Constitutional Aspects Research Articles

The constitution and national unity in the perspective of some Iraqi newspapers , 1958 - 1961 (the Kurds as a model)

The press played a prominent role in political events and to demonstrate its position on the constitution and national unity, and most of the newspapers were expressing the opinion of their owners, which was calling for national unity and the participation of all spectra of the Iraqi people with important decisions that have an impact on the political and constitutional aspect . Iraqi newspapers have varied in writing articles related to the constitution and national unity. Some of them were affiliated with the government. Of course, these newspapers will take a supportive position to the government in taking any decision related to political, social or economic matters, and there are newspapers belonging to the parties that were loyal to the ruling regime, but they She was not at the same pace in her loyalty to the government, and she was subjected to closures for reasons that might relate to the people in her administration or to conflicting positions for a specific situation in the country, and there are independent newspapers and most of them are afraid of the government position and therefore were almost loyal to the government.

Legal space of the state: constitutional and legal aspect

The article considers the features of the category "legal space". The author cites the views of scholars engaged in the study of this legal concept. By linking the category of "legal space" to constitutional law, a conclusion is made about space as a constitutional-legal category.
 It is indicated that the development and assertion of Ukraine's own path and place in the geopolitical environment, its inclusion in European and world integration processes are inextricably linked with the organization of rule-making and law enforcement activities of public authorities and local governments, which would meet modern trends and international standards. in this area. New trends in the constitutional and legal construction of the country, the formation of civil society institutions, optimization and reform of public administration determine the new conditions for the implementation of state power, a prerequisite for effective operation of which is the unity of the legal space.
 It is established that legal space as a constitutional-legal category is a specific functional category of the science of constitutional law, which reflects certain spatial boundaries of the origin and development of any constitutional-legal action, the constitutional process, constitutional norm, state or event. Thus, space is a spatial boundary established by the Constitution, which can overcome itself and be replaced by more progressive in the implementation of constitutional and legal reform. They also simultaneously form a certain boundary, beyond which begin to develop constitutional relations.

Juxtaposing Fiduciary Constitutionalism and Administrative Constitutionalism in the Context of Enhancing the Indonesian Constitution

A lot of literature discusses the role of state administration, but there is still very little that emphasizes the unique picture related to juxtaposing aspects of fiduciary constitutionalism with administrative constitutionalism, especially at the stage of constitutional legal studies with the context of constitutionalism in Indonesia. Implementing a fiduciary state administration is very much needed, but the most significant obstacle is the enigma of administrative constitutionalism. The purpose of this inquiry is to analyze the development of the Indonesian Constitution in the future by elaborating the theory of fiduciary constitutionalism, issues related to administrative constitutionalism, and discussions related to the incorporation of the former and the latter into the practice of legal and political representation in the Indonesian Constitution using the perspective of judicial engagement theory. The research method used is the doctrinal legal approach using secondary data in the legal literature to gain academic insight. This research finally leads to a conclusion that focuses on the aspects of fiduciary and administrative constitutionalism, which can explain this phenomenon in enhancing the Constitution in Indonesia through several internalized recommendations.

Cyclic response of 3D printed metamaterials with soft cellular architecture: The interplay between as-built defects, material and geometric non-linearity

The paper investigates the cyclic response of soft cellular materials undergoing repeated local instabilities. Our focus is mainly on the coupling between material non-linearities, geometric non-linearity as well as defects induced by 3D printing. Two paradigmatic lattices (triangular and hexagonal), each with its own distinct deformation mode and defect sensitivity, are examined, and the emergence of as-built material and geometric defects in the form of microporosity, strut thickness reduction, and nodal dispersion is studied via computed tomography and optical analyses. Experiments are carried out on the base material and lattice specimens for given cycling strains and cycle ratios. Numerical models are developed to understand the individual role of the main constitutive aspects of the base material, e.g. damage, creep, and visco-elasticity, as well as to assess the role of defects in each architecture. The results show that the activation of local buckling combined with the engagement of material non-linearities has multiple outcomes. It leads to local storage of inelastic strain, which in turn perturbs the lattice geometry after the second cycle and severely impacts the subsequent response, e.g. softening; it reduces the tangent modulus at zero strain; and it also decreases the maximum and minimum cyclic stresses. The detriment is further fueled by geometric deviations caused by 3D printing. Furthermore, a theoretical model is presented to obtain stress bound estimates of the stabilized response, hence offering guidelines for the design of 3D printed soft metamaterials under cycling loading. The paper concludes with a systematic discussion on the coupled role of non-linearities (material and geometry) and defects, and on the accuracy of the numerical and theoretical models herein presented.

COVENANTS IN RESTRAINT OF TRADE: A SYNTHESIS OF TRADITIONAL, COMMON LAW AND CONSTITUTIONAL APPROACHES

It seems as if cases dealing with covenants in restraint of trade will forever proliferate in the law reports. The reason for this phenomenon is simply that restraint clauses are by their very nature rather onerous contractual provisions in that they entail the curtailment of commercial activity and thus potentially hold grave consequences for the covenanter. Often the enforcement by the covenantee of such a contract is contested by the covenanter. When the enforcement of a restraint is sought two contractual values come into play: the principle of sanctity of contract (pacta sunt servanda) which holds the maintenance of agreements freely entered into, including limitations of future economic activity, as paramount, and the principle of freedom of trade which stresses the right of an individual to engage without restriction in economic activity. Although inter-related, there is an uneasy tension between these principles linked to the question of which of the two should be afforded preference in the circumstances. Other factors have further caused the South African law on restraint to be somewhat tumultuous, having been applied in terms of English and later Roman-Dutch law, and potentially influenced by the interim and final constitutions. Some recent provincial case law stresses the constitutional aspect of restraints while other decisions display a preference for the common law approach. The crisp question which this note seeks to address in light of the various forces which have been brought to bear on this area of the law of contract is whether at this stage a uniform resolution to the issue is apparent.

“The Court of the Fatherland”

The article deals with the problematic issues of the formation and development of the institution of trial by jury. Illuminated the question of the content and role of various conceptual approaches: is a jury a “court of the fatherland” or does it exist as long as the state sees its own interest in its existence. The author formulates his position on these approaches and their reflection in the legislation. The article also discusses the constitutional and legal aspects of the stated topic. In particular, the question of what is the constitutional and legal content of the right to trial by jury, and whether it can practically be reduced to zero by means of sectoral law-making, is raised and studied. The article examines the question of the competence of the jury-the categories of criminal cases that need to be considered. The article considers the problematic issues of the formation of a jury court and outlines possible ways to solve them.

The Muslim Minority-Phobia in Context: A Critical Study on Majoritarian Ideology and the Structural Roots of Anti-Muslim Phenomenon in the Post-War Sri Lanka

In post-war Sri Lanka waves of anti-Muslim riots and violence has become a common trend. This paper critically analyses how the century old Sinhala Buddhist majoritarian ideology contributes to the post-war anti-Muslim violence in Sri Lanka. This paper argues that post-war Islamophobia and anti-Muslim violence is not just a matter of political gambling or electoral strategy of political parties. Instead, it resulted from the deep-rooted extreme Buddhist majoritarian ideology that tries to drive the state and the society towards an exclusive Buddhist state. The ideology creates a cultural legitimacy to criminalize the Muslims as “invaders” and “the other” within Sri Lanka. This cultural cover up has led to epidemic direct and structural violence across the island. Hence, this paper suggests that the conflict management process should diverted towards structural changes, which includes both the constitutional and educational aspects, into account, rather than depending solely on the civil society driven inter-community co-existence projects.

Enlarging the spectrum of cluster headache: Extracranial autonomic involvement revealed by voice analysis.

BackgroundPeople with cluster headache (CH) are frequently burdened by misdiagnosis or diagnostic delay. The peculiar somatic and behavioral changes characterizing patients with CH are not useful to improve diagnostic accuracy. In our clinical experience, we noticed a typical voice quality with low and croaking tone in patients with CH.In this cross‐sectional study, we evaluated, by digital voice analysis, whether it is possible to identify typical voice quality characterizing patients with CH compared with healthy controls (HCs). Furthermore, to investigate whether putative differences in voice characteristics could be underpinned by constitutional aspects or pathological processes of vocal cords, subjects underwent a videolaryngostroboscopy. Smoking habits and alcohol consumption were specifically investigated.MethodsAfter conducting digital recording of the voices from both patients with CH and HCs in a soundproof insulated cabin in the laboratory of the Audiology Department, a set of voice parameters was analyzed. We included the measures of fundamental frequency, calculations of jitter and shimmer, and noise‐to‐harmonics ratios as well as quantities related to the spectral tilt (i.e., H1–H2, H1–A1, H1–A2, and H1–A3) in 20 patients with CH and in 13 HCs. A videolaryngostroboscopy was performed in all subjects.ResultsPatients with CH, explored during the cluster bout period, showed significantly lower second harmonic (H1–H2) values compared with HCs (−6.9 ± 7.6 vs. 2.1 ± 6.7, p = 0.002), usually characterizing the so‐called creaky voice. By using a laryngoscopy investigation, a significantly higher prevalence of mild to moderate vocal cord edema and laryngopharyngeal reflux signs were found in patients with CH (100% of patients with CH vs. 15% of HC, p < 0.001).ConclusionCreaky phonation is a “physiological mode of laryngeal operation” usually underpinned by shortened and thickened vocal folds. Creaky voice phonation can be due to a vocal fold's reduced capability to become slack or flaccid secondary to vocal cord edema underpinned by laryngopharyngeal reflux affecting the phonatory mechanisms in patients with CH. The laryngopharyngeal reflux may represent a dysautonomic sign related to the increased parasympathetic tone during in‐bout period, reinforcing the hypothesis of an extracranial autonomic dysfunction as part of CH clinical picture.

Drone affect: Folded points of view as a co-affection method for empathy and care

Drone usage in fieldwork and participatory processes entails direct sensations that fold the pilot/planner and audience into one. Footage from drone filming entails direct kinesthetic and synesthetic effects that occur while one edits the film material, giving rise to affective responses. Through one experimental drone postproduction film, this article discusses how the interplay of vision, motion, and sound works as a set of gestures that comprise sensation as a (self- and co-) affection modus of immediation when one engages with moving images on-screen during drone filming, editing, and screening. The article builds upon Merleau-Ponty's film writings and Puig de la Bellacasa's touch/care perspectives. Specifically, it asks what constitutive aspects characterize the folding of the drone's/pilot's point of view (POV) in relation to the perceiver's POV during postediting, and to the conceiver's POV during subsequent viewings. The article's original contribution is to show how affective experiences are transposed as haptic touch via the same images and folded POVs. It also addresses a research methodological perspective on filmic mediations and written accounts. The article concludes by speculating about how the co-affective potential of the folding of POVs through drone imagery might inform fieldwork and participatory processes from perspectives of care and empathy.

Francie jako laický stát, vývoj a aktuální stav

This article is part of my dissertation on The Czech Republic as a Secular State. Its purpose is to explain what a secular state is, how it originated, how it has developed, and how it can be defined. Since the model of the laic state was primarily created in the gradually developing process of secularization in France and is linked to the local constitutional principle of laïcité, the article focuses primarily on this country. The article is divided into three interrelated parts. The first part discusses the constitutional principle of laïcité, unique to France, and its development up to 1958; the second part examines the process of the separation of the state from the church and the process of the formation of the secular state, taking into account the legal and constitutional aspects of this process; and the third, the most extensive part, examines the development of both legal secularism and laïcité from 1958 to the present. Moreover, it puts the whole development in the context of the state’s, gradually escalating, reaction to the growing influence of the “new” religions, especially Islam.

A SELECTION OF CONSTITUTIONAL ASPECTS THAT IMPACT ON THE MENTALLY DISORDERED PATIENT IN SOUTH AFRICA

This article examines a selection of constitutional aspects that impact on the mentally disordered patient in South Africa. There are specific fundamental human rights protected in the Bill of Rights that are applicable to the psychiatric and psychology professions and the mentally disordered patient. The first is section 36 of the Constitution – the general limitation clause. Further rights include the right to dignified and humane treatment, freedom from discrimination in terms of access to all forms of treatment, the right to privacy and confidentiality, the right to protection from physical or psychological abuse and the right to adequate information about their clinical status. These rights should ideally include efforts to promote the greatest degree of self-determination and personal responsibility of patients. Since 1994 many farreaching improvements have been made to the South African health system. The legal and policy framework described in this article is still relatively new and is a major achievement. However, much remains to be done to implement policies and to ensure that the vision of the protection of the mentally disordered patient becomes a reality for people regardless of factors like mental disorder. Because this is an article of limited scope, focus is placed on a discussion of sections 10, 12(2)(b) and 14 of the Constitution.

Integrative Aspects of Constitution (Psychology, EEG, Morphology)

Integrative Aspects of Constitution (Psychology, EEG, Morphology)

Identity convergence in the tapestry and painting of Ecaterina Ajder

Ecaterina Ajder, representative of the early `80s of plastic artists from the Republic of Moldova, constantly opts for endowing the work of art with innovative stylistic values. Plastic tradition and modernity originally connect in her creation, contributing to the generation of current messages through image. Preferring to materialize her thematic and plastic predilections in the genre of artistic tapestry and easel painting, Ecaterina Ajder has drawn and consolidated over the decades her unmistakable stylistic facet, in which the insurmountable landmarks of folk art have found a favorable artistic fulfillment and integration into relevant contemporary creative trends. In the artistic tapestry, the painter significantly capitalized both the aesthetic expressions obtained from the classic weaving, and from combining it with various techniques such as felt and embroidery. When referring to the easel painting she highlighted the traditional aspects of structural-constructive constitution of the image field and, at the same time, the impressive artistic expressions, obtained after practicing mixed techniques, giving priority to the collage methodology. In the artist’s creation, both the conceptualization and aesthetic interpretation of the theme, as well as the way of operating with plastic means imminently contribute to the demarcation and supplementing of the semantic area of the work with high value expressions.

The pandemic as antagonism of entropy and neg-entropy in human interaction with environment

The article considers issue of substantiation of the anti-systemic dimension of pandemic. The combination of biocenosis, anthropocenosis and technology within the framework of systematic approach is demonstrated. The outline of structural aspects of pandemic as negative medianess, catastrophic extreme situation and antagonism of entropy and neg-entropy is presented. The analysis of constitutive character and structural aspects of anti-systemic dimension of pandemic is proposed. On the examples of pandemics of cholera, SARS, Ebola fever the occurrence of pandemic as a result of human technogenic intervention in environment is demonstrated. The concept of pandemic as specific version of anti-system is proposed. It is concluded that pandemic is a system with negative level of systemacy, that, firstly, occurs as a result of direct or indirect interference of anthropocenosis in biocenosis, resulting in mutual antagonism. Secondly, it manifests itself as mass disease. Thirdly, it is targeted to annihilation of all discrete and rigid structures, open and closed systems of anthropocenosis and biocenosis. Fourthly, it is described through negative medianess, extreme catastrophic situation and antagonism of entropy and neg-entropy.

THE PURPOSE AND AMBIT OF THE OFFENCE OF CONCEALMENT OF BIRTH S v Molefe 2012 (2) SACR 574 (GNP)

The statutory offence of concealment of birth inevitably attracts controversy. It has been argued in the 2008 Canadian case of R v Levkovic (2008 CarswellOnt 5744, 235 CCC (3d) 417, 178 CRR (2d) 285, 79 WCD (2d) 493, heard in the Ontario Superior Court of Justice) that it is clear from the history of this offence that its purpose was to stigmatize socially and punish criminally women who bore illegitimate or “bastard” children – “an objective entirely offensive in modern society to liberty and security of the person”. Moreover, in the Memorandum on the Objects of the Judicial Matters Amendment Bill 2008 (B48-2008), the precursor of the South African statute which amended this offence, the criticism of the Women’s Legal Centre recorded that the provisions of section 113 of the General Law Amendment Act 46 of 1935 (which sets out the offence) are “overly broad, lacking in definition, archaic and their constitutional validity is questionable, often impinging on the right to dignity of women charged under it”. The purpose of this note is to examine these criticisms, assessing both the substantive aspects and constitutional aspects of the offence, in the course of an appraisal of the recent case of S v Molefe (2012 (2) SACR 574 (GNP)). The case of Levkovic will provide a useful comparative reference point for the inquiry into the constitutionality of the offence. First, however, it is necessary to place the offence in its historical context.

Constitutional aspects of decent wage

The article examines the legal nature of decent wages, assesses the concept of wages through the category of its dignity, fairness and sufficient and decent standard of living, as well as analyzes the advantages and disadvantages of legal regulation of decent wages. Fair and satisfactory remuneration in this study is considered as a guarantee of a dignified existence of the person and his family and is perceived in the context of fair working conditions. The analysis of the concept of a dignified life is analyzed through the prism of constitutional and legal doctrine in the context of the main duty of the state. To this end, the basic international and European standards for ensuring the fundamental human rights to a fair reward, a fair existence and a sufficient standard of living for individuals and their families are considered. The right to fair remuneration is considered through the constitutional provisions of determining the main direction of the state to ensure human rights and freedoms and decent living conditions, recognition of man, his life and health, honor and dignity, inviolability and security of the highest social value and the establishment and protection of human rights human freedoms as the main duty of the state. An analysis of the main legal positions of the court of constitutional jurisdiction on the issues of determining a sufficient and decent standard of living, a decent human life, the minimum requirements for living in conditions worthy of a person and protection from poverty. It is proved that the success of the implementation of the elements of decent work in Ukraine requires coordinated actions of the social partners on the way to guarantee a decent salary as an important factor in the concept of decent work. It is concluded that the concept of "decent pay" is still not established and is in constant development. No normative legal act of Ukraine mentions the concept of "decent pay", so there is an urgent need for its constitutionalization. It is not necessary to limit the wording only to the content of such a concept, but also to determine the conditions and guarantees of compliance, provision and protection.

Highly sensitive detection of Hg2+ employing SPR sensor modified with chitosan/poly (vinyl alcohol)/SnO2 film.

Water contamination by mercury ions (Hg2+) causes irreversible and serious effect on the ambient environment, ecological systems, and human health, necessitating further improvement of Hg2+ monitoring at low concentrations. Here, we proposed a novel surface plasmon resonance (SPR) sensor for Hg2+ detection with desirable advantages of high sensitivity, simple operation, label-free, and low cost, in which the chitosan/poly (vinyl alcohol)/SnO2 composite film was modified on sensing surface as the active layer for sensitivity enhancement. Benefiting from the relatively high refractive index of SnO2 nanoparticles, the evanescent field generated at the metal-solution interface can be significantly enhanced, which results in a 5 times improvement of sensitivity. Through appropriate optimization in the aspects of componential constitutions, the sensor exhibits excellent sensitivity of 25.713nm/μg/L and ultra-low calculated detection limit of 6.61ng/L(32.95 pM). Such detection limit is strikingly lower than the limitation (10nM) in drinking water set by the US Environmental Protection Agency. In addition, the as-prepared sensor presents relatively high selectivity for Hg2+, attributing to plenty of binding sites for specific adsorption produced by functionalized chitosan/poly (vinyl alcohol) composites, which have been furtherly verified by characterization of FTIR and XPS spectra. The proposed sensor also exhibits great repeatability and good time stability for 15days. This work provides a promising strategy for developing high-performance SPR sensor for Hg2+ detection and a prospective application in environmental monitoring.

Sharing experiential information in online discussion: the case of coping with the COVID-19 epidemic

PurposeTo specify the nature of experiential information by examining how such information is articulated and shared in online discussion.Design/methodology/approachExperiential information is approached by identifying two constitutive aspects: (1) sensory information that an individual obtains from noticeable events lived through by means of human senses such as sight and touch and (2) cognitive–affective information that is indicative of how the individual interprets such events by means of cognitive operations like comparison and evaluation, as well as appraises the affective valence of such events. To examine the nature of experiential information, an empirical study was made by analysing how people articulate sensory and cognitive–affective information in online discussion about the COVID-19 epidemic. To this end, a sample of 1773 messages posted to the online forum hosted by the Canadian Broadcasting Company was scrutinized by means of descriptive statistics and qualitative content analysis.FindingsExperiential information was mainly articulated in the depiction of visual observations of lived-through events, as well as in their comparison and evaluation. Experiential information was often articulated in conjunction with information of other types, most notably topic-related opinions, neutral descriptions of COVID-19 related issues and suggestions offered to fellow participants.Research limitations/implicationsAs the study concentrated on the sharing of experiential information about the COVID-19 epidemic in an online discussion forum, the findings cannot be extended to concern the exchange of experiential information in other contexts.Originality/valueThe study is among the first to characterize empirically the nature of experiential information by examining the articulations of online discussants.

ENGLISH: Islamizing Pakistan: The concept of Islamic Constitution Theory and Practice

Pakistan after independence faced many problems ranging from the settlement of refugees to the fragile economy and unsteady defence. One of the major issues was the framing of constitution as immediately after separation from India, Pakistan faced a severe challenge of unity. Pakistan was a diverse country with two geographically separated wings, different cultures, divergent languages and separate provinces. The Constituent Assembly which was set up under Indian Independence Act 1947 faced this huge responsibility to provide a document on which the country could be run. Regarding character of the state of Pakistan; the religio-political Parties, Jamiat Ulama-i-Islam (JUI) and Jamat-i-Islami (JI) argued that Pakistan means the land of pure; therefore, in order to bring purity, Pakistan should be made an Islamic state. In it, the affairs of the government should be run according to Quran and Sunnah. In this way the constitution of this newly created state of Muslims should be Islamic in its nature. The rationale put forward was twofold i.e. they (Muslims) achieved Pakistan in the name of Islam and Muhammad Ali Jinnah, the founder of Pakistan, had promised that an Islamic system would be introduced in the newly established state. Secondly, according to them, Islam provides a complete code of life and it had laid basic principles in each aspect of life including the basic guidance for formulating an Islamic Constitution. This article deals with the theoretical and practical aspects of the Islamic Constitution propounded by the scholars of JUI, JI and comparative analysis has been drawn in this regard.

ENGLISH: Political and constitutional aspect of Raymond Davis case in Islamic perspective of Qisas and Diyat Law

Islam is the religion of peace as per its will and spirit it spreads peace throughout the world. As it is mentioned in the holy book Quran:&#x0D; "مَنْ قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الْأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا"&#x0D; This spirit of peace and will reflects in every field of life. Islam imposes different types of Hudood (Punishments) to ensure peace. Allah Almighty called Qisas as life itself, as Allah directed us in holy Quran.&#x0D; وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ&#x0D; The importance of Qisas is very much clear in Islam as it is mentioned in above verse. Pakistan is also an Islamic country as its base is on Islamic Ideology so Qisas and Diyat law is part of our judiciary. Similarly an incident took place that an US intelligence person Raymond Davis killed two people in Lahore. If this case is seen in the context of Shariah, many aspects of it come to the fore. From a Shariah point of view, Shariah has declared qisas as life۔ Shari'a prescribes severe punishments for crimes against the sovereignty of the state. According to Sharia law and the constitution of Pakistan, Raymond Davis crimes are of this nature. According to Sharia, he is punished for qisas and blatant violation of the Constitution of Pakistan.