for macroscopic and radiographic diagnosis favored more sensitive evaluations than routine clinical conditions, there was a 24% disagreement in diagnosis. This finding indicates that under routine clinical conditions it is difficult to register with certainty all superficial root carious lesions. Even in the absence of clinically detectable root surface caries, preventive measures should be considered for elderly people with exposed root surfaces

  5. 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)

  6. 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.

  7. 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,.

  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. 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....

  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. Medical negligence and the law.

    Science.gov (United States)

    Murthy, K K S R

    2007-01-01

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

  12. Case law

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)

  13. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  14. 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

  15. 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

  16. From Particles in Steady State Shear Bands via Micro-Macro to Macroscopic Rheology Laws

    NARCIS (Netherlands)

    Luding, S.; Singh, A.; Roy, S.; Vescovi, D.; Weinhart, T.; Magnanimo, V.; Li, Xikui; Feng, Yuntian; Mustoe, Graham

    2017-01-01

    Particulate systems and granular matter are discrete systems made of many particles; they display interesting dynamic or static, fluid- or solid-like states, respectively, or both together. The challenge of bridging the gap between the particulate, microscopic picture towards their continuum

  17. On Macroscopic Quantum Phenomena in Biomolecules and Cells: From Levinthal to Hopfield

    Directory of Open Access Journals (Sweden)

    Dejan Raković

    2014-01-01

    Full Text Available In the context of the macroscopic quantum phenomena of the second kind, we hereby seek for a solution-in-principle of the long standing problem of the polymer folding, which was considered by Levinthal as (semiclassically intractable. To illuminate it, we applied quantum-chemical and quantum decoherence approaches to conformational transitions. Our analyses imply the existence of novel macroscopic quantum biomolecular phenomena, with biomolecular chain folding in an open environment considered as a subtle interplay between energy and conformation eigenstates of this biomolecule, governed by quantum-chemical and quantum decoherence laws. On the other hand, within an open biological cell, a system of all identical (noninteracting and dynamically noncoupled biomolecular proteins might be considered as corresponding spatial quantum ensemble of these identical biomolecular processors, providing spatially distributed quantum solution to a single corresponding biomolecular chain folding, whose density of conformational states might be represented as Hopfield-like quantum-holographic associative neural network too (providing an equivalent global quantum-informational alternative to standard molecular-biology local biochemical approach in biomolecules and cells and higher hierarchical levels of organism, as well.

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

    Science.gov (United States)

    Farquharson, Lauren

    2017-03-01

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

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

    Science.gov (United States)

    Khan, Anwar N.

    1993-01-01

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

  20. CULTURE, TRADITION, CUSTOM, LAW AND GENDER EQUALITY

    African Journals Online (AJOL)

    JMaluleke

    2005-10-18

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