Amendment Rules Research Articles

The Spectacle of Invisibility: Vanishing Points and the Spatialised Legal Violence of the UK’s Expanding Quasi-Carceral Geography of Immigration Control

ABSTRACT Increasingly, irregularized migrants are pushed to rely on more and more clandestine means in attempts to reach so-called safe havens in Europe and elsewhere. Often, these actions are necessitated by governments instituting ever-more hostile and violent mechanisms of immigration control. Taking as its focus key developments in the UK’s morphing and expanding ‘quasi-carceral geography’ of immigration control, this paper considers some of these developments alongside Derek Gregory’s incisive essay titled analysis of ‘vanishing points’. The paper examines how the spectacular and invisible are instrumentalized simultaneously to produce spatialised legal vanishing points in the UK and beyond by scrutinising three distinct yet interconnected sites where vanishing points materialise, each successively more proximate to UK geographical terrain. Specifically, I examine the multi-scalar legal contestations that surrounded the UK-Rwanda Agreement; the invisibility and tactical ambiguities of juxtaposed border controls in Northern France; and the downgrading of rights, responsibilities, and accountability in amended rules for the accommodation of irregular migrant arrivals, focusing on the former military barracks of Manston, Kent, UK. Drawing on Gregory’s analysis as a framework, the paper traces the significance not only of law’s presence or suspension but also its application, morphing, and contestation within these sites – and more generally – for the emergence and functioning of a continuum of extra-territorial, ambiguous, discretionary, violent spaces where possibilities for sanctuary, safe haven, or security are continually deferred or denied amidst the spectacular invisibility and persistent spatialised legal vanishing points.

Assessing the Effects of Amendment Rules in Federal Systems: Australia and Switzerland Compared

Abstract The effects of formal constitutional amendment rules are still contested, yielding mixed and inconsistent findings. The key issue lies in overlooking the broader institutional context in which amending clauses are situated. This article presents a novel theoretical argument centered on the “institutional embeddedness.” Empirically, we leverage a unique, most different systems design that compares Australia and Switzerland to assess the direct and indirect effects of formal amendment clauses. Both federations implement an identical “direct-democratic model of constitutional change,” despite differences in size, the underlying societal structure, the federalism model, and form of democratic governance. Our empirical results reveal similar direct effects on minority protection, but differing indirect effects on federal dynamics differ significantly. The formal amendment rule sustains Switzerland’s decentralized federal order, while contributing to pronounced centralizing trends in Australian federalism. These findings have vital implications for constitutional design, highlighting that the specific institutional context is decisive, not just the formal amendment rule.

The Comparative Constitutional of Democratic Backsliding: A Report on the State of the Field

There has been a crisis in the modal forms of liberal constitutionalism that emerged as a default design choices for political systems across Europe and North America in the wake of World War II. Central to the crisis have been institutionalized assaults on democratic institutions, often conducted with legal tools. This article reviews the extensive literature in American comparative constitutional law on the role that legal institutions play in the process of democratic backsliding. Drawing on a range of comparative experience, it draws attention to questions of constitutional amendment rules; entrenched protection for rights of free speech and association; term limits and other protections of election integrity; and the constitutional viability of an autonomous bureaucracy and ‘fourth branch’ institutions designed to check the abuse of executive power.

Development and prototyping of an innovative design for automatic paper bag making machine

The Plastic Waste Management Amendment Rules, 2021, already prohibit the manufacture, import, stocking, distribution, sale, and use of plastic carry bags having a thickness of less than 75 microns. They also provide for a ban on plastic carry bags with a thickness of less than 120 microns as of December 31, 2022. So, there is an increasing demand for paper bags. The already existing paper bag-making machines are expensive and consume 25-50 square meters for their operation. A machine whose initial cost is less, which does not require large space consumption and operates with simple technologies, can be used for small-scale production. This will help the manufacturer earn money through the small-scale production of paper bags. The demand for paper bags is continuously increasing, so this project aims to develop an economical and easily fabricable machine with simple methods that promote the use of paper bags instead of plastic carry bags and helps reduce the impact on the environment.

The Cypriot Doctrine of Necessity and the Amendment of the Cypriot Constitution: The Revision of the Unamendable Amendment Rules of the Cypriot Constitution Through a Juridical Coup D’ État

Abstract The constitutional design and the complete inability of the two ethnic communities who live in Cyprus (Greeks and Turks) to share the power according to the constitutional rules concluded soon after the independence to a constitutional crisis and consequently to the collapse of the system of governance that the Constitution provided, since the Turk-Cypriots withdraw from all their posts in key state institutions. The Supreme Court, in order to confront the issue that the part of the Constitution which set the system of governance became inoperative, implemented the ‘Doctrine of Necessity’, according to which the constitutional provisions that prescribe the bi-communal composition of all key institutions are suspended until the crisis comes to an end. The implementation of the Doctrine of Necessity did not leave intact the amendment formula of the Cypriot Constitution, which demands two separate majorities by 2/3rds of each community MPs for the conclusion of the process. However, such implementation of a judge-made standard to the amendment process raises crucial issues regarding the possibility of making clear-cut distinctions between constituent and constituted power, formal and informal constitutional change and about the legitimation of judges to revise through interpretation the amendment rules that the Constitution prescribes.

Social Capital, Institutional Rules, and Constitutional Amendment Rates

Why are some constitutions amended more frequently than others? The literature provides few clear answers, as some scholars focus on institutional factors, whereas others emphasize amendment culture. We bridge this divide with new theoretical and empirical insights. Using data from democratic constitutions worldwide and U.S. state constitutions, we examine how social capital reduces the transaction costs imposed by amendment rules. The results indicate that constitutional rigidity decreases amendment frequency, but group membership, civic activism, and political trust can offset the effect of amendment rules. Our findings have important implications for scholars in public law, constitutional and democratic theory, and social movements.

California will phase out hexavalent chromium

The California Air Resources Board (CARB) has voted to amend its rules on airborne toxics and phase out the use of hexavalent chromium by the state’s 117 chrome-plating facilities. The May 25 amendment targets both decorative and functional chrome-plating operations and requires the facilities to stop using the compound by 2030 and 2039, respectively. Chrome plating is the act of electrically applying a layer of chromium to the surface of an object. Although it is often associated with shiny automotive and motorcycle parts, chrome plating is also used to improve the durability of aviation components such as landing gears. But the process of applying the chromium coating creates toxic fumes that pose a cancer risk to people living nearby . According to CARB, over 70% of California’s chrome-plating facilities are located in low-income communities . Under the amended rule, CARB is requiring chrome-plating facilities to install building enclosures to reduce

Canada’s Amendment Rules: A Window into the Soul of a Constitution

Canada’s Amendment Rules: A Window into the Soul of a Constitution

Knowledge, Attitude, And Practices of Biomedical Waste Management(Principle) Rules 2016; Biomedical Waste Management (Amendment) Rules 2018 Among Health Care Workers in A Teaching Hospital: A Critical Appraisal On the Current State and Way Ahead

Hospital-generated waste materials commonly labeled as 'Biomedical waste (BMW) is a kind of remnant that includesinfectious and non-infectious materials, and their appropriate disposals are controlled per the guidelines of Biomedical wastemanagement (BMWM) Amendment Rules, 2018, Government of India. Periodic assessment on BMWM among health care workers(HCW) is mandated to ensure quality assurance which may be helpful during pandemic times. The study was conducted with ethicalclearance using a validated questionnaire (using Cronbach's α) covering Knowledge, Attitude, and Practices (KAP) derived based onrecent Biomedical waste management 2018 guidelines. The study conductors checked the responses in context to KAP; appropriatestatistical analysis was done and discussed at the end of each session. Nearly 279 HCWs participated in the study and cast theirresponses. Knowledge and attitude domain on BMWM showed statistical significance, and varied responses were observed withpractices among the participants. The present study proves novelty by extensively analyzing KAP among healthcare workers onbiomedical waste management in general, with particular emphasis on laboratory biosafety norms. The study emphasizes thatBMWM should be a continuous process, and all HCWs handling BMW must undergo regular training and assessment withquestionnaire surveys. Multi-tasking and cumulative efforts must be formulated to attain translational synergy in the stream of KAPof BMWM, which could be attained by incorporating BMWM in the health science curriculum.

Compliance Assessment of Tobacco Products to Cigarettes and Other Tobacco Products Act in India with Reference to Third Amendment Rules, 2020.

Tobacco use is associated with mortality in low- and middle-income countries including India with dual burden of smoking and smokeless tobacco (SLT). Aligning with the FCTC, India has made substantial amendments in strengthening graphic warning under Cigarettes and Other Tobacco Products Act (COTPA) for sections 7,8 9 and "Specified warning". Compliance assessment studies are necessary to understand current status of implementation for packaging laws. This study aimed to assess the compliance of COTPA sections 7,8 9 and Cigarettes and other Tobacco Products (Packaging and Labelling) Third Amendment Rules, 2020 in Delhi. Cross-sectional study was conducted in two districts of Delhi selected by simple random sampling. Fifteen points of sales were selected from each district through purposive sampling and 57 smoking and smokeless tobacco products were collected with Indian and foreign origin. An observation checklist for product analysis was prepared and pack analysis done based on COTPA sections 7,8 and 9 along with Third Amendment,2020 which included pictures and warnings to be circulated in 2021. Total 57 samples has smoking (49.1%), smokeless (50.9%) with no SLT product of foreign origin. SLT and foreign products had low compliance of Section 7 and third amendment 2020 rules which includes manufacturing date and origin. Indian smoking products were highly compliant to section 8 and 9 whereas foreign and SLT products showed low compliance to section 8. COTPA Third Amendment Rules (2020) compliance was seen in Indian products with regards to SW (68.4%), PW (61.4%) and quit line (78.9%) with no compliance at all for foreign products. Foreign brands and SLT products had low compliance with sections 7 and 8 of COTPA and its amendments (2020). Compliance with illicit trade and SW needs regulation and strict implementation of law for SLT products.

Analysis of Variation in Blood Donor Deferral Section Statistics as per Drugs and Cosmetics (Second Amendment) Rules, 2020: An Institutional Experience

Introduction: The safety of donated blood is of utmost importance for the well-being of the recipient, which requires proper adherence to donor acceptance criteria. In March 2020, new amendments were introduced in the Drugs and Cosmetics Act, which included several new criteria. It is important to explore these changes and their impact on the donor pool to ensure adequate maintenance of whole blood/component inventory in our blood centre. Aim: To study the variation in deferral statistics of blood donors after the introduction of new donor criteria as per the Drugs and Cosmetics (Second Amendment) Rules, 2020. Materials and Methods: The present study was conducted from October 1, 2022, to June 30, 2023, in the Department of Immunohaematology and Blood Transfusion (Blood Centre) of a tertiary care hospital in Punjab, India. Retrospective data for three years was collected from blood donor records and deferral records, divided into two groups: group 1 (October 1, 2018, to March 31, 2020) for the old criteria, and group 2 (April 1, 2020, to September 30, 2021) for the new criteria. Reasons for deferral of donors were categorised into four stages: clinical history, medical examination, investigations (hemoglobin levels), and inadequate collection for both male and female donors. The collected data was entered into a Microsoft Excel sheet. Variables in different categories were represented as frequencies and percentages. Chi-square test was used for comparison between the data of the two groups. Results: In group I, 332 out of 6,588 donors (5.04%) were deferred, and in group II, 345 out of 6,143 donors (5.61%) were deferred. The deferral rate was comparatively higher in females in both groups, with 17.98% (41/228) in group I and 21.65% (21/97) in group II. The percentage of deferred donors was higher in the age group of 18-30 years in both groups, with 50.60% (168/332) in group I and 47.25% (163/345) in group II. The maximum number of donors were deferred at stage I (clinical history), with 270/332 (81.33%) in group I and 296/345 (85.8%) in group II, followed by stage III (investigations), with 34/332 (10.24%) in group I and 33/345 (9.56%) in group II. COVID-19 related history was the third most common cause of deferral in group II, accounting for 43 (12.46%) of the total deferred cases, which was not present in group I. Conclusion: The new guidelines, although comprehensive, only minimally increased the deferral rate and did not have a significant impact on the donor pool of our blood centre. Knowledge about the latest deferral guidelines and donor deferral rates is of utmost significance for the maintenance of inventory and to reduce the loss of a significant donor pool.

EVOLUTION OF FEDERALISM IN PAKISTAN: A CONSTITUTIONAL STUDY

The primary goal of this study is to critically evaluate the origin and growth of federalism in Pakistan since its inception in 1947. This historical analysis scrutinizes constitutional development in relation to the federal provisions of various constitutional proposals and amendments adopted by the Pakistani parliament. Historically, the federation has been centralist in its approach. Unlike its counterparts, it established a unicameral legislature under its constitutions of 1956 and 1962. However, Pakistan's 1973 constitution not only granted provinces considerable provincial autonomy but also established a bicameral legislature and granted parity representation to units in the federal chamber. This paper claims that the federation underwent a major transition in 2010 when the parliament passed the 18th constitutional amendment that reformed the federal structure substantially. It is argued that since the enactment of this amendment, self-rule and shared rule, which is the essence of federalism, is strengthened in Pakistan. In this context, this study examines how this amendment has led to legislative, administrative, and fiscal decentralization and enhanced the role of the Senate and Council of Common Interests in Pakistan. Keywords: Federalism; Pakistan; British India; Self-rule; Shared rule; 18th constitutional amendment

Kontrola sądowa aktów normatywnych „podmiotów publicznych” w świetle węgierskiego Kodeksu postępowania sądowoadministracyjnego

The introduction of judicial review of statutory public bodies’ normative administrative acts was long overdue in the Hungarian legal system. Prior to 2018, no subjective or objective legal protection was allowed against these acts, which resulted in a number of anomalies, especially in case of professional bodies (chambers) with compulsory membership. This issue was recognised by the legislature as well, which endeavoured to rectify this hiatus by adopting the Code of Administrative Court Procedure. However, the progressive rules of the Code regarding the judicial review of normative acts of professional bodies have never been put into practice, as a mere two years later it was altered in a way that reflected a reversion to the regulatory framework prior to the adoption of the Code. The aim of this paper is to examine the original regulatory framework as well as the new amended rules of the Code from the perspective of the twofold function of administrative justice: protecting individual rights, while also controlling the legality of administration. Our primary focus of research was on the qualitative examination of the rules of the Code, however we also touch upon judicial practice, where available.

BLOOD DONOR DEFERRAL PATTERN AS A KEY TOOL FOR SAFE BLOOD TRANSFUSION PRACTICE: A RETROSPECTIVE STUDY FROM NORTH EAST INDIA.

Background: Safe blood transfusion practice starts with meticulous selection of blood donors. Recruitment and retention of healthy safe donor is crucial to maintain adequate supply of blood units available for transfusion. The present study was undertaken with the aim to analyze the rate as well as the causes of pre-donation deferral and blood units discarded following screening test for Transfusion Transmitted Infection (TTI). Material and methods: This retrospective hospital-based study was conducted in the Blood Centre, Jorhat Medical College and Hospital, Jorhat, Assam over a period of one year i.e., from 1st October, 2021 to 30th September, 2022. All donors who attended the Blood Centre as well as outdoor voluntary blood donation camps were included in the study. Each and every blood donor was screened as per the guidelines of Drugs and Cosmetics (Second Amendment) Rules, 2020. Transfusion Transmitted Infection (TTI) screening tests were done on the collected blood units and those found to be positive were discarded. The donor records were reviewed and analyzed according to sex, donor type (voluntary or replacement) and reason for deferral. Results: Out of 17030 prospective donors, 14372 (84.39%) donors were accepted for blood donation while 2658 (15.61%) donors were deferred. The deferral rate was higher in females i.e., 35.63% (88 out of 247) compared to males i.e., 15.31% (2570 out of 16783). Deferral percentage of voluntary donors was 19% (2563 out of 13485) and that of replacement donor was 2.68% (95 out of 3545). The rate of temporary and permanent deferral was 99.17% (2636 out of 2658) and 0.83% (22 out of 2658) respectively. The most common cause of temporary deferral was found to be low hemoglobin (41.81%) whereas in case of permanent deferral high risk behaviour (50%) was found to be the leading cause. 3.21% (462 out of 14372) blood units were discarded following screening tests for Transfusion Transmitted Infection (TTI). Hepatitis C was the most common cause of blood units discarded. Conclusion:Asystematic and well organised approach to selection of blood donors is the mainstay of safe blood transfusion practice. Analysis of donor deferral pattern guides us to recruit safe healthy donors and to maintain an adequate pool of blood units available for transfusion

EXISTING KNOWLEDGE, AWARENESS AND PRACTICES REGARDING BIOMEDICAL WASTE MANAGEMENT AMONG HEALTH CARE WORKERS WITH ITS EFFECT AT RANI DURGAVATI MEDICAL COLLEGE BANDA (UP) INDIA

The Central Government framed certain rules to protect the Environment, namely Bio-Medical Waste Management (BMWM) Rules, 2016, and (Amendment) Rules, 2018. These were an update and simplification of prior existing rules not only for human health and also for safety of environment for the current and future generations. Effective BMWM is not only a legal necessity but also a social responsibility. Common Bio-medical Waste Treatment and Disposal Facility (CBWTF) is a set up where biomedical waste generated from member health care facilities has imparted necessary treatment to reduce adverse effects that this waste may pose on human health and environment. The study was conducted to assess / judge existing knowledge, awareness and practices regarding BMWM among Health care workers at Rani Durgavati Medical College Banda, India. A pre-tested questionnaire based on cross-sectional survey was circulated among various Health care workers / Participants using the questionnaire of BMWM for health care workers of 400 bedded tertiary care teaching Hospital Rani Durgavati Medical College. This questionnaire was distributed among 146 participants/HCWs over a period of one month i.e. from 11th January to 15th February, 2021. Each questionnaire was composed of four sections/tables: 1. Section A / Table-1 comprised of demographic profile of the subjects 2. Section B / Table-2 comprised of questions to test the Knowledge / Awareness 3. Section C / Table-3 was about the Attitudes and 4. Section D / Table-4 about the practices of BMWM. The study showed that: 1. The participants scored high on attitude and knowledge about the waste management practices while their scores on the implementation part were comparatively low. 2. There was a significant difference in relation to educational qualification of respondent in knowledge and practice score. 3. Rani Durgavati Medical College / GAMC Banda lead yearly in proper segregation, treatment and disposal. Our treatment of BMWM increased as gross generation of BMWM decreased significantly in the years2020 and 2021.

Biomedical waste management rule and changes in the policy

The amount of biomedical waste being generated in our country is increasing day by day. Biomedical waste if not handled properly can pollute the environment and can spread many harmful diseases. Health care workers in our country are still not fully aware about proper BMW handling and disposal, despite increasing global awareness on it. Biomedical waste management rules was first implemented in India on 20th July, 1998. Thereafter, the rules have undergone amendments in years 2003, 2011 and 2016. Latest biomedical waste management rules, 2016 and (amendment) rules, 2018, were simplification of BWM disposal as compared to 2018 rules. The objective of this study was to understand the difference and compare key points to be known by all health care workers and also clarification and inclusions in the rules.

IMPLEMENTATION AND CHALLENGE IN DEALING WITH THE BMW DISPOSAL GUIDELINES AND LEGISLATIONS

Biomedical Waste Management (BMWM) is a public health problem. Every hospital is generating BMW needs to set up requisite BMW treatment facilities on site or ensure requisite treatment of waste at common treatment facility. The Ministry of Environment & Forests notified the situation of pollution and framed out the Biomedical Waste (management & handling) Rules, 1998 to protect the Environment Protection Act, 1986 (29 of 1986) in our country on 20th July 1998 vide notification number S.O. 630 (E) dated the 20th July, 1998, by the Government of India in the erstwhile Ministry of Environment and Forests. Now, therefore, in exercise of the powers conferred by section 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), and in supersession of the Bio-Medical Waste (Management and Handling) Rules, 1998, except as respects things done or omitted to be done before such suppression, the Central Government hereby makes the following rules, namely Bio-Medical Waste Management Rules, 2016, and (Amendment) Rules, 2018, were an update and simplification of BMW not only human health and safety but also to the environment for the current and future generations. Effective BMWM is not only a legal necessity but also a social responsibility. This article reviews the current perspectives on BMWM and rules, conventions and the treatment technologies used worldwide. Furthermore, developing models for the monitoring of hospital health-care waste practices and research into non-burn eco-friendly sustainable technologies, recycling and polyvinyl chloride-free devices will go in long way for safe carbon environment. Globally, greater research in BMWM is warranted to understand its growing field of public health importance.

DUALIST POPULAR CONSTITUTIONALISM A Reply to Michelman

DUALIST POPULAR CONSTITUTIONALISM A Reply to Michelman

Para-constitutional engineering and federalism: Informal constitutional change through intergovernmental agreements

Abstract This article explores the phenomenon of informal constitutional change with a particular focus on the role played by intergovernmental agreements (IGAs) concluded between members of a federation. It has two objectives. The first is to add IGAs to the catalogue of methods through which constitutions are altered without recourse to formal amendment procedures. Using Canada as a case study, we highlight a paradox: by rendering unconstitutional certain legislative initiatives meant to circumvent formal rules of constitutional amendment, courts are actually inviting political actors, notably the executive branches, to resort to even more fluid and informal methods of altering the Constitution. Second, we bring the concept of “para-constitutionality” into the broader literature on informal constitutional change. Para-constitutionality captures two distinct dimensions of informal constitutional change which are often conflated. “Para” in the Greek sense signifies “circumvention.” The focus here is on effectivity, on the impact of mechanisms (such as IGAs) on the overall constitutional order. By contrast, “para” in the Latin sense means “against.” It is concerned with constitutional (in)validity. We seek to underscore that even when strategies are not found to be unconstitutional, they may nevertheless have a transformative impact on the overall federal architecture. In conclusion, we suggest that an implicit commitment to intergovernmental transactions and compromise, both inherent to federalism, may explain judicial benevolence in the face of negotiated para-constitutional engineering mechanisms, in contrast to unilateral legislative attempts at informal constitutional change.

The Demands and Contests of Constitutional Amendment in Ethiopia: Analysis on the 1995 Federal Democratic Republic of Ethiopia (FDRE) Constitution

The objective of this article is to explain the existing demands and contestations on the amendment of the current constitution of Ethiopia. It also aims at analysing the effects of the un-amendable constitution on the political system of the state. A qualitative study was employed to collect and analyse the required data. Both primary and secondary sources of data was collected through interview and the analysis of documents. Accordingly, the study indicated that the demands of constitutional amendment on the part of FDRE constitution is related to the illegitimate constitutional-making process, inadequate constitutional provisions and the presence of new emerging political dynamics. The rigid amendment rules, undemocratic nature of the regime and the deviation among political actors on the issue of amendment are the main contestations against the stated demands. At the end, the investigation showed that the political insecurity and declining of constitutional legitimacy are major effects of the un-amendable aspects of the FDRE constitution, which in turn undermine the required political reforms in the country.