Constitutional Research Articles

A multi-step calibration strategy for reliable parameter determination of salt rock mechanics constitutive models

The storage of renewable hydrogen in salt caverns requires fast injection and production rates to cope with the imbalance between energy production and consumption. This raises concerns about the mechanical stability of salt caverns under such operational conditions. The use of appropriate constitutive models for salt mechanics is an important step in investigating this issue, therefore many constitutive models with several parameters have been presented in the literature. However, a robust calibration strategy to reliably determine which model and parameter set represents the given rock, based on stress–strain data sets, remains an unsolved challenge. In this paper, for the first time in the community, we present a multi-step strategy to determine a single parameter set based on many deformation data sets for salt rocks. Towards this end, we first develop a comprehensive constitutive model able to capture all relevant nonlinear deformation physics of transient, reverse, and steady-state creep. The determination of the single set of representative material parameters is then achieved by framing the calibration process as an optimization problem, for which the global Particle Swarm Optimization algorithm is employed. To allow for dynamic data integration, a multi-step calibration strategy is developed for a situation where experiments are included one at a time, as they become available. Additionally, due to the existing mild heterogeneity in the experimental rock samples, our optimization strategy is made flexible to allow for this slight heterogeneity. The devised optimization strategy, based on the multi-physics comprehensive constitutive modeling framework, results in a single set of representative material properties of all the deformation data sets. As a rigorous mathematical analysis for the presented method and the lack of relevant experimental data sets, we consider a wide range of synthetic experimental data sets, inspired by the existing sparse relevant data in the literature. The results of our performance analyses show that the proposed calibration strategy is robust. Moreover, the results become increasingly more accurate as more data sets become available.

Isotropic compression behavior of salinized unsaturated agricultural soil: An experimental and constitutive investigation

Salinity-induced soil degradation is a significant challenge in coastal reclamation areas, impacting agricultural productivity and infrastructure development. Variations in soil compression and deformation caused by changes in salinity warrant further investigation, particularly for agricultural applications. This study explores the relationship between soil pore water salinity and compressibility by conducting isotropic compression tests on salinized unsaturated agricultural soils treated with distilled water, 0.5 mol/L and 1 mol/L sodium chloride (NaCl) and calcium chloride (CaCl2) solutions. The results demonstrate that the type and concentration of salts significantly affect the compression behavior of these soils. The constitutive parameters were calibrated based on the experimental data. To account for osmotic suction, Barcelona Basic Model (BBM) was adjusted. The findings indicate that as pore water salinity increases, soil compressibility decreases, reflected by a compression index (Cc), and higher pre-consolidation stress (py). This modification aimed to quantify the impact of pore water salinity on soil compression. To validate the constitutive model, a numerical analysis of an isotropic compression test was carried out. This study contributes to our understanding of the isotropic compression behavior of coastal saline soil, proposes a constitutive framework for predicting soil responses under different salt conditions, and provides theoretical support for engineering construction in coastal reclamation areas.

Identity Movements and Identity Politics: Indian Constitutional Framework

Every society is, in some or the other way, a product of a region, ethnicity, gender, race, polity or any other social construct and therefore developing some form and shape of identity is but an essential eventuality. Here the concept of society is expanded to the totality of social phenomena and is recognized by common identity. Therefore, the severe partitions and divisions in India have led to the increase in the scenario of identity politics. Consider the concepts of Pluralism and Multiculturalism that has transformed into identity politics and defined certain groups by their race or ethnicity, where those identities became the catalyst for desiring political power. Identity formation is a process that involves the advancement of social identities based on various parameters including ethnicity and religion. There are ways in which identity creates divisions between heterogeneous groups. For instance, in present day Indian polity the factors like caste, language and even religion do not remain subtle but dominate the politics of the region. Further, this type of concentration on the issue creates a serious imbalance regarding the processes of development in Indian states dominated by the liberal politics. These minorities’ national, ethnic or religious rights are codified in the laws of various multi-national states, where the attention for the cultures of the ‘others’ is notably peripheral. Such considerations, regarding the nationalities and regarding cultural diversities, have social, political and economical consequences.

The conditional effects of party system change on economic growth in Africa

AbstractAfrican party systems vary considerably in their patterns of stability and change over time. This article examines how economic growth has been shaped by such party system fluidity—in particular, the frequency, scope and variety of change—while taking account of the constitutional regime (i.e., level of democracy) within which these party system dynamics occur. To do so, we use Arellano-Bond generalized method of moments models to test the impact of party system fluidity and the level of democracy on economic growth in Africa during the post-independence period (1970–2018). We find, consistent with previous research, that democracy has an uncertain effect on growth. However, party system fluidity is reliably and positively correlated with growth. Its effects are particularly strong whenever an unstable party system coexists with an autocratic regime, which suggests that this specific political context—which has often been associated with democratization—is especially conducive to economic growth.

Regions of Italy in Context of Italian-Chinese Relations in 21st Century

This study examines the development of transregional relations between the regions of Italy and those of China, including the Special Administrative Regions of Hong Kong and Macau. It highlights the interplay between centrifugal and centripetal tendencies within the framework of Italy’s ‘center — regions’ relationship system. The analysis provides insights into the normative foundations of international and foreign policy activities of Italy’s territorial communities, grounded in the national Constitution and relevant legislation. The findings demonstrate that Italian regions possess very limited capabilities for independent foreign and economic policy initiatives, a restriction stemming from the Italian Constitution, which permits regional cooperation only in the realms of economy and culture. In contrast, among the regions of China, only Hong Kong and Macau exhibit the capacity for autonomous external activities. Furthermore, it is revealed that Chinese migrants in Italy play a significant role in fostering Italian-Chinese interregional ties, maintaining connections with their homeland. The study concludes that Italian regions are notably less active internationally compared to regions in other EU countries.

Responsive Constitutionalism in Australia

Responsive constitutionalism is a theory of constitutionalism that starts from the idea that democracy involves two overlapping commitments — to a relatively thin ‘minimum core’ set of norms and institutions and thicker, more contestable set of rights and deliberative commitments. It then proceeds to affirm a commitment both to legal and political constitutionalism. This article explores the relevance of this theory for Australian constitutionalism and suggests that it in fact has strong resonance with the Australian constitutional tradition. First, the capital ‘C’ Constitution gives strong legal protection to the ‘minimum core’ of democracy in ss 7, 24 and the High Court’s decisions on the implied freedom of political communication and access to the franchise. Second, the small ‘c’ constitution adopts norms that help protect the democratic minimum core and advance a responsive approach to thicker democratic commitments to rights. Third, there are important connections between the idea of responsive constitutionalism and limits on the scope legal constitutionalism and judicial review in Australia. Yet, there are also ways in which a responsive approach points to potential reforms of the Australian constitutional model — to include more robust rights-based constitutional protections, albeit in ways that are premised on a notion of shared legal and political authority and enforcement, and therefore involve a ‘weak-form’ national rights charter or extended principle of legality.

GENDER EMPOWERMENT AND EQUALITY IN NEPAL: CURRENT ANALYSIS

This research has explored the roles, opportunities, decision-making processes, responsibilities, and various issues related to gender and the status of women in society. It compares women with their male counterparts across several areas, including household duties, economic conditions, education, health, political engagement, and community decision-making. The main aim has been to perform a contemporary situational analysis of women’s empowerment and rural development, utilizing both primary and secondary data. The focus is on gender inequality, socio-economic factors, political involvement, and demographic trends. The main findings have highlighted that those women, in their journey towards empowerment, require substantial support from their families, communities, and the nation. They have faced significant barriers to accessing opportunities for income generation, employment, decision-making roles, property ownership, and participation in political processes. The majority of women have been primarily engaged in household duties, contributing to their lower socio-economic status. This research seeks to improve the status of women in the study area by highlighting the importance of government policies and programs that include women in development efforts. Addressing these challenges through empowerment has become crucial not only for improving women's lives but also for fostering economic development within the community and the country at large. Apart from the aforementioned suggestions, Constitutional and Legal Framework, National Plan and Policies, Quotas and Representation, Education and Health, Economic Empowerment, Combatting Gender-Based Violence, and Cultural and Social Change, Education and Awareness have been found the policies to be adopted for the gender empowerment and equality in the present condition of Nepal. Despite these policies, challenges such as patriarchal norms, economic disparities, and implementation gaps persist. Continued efforts are needed to ensure effective enforcement of laws, address cultural barriers, and achieve substantive gender equality in Nepal. Likewise, Legal and Policy Framework, Economic Empowerment, Political Participation, Healthcare and Reproductive Rights, Combat Gender-Based Violence, Media and Communication, Community Engagement and Partnerships, Data Collection and Research, and Monitoring and Evaluation have been identified as the ways of gender empowerment and equality in the present context of Nepal. Implementing these strategies requires commitment and collaboration across government, civil society, the private sector, and international partners. Achieving gender equality is a long-term endeavor that necessitates ongoing effort and investment across various sectors simultaneously.<p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/soc/0702/a.php" alt="Hit counter" /></p>

A viscoelastic constitutive framework for aging muscular and elastic arteries

The evolution of arterial biomechanics and microstructure with age and disease plays a critical role in understanding the health and function of the cardiovascular system. Accurately capturing these adaptative processes and their effects on the mechanical environment is critical for predicting arterial responses. This challenge is exacerbated by the significant differences between elastic and muscular arteries, which have different structural organizations and functional demands. In this study, we aim to shed light to these adaptive processes by comparing the viscoelastic mechanics of autologous thoracic aortas (TA) and femoropopliteal arteries (FPA) in different age groups. We have extended our fractional viscoelastic framework, originally developed for FPA, to both types of arteries. To evaluate this framework, we analyzed experimental mechanical data from TA and FPA specimens from 21 individuals aged 13 to 73 years. Each specimen was subjected to a multi-ratio biaxial mechanical extension and relaxation test complemented by bidirectional histology to quantify the structural density and microstructural orientations. Our new constitutive model accurately captured the mechanical responses and microstructural differences of the tissues and closely matched the experimentally measured densities. It was found that the viscoelastic properties of collagen and smooth muscle cells (SMCs) in both the FPA and TA remained consistent with age, but the viscoelasticity of the SMCs in the FPA was twice that of the TA. Additionally, changes in collagen nonlinearity with age were similar in both TA and FPA. This model provides valuable insights into arterial mechanophysiology and the effects of pathological conditions on vascular biomechanics. Statement of significanceDeveloping durable treatments for arterial diseases necessitates a deeper understanding of how mechanical properties evolve with age in response to mechanical environments. In this work, we developed a generalized viscoelastic constitutive model for both elastic and muscular arteries and analyzed both the thoracic aorta (TA) and the femoropopliteal artery (FPA) from 21 donors aged 13 to 73. The derived parameters correlate well with histology, allowing further examination of how viscoelasticity evolves with age. Correlation between the TA and FPA of the same donors suggest that the viscoelasticity of the FPA may be influenced by the TA, necessitating more detailed analysis. In summary, our new model proves to be a valuable tool for studying arterial mechanophysiology and exploring pathological impacts.

Diferencia sexual en Edith Stein y su papel en el matrimonio

This article examines Stein's ontological understanding of the sexual condition of man: whether it is at an exclusively predicamental level or whether it can also be situated on the transcendental plane. Various human entities are then compared with the masculine and the feminine, in order to better understand the sexes and their different functions. Intelligence, will, soul, ego, life and being are thus analysed as elements that can reflect the masculine and the feminine to a greater or lesser extent. Descending to the concrete, sexual differences are studied as they occur in feminine and masculine persons, for example, in their relationship with others and with the objectual world. The article also investigates the ultimate formal constitutive nature of woman and, in contrast to her, of man. Finally, it tries to see how man and woman can contribute the best of themselves to the institution of marriage, in accordance with their natural gifts and inclinations.

Plasticity analysis and a homogenized constitutive model of compressible multi-layer structure of battery

A homogenized constitutive model for the compressible multi-layer structure of battery (CMLSB) under external loading is essential for optimizing the structural design of electric assemblies. Currently, there is no specific constitutive model that is both mechanically explanatory and operationally applicable to CMLSB under varied loading conditions. In this study, due to limited understanding of the in-plane behavior of CMLSB, an analytical model was developed to investigate plasticity in this specific direction using the strain probing method. The observed plastic characteristics inspired the formulation of a novel two-dimensional constitutive framework for CMLSB in the in-plane direction.By integrating this new constitutive framework with one-dimensional plastic descriptions, a hybrid constitutive model was introduced and implemented in finite element software. Calibration and validation of the model were performed using a commercial pouch cell battery and its segments under various loading conditions. Finite element simulations with the hybrid model demonstrated remarkable accuracy in predicting the mechanical behavior of the cell under various in-plane and out-of-plane compression scenarios. Additionally, simulations were carried out to analyze the impact of cell packaging and air pressure. The new hybrid battery model is considered a user-friendly, physically interpretable, and high-fidelity tool, poised to significantly facilitate the comprehensive design of electric devices.

Quantifying rheology and texture of chocolate products with oleogels using fractional calculus

Oleogels, a novel technology for structuring fats, show great potential for partially or completely replacing solid fats in chocolate products containing unhealthy saturated fatty acids. However, how to maintain similar rheological properties and sensory texture attributes is a major challenge. Given the lack of a concise and effective mathematical framework, simulating the rheological response and quantifying the textural parameters of the hybrid oleogel-dispersed chocolate products, is complicated. In this work, the rheological power law behavior of hybrid oleogel-dispersed chocolate products is accurately captured by using a fractional constitutive mathematical framework with few constitutive parameters. The sensory texture parameter firmness is quantified on the basis of creep response. The rheological response and firmness index are linked together on the basis of the fractional derivative model. This work helps provide heuristic insights into the structure-texture engineering of this food type. Such insights may, in turn, guide the formulation and design of food products.

The coevolution between the status of groups in planning London and the development of the British constitutional rights

ABSTRACT This paper investigates the coevolution between the development of British constitutional rights and the status of social and minority groups in planning London since its first post-WWII comprehensive plan. The study employed a historical document analysis by scrutinizing major London urban plans, pertinent British legislation, and constitutional rights enactments to uncover the evolution of urban planning amid a changing rights-based constitutional landscape. The study concludes that the status of social and minority groups within London’s urban planning is not solely a product of planning approaches but is significantly shaped by the prevailing political and constitutional frameworks regarding minority rights.

Hermann Heller’s critique of liberalism

ABSTRACT Hermann Heller’s critique of liberalism was both theoretical and conjunctural. He derided liberalism’s erosion of the concept of sovereignty and lamented liberalism’s complicity with the substantive inequality of his time. It its place, he argued for a restoration of the concept of popular sovereignty, as a dialectical formation of political unity and material equality through the democratic process. As a matter of political practice and strategy, however, Heller equivocated in his stance on the constitutional politics of the Weimar Republic. He initially tolerated the abrogation of parliamentary democracy due to his faith in the neutrality of the state, before diagnosing the regime as a form of authoritarian liberalism determined by the capitalist economy. This article examines Heller’s theoretical and political critique of liberalism. It outlines Heller’s conception of popular sovereignty against both Kelsen’s legal rationalism and Schmitt’s political decisionism. It also examines the significance of the interwar conjuncture, highlighting that the turn of the bourgeoisie to authoritarianism and ultimately to fascism represented a continuity of the liberal elision of the principle of popular sovereignty.

CÁC QUY ĐỊNH CỦA HIẾN PHÁP NĂM 2013 VỀ BẢO VỆ QUYỀN CON NGƯỜI TRONG LĨNH VỰC TƯ PHÁP HÌNH SỰ

The 2013 Constitution has established foundational legal principles that are crucial for the protection of human rights in Vietnam, both broadly and specifically within the realm of criminal justice. This article analyzes the mechanisms employed to protect human rights within the framework of criminal justice as stipulated by the 2013 Constitution. By drawing upon international benchmarks for human rights in criminal justice and referencing constitutional frameworks from diverse nations, this article advances recommendations to refine the 2013 Constitution provisions concerning the protection of human rights within the field of criminal justice.

The Right to Freedom of Opinion and Expression of The Members of The Institution of The National Police of Peru

Likewise, we intend to have police officers whose fundamental rights are respected in accordance with the provisions of the Political Constitution of Peru, in the understanding that they have the right to opinion and expression just like any Peruvian citizen, so that they serve society in the different fields of action thus contributing to the development of the country. Promote a true rule of law and respect for the fundamental rights of the members of the National Police of Peru, because the imposed silence harms the members of the National Police; All citizens are equal before the law. Recognize the dignity of the Police as a human being, expressed in their freedom of the right to opinion and expression. The value of the human person is above all else. The person is the end, the rest is the means. That the Members of the Police Institution of Peru be recognized the right to Opinion and expression because they are positive human rights in a legal system. It can be stated that they are human rights concretized spatially and temporally in a specific State. Human rights terminologies are used in the international arena. because what they are expressing is the planetary will of international declarations, the universal declaration of human rights as opposed to fundamental rights.

Transformation of the Constitutional Identity in South Africa aft er the Fall of Apartheid

Abstract This article investigates the designed transformation of South African political identity and its constitutional framework as a core aspect of the democratization of South Africa. It compares the racist and exclusive identity of the apartheid state with a redesigned identity of an inclusive and open ‘Rainbow Nation’, a concept coined by Archbishop Desmond Tutu and spearheaded by Nelson R. Mandela along with the African National Congress. The study considers changes in the legal framework of identity politics, from the Republic of South Africa Constitution Act of 1983 (and the previous apartheid republican Constitution of 1961) through the interim democratic Constitution of 1993 to the Constitution of the Republic of South Africa of 1996. It discusses the possible significance of the 18 amendments to the act regarding South Africans’ social and political identities, and establishes a complex and detailed portrayal of the republic’s legal framework of identity politics. The study combines legal, political, and cultural analysis of the role of law in formatting social and political identities, using survey results to test its impact on society. In conclusion, the paper considers the effects of post-apartheid identity transformation in South Africa.

Federal fractals: review of Stephen Tierney, The Federal Contract

Stephen Tierney’s new book presents an exciting new theory of federal constitutionalism. His core argument is that each federal constitution is founded on a ‘federal contract’, which is an agreement among a plurality of territorial communities to form a federal political community while retaining their distinct constitutional identity as constituent states. This offers an alternative to the ‘social contact’ of liberal political theory in which the isolated individual is the sole basic unit of the constitutional order. The explanatory power of Tierney’s thesis is impressive. He shows how the idea of the federal contract can be manifested in many varied forms but in a manner that recognises the constitutional status and autonomy of the constituent states, formed into an association under which they agree to act cooperatively with each other and with the federation as a whole, under a mutual commitment of reciprocity that underwrites inter-governmental cooperation and solidarity, while also maintaining inter-governmental distinctiveness and autonomy. Under the auspices of this simple and elegant idea, Tierney offers an account of federal constitutionalism that resembles the fractal patterns of mathematical geometry insofar as each federal system reflects a particular federating logic that drives its initial creation and ongoing evolution. This opens up a promising area of further research involving an ever-closer examination of federal systems to see whether the fractal-like patterns he has identified continue to be apparent at progressively higher levels of resolution.

Contested Statehood and EU Integration: The Case of Bosnia and Herzegovina

Abstract This article delves into the intricate relationship between contested state- hood and European Union (EU) integration, explicitly focusing on Bosnia and Herzegovina (BiH). Since the early 1990s, amidst the dissolution of Yugoslavia and the EU’s enlargement efforts, BiH has grappled with challenges to its statehood, which have impeded its alignment with EU requirements. Despite being universally recognised as an independent state, BiH faces internal contestation, evident in its consociational constitutional framework and the divergent nationalist narratives among constituent groups. Moreover, while BiH maintains external sovereignty, it coexists with significant international oversight, complicating its path toward EU integration. The EU’s expansion into internally contested states like BiH necessitates a nuanced approach considering the entanglement of Europeanisation and de-Daytonisation processes. This article emphasises the complexity of BiH’s governance landscape, where internal dynamics and external influences converge, creating formidable obstacles to sovereignty assertion and governance efficacy. To surmount these challenges, BiH must address internal divisions, foster inclusive governance mechanisms and balance external supervision and internal autonomy. In shedding light on how contested statehood influences the EU’s role and policies, the article discusses the concept of ‘complex sovereignty’, particularly relevant to BiH’s context.

Analysis of shear localization in viscoplastic solids with pressure-sensitive structural transformations

Localization, in the form of adiabatic shear, is analyzed in viscoplastic solids that may undergo structural transformation driven by pressure, shear stress, temperature, and magnetic field. As pertinent to polycrystalline metals, transformations may include solid–solid phase transitions, twinning, and dynamic recrystallization. A finite-strain constitutive framework for isotropic metals is used to solve a boundary value problem involving simple shearing with superposed hydrostatic pressure and constant external magnetic field. Three-dimensional theory is reduced to a formulation simple enough to facilitate analysis without advanced numerical methods, yet sophisticated enough to maintain the salient physics. Ranges of constitutive parameters (e.g., strain hardening, strain-rate sensitivity, thermal softening, and strain-driven structure transformation limits influenced by pressure and magnetic field) are obtained for which localization to infinite shear strain is possible. Motivated by experimental and theoretical studies suggesting a non-negligible role of shear on phase transformations in iron (Fe), the model is used to understand influences of pressure and phase transitions on applied strains for which localization should occur in pure Fe and a high-strength steel. Results show, among other trends for the two materials, that shear localization in conjunction with phase transformation is promoted when the transformed phase is softer than the parent phase. Localization that would occur in the isolated parent phase can be mitigated if strain hardening or thermal softening tendencies of the transformed phase are sufficiently increased or reduced, respectively.

Controlling the New Rulemakers: A Much-needed Constitutional Framework for Outsourced Regulation

Controlling the New Rulemakers: A Much-needed Constitutional Framework for Outsourced Regulation