scholarly journals The Role and Place of the Preamble in Lithuanian Constitutional Regulation

2015 ◽  
Vol 8 (2) ◽  
pp. 136-158
Author(s):  
Beinoravičius Darijus ◽  
Mesonis Gediminas ◽  
Vainiutė Milda
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Main Part ◽  
Historical Context ◽  
Structural Part ◽  
Legal Literature ◽  
Introductory Part ◽  
Constitutional Justice ◽  
Structural Parts ◽  
Political Principles

Abstract While analysing constitutions of various countries in the legal literature, typically not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state’s constitution has a unique structure, certain regularities can be discerned. The analysis of the structure of various constitutions leads to the conclusion that normally each constitution consists of the following standard structural parts: the preamble, the main part, the final, transitional or additional provisions, and in some constitutions there can also be annexes. The article confirms that most constitutions begin with an introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered a significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts the constitution. The preamble is not only a political, ideological, and/or philosophical category; it undoubtedly also carries a legal burden, therefore it is considered to have legal validity. Preambles are characterized as having a so-called higher style; they are usually formulated not in compliance with the requirements of legal technique.

Dynamics of the macromolecular composition of the biomass of microalgae in the morning under natural light. Model

2020 ◽  
pp. 45-52
Author(s):  
Alexander S. Lelekov ◽  
Anton V. Shiryaev
Keyword(s):  
Biochemical Composition ◽  
Initial Conditions ◽  
Natural Light ◽  
Photoautotrophic Growth ◽  
Structural Part ◽  
Basic Model ◽  
Microalgae Culture ◽  
Simulation Results ◽  
Structural Parts ◽  
Macromolecular Composition

The work is devoted to modeling the growth of optically dense microalgae cultures in natural light. The basic model is based on the idea of the two-stage photoautotrophic growth of microalgae. It is shown that the increase in the intensity of sunlight in the first half of the day can be described by a linear equation. Analytical equations for the growth of biomass of microalgae and its macromolecular components are obtained. As the initial conditions, it is assumed that at the time of sunrise, the concentration of reserve biomass compounds is zero. The simulation results show that after sunrise, the growth of the microalgae culture is due only to an increase in the reserve part of the biomass, while the structural part practically does not change over six hours. Changes in the ratio of the reserve and structural parts of the biomass indicate a change in the biochemical composition of cells.

Liberating Afghan Women

2004 ◽  
Vol 21 (3) ◽  
pp. 70-88 ◽  
Author(s):  
Nancy Gallagher
Keyword(s):  
United States ◽  
Human Rights ◽  
Historical Context ◽  
The United States ◽  
Political Organizations ◽  
Way Of Life ◽  
Afghan Women ◽  
The Media ◽  
Policy Priority

Public opinion in the United States and elsewhere celebrated the liberation of Afghan women following the defeat of the Taliban government. The United States promised to stay in Afghanistan and foster security, economic development, and human rights for all, especially women. After years of funding various anti- Soviet Mujahidin warlords, the United States had agreed to help reconstruct the country once before in 1992, when the Soviet-backed government fell, but had lost interest when the warlords began to fight among themselves. This time, however, it was going to be different. To date, however, conditions have not improved for most Afghan women and reconstruction has barely begun. How did this happen? This article explores media presentations of Afghan women and then compares them with recent reports from human rights organizations and other eyewitness accounts. It argues that the media depictions were built on earlier conceptions of Muslim societies and allowed us to adopt a romantic view that disguised or covered up the more complex historical context of Afghan history and American involvement in it. We allowed ourselves to believe that Afghans were exotic characters who were modernizing or progressing toward a western way of life, despite the temporary setback imposed by the Taliban government. In Afghanistan, however, there was a new trope: the feminist Afghan woman activist. Images of prominent Afghan women sans burqa were much favored by the mass media and American policymakers. The result, however, was not a new focus on funding feminist political organizations or making women’s rights a foreign policy priority; rather, it was an unwillingness to fulfill obligations incurred during decades of American-funded mujahidin warfare, to face the existence of deteriorating conditions for women, resumed opium cultivation, and a resurgent Taliban, or to commit to a multilateral approach that would bring in the funds and expertise needed to sustain a long-term process of reconstruction.

Proportionality Balancing and Constitutional Governance

2019 ◽  
Author(s):  
Alec Stone Sweet ◽  
Jud Mathews
Keyword(s):  
Human Rights ◽  
Rights Protection ◽  
Law And Politics ◽  
Constitutional State ◽  
International Court ◽  
Wide Range ◽  
Constitutional Justice ◽  
Proportionality Test ◽  
Basic Features

This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when they fail the proportionality test. The result has been a massive—and global—transformation of law and politics. The book explicates the concepts of “trusteeship,” the “system of constitutional justice,” the “effectiveness” of rights adjudication, and the “zone of proportionality.” A wide range of case studies analyze: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing “constitutional dialogues” with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the heart of governance in the modern constitutional state and beyond.

scholarly journals Towards Efficient Milling of Multi-Cavity Aeronautical Structural Parts Considering ACO-Based Optimal Tool Feed Position and Path

Micromachines ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 88
Author(s):  
Yupeng Xin ◽  
Yuanheng Li ◽  
Wenhui Li ◽  
Gangfeng Wang
Keyword(s):  
High Speed ◽  
Tool Path ◽  
Milling Process ◽  
Ant Colony ◽  
Machining Accuracy ◽  
Ant Colony Optimization Algorithm ◽  
Peripheral Milling ◽  
Structural Part ◽  
Milling Method ◽  
Structural Parts

Cavities are typical features in aeronautical structural parts and molds. For high-speed milling of multi-cavity parts, a reasonable processing sequence planning can significantly affect the machining accuracy and efficiency. This paper proposes an improved continuous peripheral milling method for multi-cavity based on ant colony optimization algorithm (ACO). Firstly, by analyzing the mathematical model of cavity corner milling process, the geometric center of the corner is selected as the initial tool feed position. Subsequently, the tool path is globally optimized through ant colony dissemination and pheromone perception for path solution of multi-cavity milling. With the advantages of ant colony parallel search and pheromone positive feedback, the searching efficiency of the global shortest processing path is effectively improved. Finally, the milling programming of an aeronautical structural part is taken as a sample to verify the effectiveness of the proposed methodology. Compared with zigzag milling and genetic algorithm (GA)-based peripheral milling modes in the computer aided manufacturing (CAM) software, the results show that the ACO-based methodology can shorten the milling time of a sample part by more than 13%.

European Court of Human Rights: Van Anraat v. The Netherlands

2010 ◽  
Vol 49 (5) ◽  
pp. 1268-1301
Author(s):  
Marten Zwanenburg ◽  
Guido Den Dekker
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
European Court

Unjustified text and the zero hour

1994 ◽  
Vol 7 (3) ◽  
pp. 243-252
Author(s):  
Robin Kinross
Keyword(s):  
The Netherlands ◽  
General Principle ◽  
Historical Context ◽  
Postwar Europe

This is the text of a lecture given at the conference on 'Design & reconstruction in postwar Europe', held at the Victoria & Albert Museum, London, in January 1994. It is an attempt to locate a general principle of design - unjustified setting of text - in a precise historical context. The discussion focusses on experiments and debates over unjustified text in the years around 1945, by designers in Switzerland, Britain, and the Netherlands.

scholarly journals Human Rights and Human Nature

2016 ◽  
Vol 28 (4) ◽  
pp. 523-534
Author(s):  
Jean Rhéaume
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Natural Law ◽  
Historical Context ◽  
Human Being ◽  
Positive Law

At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.

Modelling and Analysis of Integrated Hotforming and Quenching Processes

2005 ◽  
Vol 6-8 ◽  
pp. 787-794 ◽  
Author(s):  
D. Lorenz ◽  
Karl Roll
Keyword(s):  
Lightweight Design ◽  
Experimental Investigations ◽  
Boron Steel ◽  
General Tendency ◽  
The Finite Element Method ◽  
Contact Heat ◽  
Simulation Accuracy ◽  
Structural Part ◽  
Component Strength ◽  
Structural Parts

In the automotive industry a general tendency to choose steels with enhanced strength for structural parts can be observed. This trend results from the increased lightweight design efforts to satisfy the fleet consumption restrictions. Hot forming and quenching of boron steel offers the possibility to improve the component strength and reduce the weight of structural parts. The main influences on the process are described and a method to model and simulate this process using the finite element method using LS-DYNA is presented. Experimental investigations of the contact heat transfer have been carried out to enhance the simulation accuracy. A prototyping tool of a structural part is used to examine the process under production conditions. Temperatures of the tool and the part are measured during the process. These temperatures are compared with the simulation results in order to reevaluate the results of the process simulation.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

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