Citizenship in Abeyance

The Kingdom of Serbs, Croats and Slovenes was internationally recognized during the Paris Peace Conference in 1919-20. Even though there was neither a provisional nor a permanent constitution of the newly-formed state, factually there was a state as well as a system of governance, represented by supreme bodies, the King and the Parliament. Many draft constitutions were prepared by different political parties and notable individuals. We shall focus on the official Draft Constitution prepared during the premiership of Stojan Protic. He appointed the Drafting Committee as a governmental (multi-ethnic) advisory team of prominent legal experts from different parts of the new state consisting of Professors Slobodan Jovanovic (President), Kosta Kumanudi and Lazar Markovic (Serbia), Professor Ladislav Polic (Croatia) and Dr Bogumil Vosnjak (Slovenia). After two months of work, the Committee submitted its draft to the Prime Minister. The leading Serbian legal scholar and president of the committee, Slobodan Jovanovic (1869-1958), was well-acquainted with the details of Austro-Hungarian and German legal traditions. Since he was an active participant and witness of the events that led to the creation of the new state, while also being an objective and critical historian, it is important to shed light on his firsthand account of the emergence of the state of Serbs, Croats and Slovenes.

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New species of Arthoniales from NE Brazil

The Lichenologist ◽

10.1017/s0024282913000236 ◽

2013 ◽

Vol 45 (5) ◽

pp. 611-617 ◽

Cited By ~ 10

Author(s):

Aline Anjos MENEZES ◽

Edvaneide Leandro de LIMA ◽

Amanda Barreto XAVIER-LEITE ◽

Leonor Costa MAIA ◽

André APTROOT ◽

...

Keyword(s):

New Species ◽

National Park ◽

The State ◽

The Third ◽

Caatinga Vegetation ◽

First Impression ◽

First Time ◽

Chapada Do Araripe

AbstractThe new species Coniarthonia aurata E. L. Lima, M. Cáceres & Aptroot, Cresponea endosulphurea A. A. Menezes, M. Cáceres & Aptroot, Cryptothecia macrocephala E. L. Lima, M. Cáceres & Aptroot, and Synarthonia sarcographoides Aptroot, A. A. Menezes, E. L. Lima & M. Cáceres are described from Caatinga vegetation in NE Brazil. They were found in the Chapada do Araripe in the state of Ceará and/or the Vale do Catimbau National Park in Pernambuco. Coniarthonia aurata has weakly organized, semiglobose apothecia with golden crystals, and on first impression looks like the anamorph of a Tylophoron. Cresponea endosulphurea has a pigment of the group of xantholepinones in the thallus. It is the first time that a substance from this group is reported from the Arthoniales. Cryptothecia macrocephala has strongly macrocephalic ascospores and contains psoromic acid in the thallus. Synarthonia sarcographoides is only the third species in this rarely found genus. It is characterized within the genus by muriform, brown ascospores, but it is assigned with hesitation to the genus. It is locally quite common.

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The Constitution, The State and the European Union

Cambridge yearbook of European legal studies ◽

10.5235/152888712802731188 ◽

2006 ◽

Vol 8 ◽

pp. 37-58

Author(s):

NW Barber

Keyword(s):

European Union ◽

The State ◽

European Convention ◽

The European Union ◽

Draft Constitution

Is the european Union a state? Does it possess a constitution? And, accompanying these conundrums, if the Union lacks these characteristics, should we seek to confer them on it? There are some questions which are easier to answer than to understand, and questions about the statehood and constitution of the Union are of this nature. Pragmatic scholars have tended to dispose of such matters briskly; confident that their answers were correct, even if unsure of the basis for their confidence. The decision to entitle the product of the European Convention a ‘constitution’ has given these questions new significance. A small portion, at the very least, of the confused debate surrounding the Draft Constitution has been caused by the murky relationship between constitutions and states, and the implications that flow from statehood.

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People v. Palmer: Amnesia and Competency to Proceed Revisited

The Journal of Psychiatry & Law ◽

10.1177/009318530303100203 ◽

2003 ◽

Vol 31 (2) ◽

pp. 165-185

Author(s):

Robert D. Miller

Keyword(s):

Supreme Court ◽

Case Law ◽

Competency To Stand Trial ◽

The State ◽

Detailed Review ◽

Court Of Appeals ◽

First Impression ◽

The Subject

Claims of amnesia are quite common in defendants charged with serious crimes, and courts have rarely dealt adequately with the problem. The Colorado Court of Appeals and the Colorado Supreme Court recently did attempt to deal with the substantive issues in a case of first impression in the state. This article discusses those decisions in the context of a detailed review of the case law, clinical, and legal articles on the subject and concludes that, at least in the case of temporary amnesia, courts should defer final determinations of competency to stand trial until adequate efforts to evaluate and treat amnestic defendants have been made.

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The Constitution, The State and the European Union

Cambridge yearbook of European legal studies ◽

10.1017/s1528887000004651 ◽

2006 ◽

Vol 8 ◽

pp. 37-58

Author(s):

NW Barber

Keyword(s):

European Union ◽

The State ◽

European Convention ◽

The European Union ◽

Draft Constitution

Is the european Union a state? Does it possess a constitution? And, accompanying these conundrums, if the Union lacks these characteristics, should we seek to confer them on it? There are some questions which are easier to answer than to understand, and questions about the statehood and constitution of the Union are of this nature. Pragmatic scholars have tended to dispose of such matters briskly; confident that their answers were correct, even if unsure of the basis for their confidence. The decision to entitle the product of the European Convention a ‘constitution’ has given these questions new significance. A small portion, at the very least, of the confused debate surrounding the Draft Constitution has been caused by the murky relationship between constitutions and states, and the implications that flow from statehood.

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Circumventing the State? The Demands of Stateless Nations, National Minorities, and the European Constitution

Redefining Europe ◽

10.1163/9789401201926_010 ◽

2005 ◽

pp. 149-164

Keyword(s):

The State ◽

European Constitution ◽

National Minorities ◽

Stateless Nations

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PROVIDING A CONSTITUTIONAL FRAMEWORK FOR WITHDRAWAL FROM THE EU: ARTICLE 59 OF THE DRAFT EUROPEAN CONSTITUTION

International and Comparative Law Quarterly ◽

10.1093/iclq/53.2.407 ◽

2004 ◽

Vol 53 (2) ◽

pp. 407-428 ◽

Cited By ~ 5

Author(s):

J Friel Raymond

Keyword(s):

European Union ◽

Member State ◽

European Parliament ◽

European Council ◽

The European Union ◽

European Constitution ◽

Article 59 ◽

Qualified Majority ◽

The Eu ◽

Draft Constitution

After almost 50 years in existence in a variety of different forms, the EU finally has an express proposal on the table dealing with the potential withdrawal of a Member State. Article 59 of the draft Constitution states that any Member State may now ‘decide to withdraw from the European Union in accordance with its own constitutional requirements’.1 The Member State would have to formally notify the European Council of this decision. The Council and the Member State would then enter into negotiations on a mutually agreeable basis for withdrawal, including a framework for the future relationship between the EU and the Member State. The results of this negotiation would require approval by a qualified majority of the Council after obtaining the consent of the European Parliament.2 In any event, withdrawal would occur not later than two years following the notification unless extended by agreement between the Member State and the European Council.3

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The State Maternal and Child Health/Title V Agencies Support Breastfeeding: Surveillance and Programs

Breastfeeding Medicine ◽

10.1089/bfm.2010.0030 ◽

2010 ◽

Vol 5 (5) ◽

pp. 241-242

Author(s):

Vanessa A. White

Keyword(s):

Child Health ◽

Maternal And Child Health ◽

The State ◽

Title V ◽

And Child Health

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WHAT THE (EXPLETIVE) IS A “CONSTITUTION”?! ORDINARY CADRES CONFRONT THE 1954 PRC DRAFT CONSTITUTION

Journal of Chinese History ◽

10.1017/jch.2017.28 ◽

2017 ◽

Vol 2 (1) ◽

pp. 169-190 ◽

Cited By ~ 1

Author(s):

Neil J. Diamant

Keyword(s):

Real Time ◽

Critical Period ◽

The State ◽

Constitutional History ◽

Intellectual Origins ◽

History Of ◽

Legal Concepts ◽

Draft Constitution ◽

The Revolution

AbstractFollowing the history of western constitutional history, studies of Chinese constitutionalism have tended to focus on its intellectual origins, or, more commonly these days, its failure to restrain official behavior. Drawing upon new archival materials, this article takes a different tack. I zero in on a critical period of constitutional gestation, when officials read the 1954 constitution in draft form, posed questions about its text and suggested revisions. How did officials react when told that citizens, many of whom were recently persecuted, now enjoy “freedom of assembly”? These materials allow us to see “the state” in real time: How did officials understand core legal concepts such as “right,” “constitution” and “citizen” as well as their role in the new polity? In many respects, the discussion surrounding the draft constitution turned out to be a venue for officials to talk about the meaning of the revolution they had just experienced.

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The Draft Constitution of the Ukrainian People’s Republic of 1917: conditions of emergence, content, contemporary interpretations

Kyiv Historical Studies ◽

10.28925/2524-0757.2018.2.7380 ◽

2018 ◽

pp. 73-80

Author(s):

Andrii Pyzhyk ◽

Yurii Sliusarenko

Keyword(s):

The State ◽

State System ◽

Document Preparation ◽

Legal Analysis ◽

Normative Documents ◽

Historical Method ◽

Balance System ◽

National Minorities ◽

Central Council ◽

Draft Constitution

The Draft Constitution of the Ukrainian People’s Republic (UNR), was prepared by the Commission of the Central Council of Ukraine in December 1917, had almost not been reflected in contemporary Ukrainian historiography. The subject of the research is the results of the work of the Legal Document Preparation Commission, which gave a legitimacy to the restoration of the Ukrainian statehood and were embodied in the Draft Constitution of the UNR. The methodology of the article is determined by the requirements of historical and legal research. The method of comparative legal analysis of legislative acts and normative documents allows comparing the Draft Constitution of the UNR with the Statute on the State System, Rights and Freedoms of the UNR, worked out on the basis of the above mentioned Draft. The analysis of the constitutional draft was carried out taking into account the specific historical conditions and circumstances of its emergence, according to the historical method of the interpretation of law. The method of qualitative analysis of legal documents was used to scrutinize the norms enshrined in the Draft Constitution of the UNR. The usage of various research methods allows following the evolution of the constitutional entrenchment of the restoration of Ukrainian statehood in the Universals of the Central Council of Ukraine, in laws and constitutional documents, as well as presenting Mychailo grushevsky’s vision of components of the future constitution, his confidence in the democratic character of the Ukrainian state, giving an opportunity to analyze the draft Constitution of the UNR, published in December 1917, and comparing it with the Statute on the State System, Rights and Freedoms of the UNR, which was approved by the Small Council in April 1918. According to the constitutional draft, the UNR, consisting of 10 provinces, should become an autonomous part of the Russian Federal Republic. The Draft Constitution included also the principles of popular sovereignty, democratic system, the division of powers, the creation of check-and-balance system in the functioning of the authorities, judicial guarantees of the sovereignty of the Ukrainian republic, decentralization and development of self-government, protection of the citizen rights and the rights of national minorities.

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