Dabeisein ist alles: Zur Notwendigkeit körperlicher Anwesenheit im Parlament

2021 ◽  
Vol 52 (4) ◽  
pp. 742-757
Author(s):  
Sven Hölscheidt ◽  
Maria-Luisa Leonhardt
Keyword(s):  
Constitutional Amendment ◽  
Physical Presence ◽  
German Constitution ◽  
Made In

German parliamentary law is currently based on MPs being physically present in parlia­ment . This presence is especially indispensable for elections and votes . It cannot be replaced, even during the pandemic, by MPs participating remotely . To create the possibil­ity for parliamentary sessions to take place in whole or in part without a physical presence, the German constitution would have to be amended . Even creative interpretations of “pres­ence” do not make a constitutional amendment unnecessary . Parliaments should create the legal means to ensure functionality in times of crisis and such provisions for emergencies should be made in reasonably calm times .

The New Federalism and Direct Popular Election

1972 ◽  
Vol 34 (1) ◽  
pp. 3-15
Author(s):  
Walter Nicgorski
Keyword(s):  
Political Parties ◽  
Presidential Election ◽  
Constitutional Amendment ◽  
New Federalism ◽  
Before And After ◽  
Made In ◽  
The Way

Reforms usually spring from felt or threatened grievances, not from abstract considerations of institutional perfection. It is understandable then that Presidential election years regularly bring a renewal of more than ordinary interest in reforming the way the President is elected. Interest in reform of this kind was more widespread and intense than usual before and after the 1968 election. Changes have already been made in certain phases of the nomination processes of the major political parties. Nevertheless, the constitutional provisions and the laws governing the Presidential election itself remain unchanged. In 1969 and 1970, these provisions and laws were almost swept aside by a proposed constitutional amendment providing for direct popular election of the President.

scholarly journals Una nueva sentencia del TJUE sobre el concepto de residencia habitual en el marco del Reglamento 2201/2003: sentencia de 17 de octubre de 2018, UD y XB, AS. 393/18 PPU = A new ECJ judgment about the concept of habitual residence in the framework of Regulation 2201/2003: judgment 17 October 2018, UD v. XB, C. 393/18

2019 ◽  
Vol 11 (2) ◽  
pp. 462
Author(s):  
Beatriz Campuzano Díaz
Keyword(s):  
United Kingdom ◽  
Preliminary Ruling ◽  
Habitual Residence ◽  
English Court ◽  
The United Kingdom ◽  
Physical Presence ◽  
Made In

Resumen: Esta sentencia se refiere a la interpretación del art. 8 del Reglamento 2201/2003. La cuestión prejudicial la formuló un tribunal inglés en un procedimiento entre UD y XB, madre y padre de una menor nacida en Bangladés. Se cuestionó si la presencia física de la menor en el Reino Unido constituía un elemento necesario del concepto de residencia habitual, dado que nunca había estado en este país. La cuestión se formuló en un contexto muy particular, pues la menor nació en Bangladés debido a que la madre, supuestamente, estaba siendo retenida bajo coacción en este país por el padre.Palabras clave: residencia habitual, menor lactante, madre retenida bajo coacción en un tercer Estado.Abstract: This judgment refers to the interpretation of Article 8 of Regulation 2201/2003. The request for the preliminary ruling was made by an English court in a proceeding between UD and XB, mother and father of an infant, born in Bangladesh. The English court questioned whether physical presence was an intrinsic element of the concept of habitual residence, as the girl had never been in The United Kingdom. This question was made in a very particular context, as the child was born in Bangladesh because the mother, supposedly, was being kept through coercion in that country by the father.Keywords: habitual residence, infant, mother kept through coercion in a third State.

County and Township Government in 1935–36

1937 ◽  
Vol 31 (5) ◽  
pp. 884-913 ◽  
Author(s):  
Clyde F. Snider
Keyword(s):  
Local Government ◽  
The United States ◽  
Constitutional Amendment ◽  
Governmental Organization ◽  
The Past ◽  
Rural Government ◽  
Dark Continent ◽  
Local Areas ◽  
Township Government ◽  
Made In

Quite generally recognized is the fact that rural local government in the United States has failed to keep pace with the improvements in governmental organization and procedure which have been made in the national, state, and municipal fields. In 1917, the county was referred to as the “dark continent” of American politics—an appellation which might have been applied with equal propriety to the rural subdivisions of counties known as towns or townships. Today, after two decades, it must be admitted that rural government still lags in its rate of progress; yet it is not the unexplored jungle of twenty years ago. In several states, comprehensive surveys have been made with a view to reorganization, and during the past few years the depression has served to stimulate local-government consciousness where previously little interest was displayed in local affairs. In increasing numbers, attempts are being made, in some instances through constitutional amendment but more often by statutory enactment, to render our local areas, organization, and functions more adequate to present-day needs. Various extra-legal developments are taking place also. It is the purpose of this article to summarize the more significant developments in the field of county and township government during the years 1935 and 1936. While not all of these developments, when measured by principles of sound public administration, can be said to be in the direction of progress, a definite trend in that direction is clearly discernible.

Safeguarding the Petition in the Initiative and the Referendum

1916 ◽  
Vol 10 (3) ◽  
pp. 540-545
Author(s):  
F. W. Coker
Keyword(s):  
The State ◽  
Constitutional Amendment ◽  
Secretary Of State ◽  
Direct Legislation ◽  
Made In ◽  
First Session

As Ohio's first experience with the statewide initiative and referendum drew attention of students of direct legislation from all parts of the country and led to carefully worked out legislation for safeguarding petitions, I shall confine my attention in this discussion to the operation of safeguards in that State. The initiative and referendum were established by constitutional amendment in 1912. The amendment provides that only electors of the State are entitled to sign petitions, that each person must sign for himself, and that each part petition must contain an affidavit of the canvasser, stating that each of the signatures on such part was made in the presence of the affiant, that to the best of his knowledge and belief each signature is a genuine signature of the person whose name it purports to be, that he believes the persons who have signed it to be electors, and that they signed the petition with knowledge of its contents. The legislature in its first session following the adoption of the amendment passed a law prohibiting the giving or receiving of money for signing petitions, and requiring the circulators of petitions to file with the secretary of state, after election, a detailed statement of receipts and expenditures, with names and addresses of contributors and of persons receiving pay for circulating petitions, with amounts contributed or received by each. Neither the constitution nor the statute established further practical means to facilitate the prevention or detection of fraudulent practices in making or soliciting signatures.

scholarly journals An Assessment of Right to Fair Trial Under the Constitution of Pakistan, 1973: A Comparative Study of the US and Pakistan

2020 ◽  
Vol V (IV) ◽  
pp. 31-39
Author(s):  
Bakht Munir ◽  
Ali Nawaz Khan ◽  
Naveed Ahmed
Keyword(s):  
Comparative Study ◽  
19Th Century ◽  
Fair Trial ◽  
Equal Protection ◽  
Constitutional Amendment ◽  
New Methods ◽  
The Us ◽  
Us Constitution ◽  
Speedy Trial ◽  
Made In

Right to fair trial is considered as the basic right affirmed by Islam and recognised by different international documents i.e., ICCPR, UDHR, etc. In Pakistan, the notion of fair trial has been incorporated through Article 10-A through 18th constitutional amendment. The two amendments were made in the US Constitution in 18th and 19th century i.e., 6th and 14th amendments which safeguards right to speedy trial, impartial jury, public trial and equal protection of law. The Investigation for Fair Trial Act, 2013, permits the use of new methods in collection of evidence and also bridles arbitrary powers from being used. However, being dissimilar to the essence of the Constitution, 21st Amendment was made to adopt Pakistan Army Act, 2015 in order to control the extremism. The key purpose of the article is to assess how far the efforts for the enforcement of right to fair trial in Pakistan are sufficient?

Parliamentary Immunity and the Issues Encountered in Turkey

2019 ◽  
pp. 31-58
Author(s):  
Omur Aydin
Keyword(s):  
Public Interest ◽  
Freedom Of Speech ◽  
Constitutional Amendment ◽  
The Political ◽  
Discretionary Power ◽  
Political Pressure ◽  
Constitutional Order ◽  
Constitutional Protection ◽  
Members Of Parliament ◽  
Made In

Parliamentary immunity is the totality of the assurances provided to members of parliament (MPs) for the purpose of public interest. It originates from British parliamentary law. Parliamentary immunity aims to ensure that MPs can perform their legislative duty independently, without being pressurised. In Turkey, parliamentary immunity has been under constitutional protection since 1876, when the constitutional order began. It can be said that Turkey has two fundamental chronic problems when it comes to this matter. First, inviolability is misused to protect MPs against allegations of corruption. Second, there are no objective criteria regarding the lifting of inviolability. This situation provides ruling parties having parliamentary majority with a wide discretionary power and creates a tool for putting political pressure on the deputies of opposition parties. Besides this, the constitutional amendment made in 2016 has brought about many problems and caused the political sphere and freedom of speech to be diminished.

scholarly journals Exploring the Dynamics of Deliberative Democracy in Rural India: Lessons from the Working of Gram Sabhas in India and Gram Sansads in West Bengal

2019 ◽  
Vol 65 (1) ◽  
pp. 117-135
Author(s):  
Prabhat Kumar Datta
Keyword(s):  
Deliberative Democracy ◽  
West Bengal ◽  
Good Governance ◽  
Constitutional Amendment ◽  
Rural India ◽  
General Review ◽  
Made In

Deliberative democracy has gained considerable momentum in India in recent years in the wake of a new drive for decentralisation and democratisation to promote good governance. The constitutional amendment made in India in 1992 sought to institutionalise this concept in villages through a body called Gram Sabha (village assembly). The amendment mandates the constitution of this institution at the Gram Panchayat level (usually a cluster of villages), the functional details of which have been left to the hands of the states. The Gram Sabha is now in place in all the states though it varies from state to state in location and functions. Some states like West Bengal, have taken a step further by creating another body down the line at the level of the electoral constituency. This article presents a case study of Gram Sansads, as known in West Bengal against a general review of the working of the Gram Sabhas in India.

Spectrophotometric measurements of objective-prism spectra

1966 ◽  
Vol 24 ◽  
pp. 118-119
Author(s):  
Th. Schmidt-Kaler
Keyword(s):  
Progress Report ◽  
Two Dimensional ◽  
Objective Prism ◽  
Made In

I should like to give you a very condensed progress report on some spectrophotometric measurements of objective-prism spectra made in collaboration with H. Leicher at Bonn. The procedure used is almost completely automatic. The measurements are made with the help of a semi-automatic fully digitized registering microphotometer constructed by Hög-Hamburg. The reductions are carried out with the aid of a number of interconnected programmes written for the computer IBM 7090, beginning with the output of the photometer in the form of punched cards and ending with the printing-out of the final two-dimensional classifications.

Surface Structure in Microtomed Sections Caused by Glass and Diamond Knives

1971 ◽  
Vol 29 ◽  
pp. 456-457
Author(s):  
J. Temple Black ◽  
William G. Boldosser
Keyword(s):  
Plastic Deformation ◽  
Epoxy Resin ◽  
Carbon Coating ◽  
Surface Damage ◽  
Body Angle ◽  
Normal Manner ◽  
Bottom Side ◽  
Cutting Direction ◽  
Made In ◽  
Diamond Knife

Ultramicrotomy produces plastic deformation in the surfaces of microtomed TEM specimens which can not generally be observed unless special preparations are made. In this study, a typical biological composite of tissue (infundibular thoracic attachment) infiltrated in the normal manner with an embedding epoxy resin (Epon 812 in a 60/40 mixture) was microtomed with glass and diamond knives, both with 45 degree body angle. Sectioning was done in Portor Blum Mt-2 and Mt-1 microtomes. Sections were collected on formvar coated grids so that both the top side and the bottom side of the sections could be examined. Sections were then placed in a vacuum evaporator and self-shadowed with carbon. Some were chromium shadowed at a 30 degree angle. The sections were then examined in a Phillips 300 TEM at 60kv.Carbon coating (C) or carbon coating with chrom shadowing (C-Ch) makes in effect, single stage replicas of the surfaces of the sections and thus allows the damage in the surfaces to be observable in the TEM. Figure 1 (see key to figures) shows the bottom side of a diamond knife section, carbon self-shadowed and chrom shadowed perpendicular to the cutting direction. Very fine knife marks and surface damage can be observed.

Iron storage sites in the myocardium as revealed by cytohistochemistry

1988 ◽  
Vol 46 ◽  
pp. 394-395
Author(s):  
M. Ashraf ◽  
F. Thompson ◽  
S. Miki ◽  
P. Srivastava
Keyword(s):  
Cardiac Tissue ◽  
Coronary Perfusion ◽  
Intracellular Iron ◽  
Ether Anesthesia ◽  
Intense Staining ◽  
Iron Storage ◽  
Thin Sections ◽  
Rat Hearts ◽  
Cacodylate Buffer ◽  
Made In

Iron is believed to play an important role in the pathogenesis of ischemic injury. However, the sources of intracellular iron in myocytes are not yet defined. In this study we have attempted to localize iron at various cellular sites of the cardiac tissue with the ferrocyanide technique.Rat hearts were excised under ether anesthesia. They were fixed with coronary perfusion with 3% buffered glutaraldehyde made in 0.1 M cacodylate buffer pH 7.3. Sections, 60 μm in thickness, were cut on a vibratome and were incubated in the medium containing 500 mg of potassium ferrocyanide in 49.5 ml H2O and 0.5 ml concentrated HC1 for 30 minutes at room temperature. Following rinses in the buffer, tissues were dehydrated in ethanol and embedded in Spurr medium.The examination of thin sections revealed intense staining or reaction product in peroxisomes (Fig. 1).

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