bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introductory Editorial Note to the Hungarian Report: The Pre-2010 Rule of Law Achievements and the Post-2010 Illiberal Turn
Authors: Albi Anneli 
Published: May 2019

AbstractThe Editorial Note recalls that in the case of Hungary, from the perspective of constitutional law it is important to draw the attention of the reader to two distinct periods in the development of Hungarian constitutionalism: the period from the beginning of the post-communist constitutional reforms up to 2010, and the subsequent change of direction that was marked by the preparation and adoption of the new Fundamental Law in 2011. Whilst the report on Hungary focuses on the latter period, it should not be forgotten that in the aftermath of the post-communist constitutional reforms (until about 2010), the Hungarian constitutional system was widely acclaimed in Europe for the particularly extensive safeguards for the rule of law and human dignity established by the Constitutional Court.
Constitutionalisation and Democratisation of Foreign Affairs: The Case of Switzerland
Authors: Kunz Raffaela , Peters Anne 
Published: May 2019

AbstractThe Swiss Constitution is unique in Europe in the way it organises international co-operation. Three features stand out: the very strong democratisation of foreign policy-making (through Parliament and through involvement of the people by virtue of referendums and popular initiatives), the relatively reluctant judicial review of measures based on international legal acts against the benchmark of fundamental rights, and, finally, the federal elements in conducting international relations. The Swiss case underscores both the desirability and the difficulties of compensatory constitutionalism as a normative programme. Switzerland, with its strong direct-democratic tradition, has started to react early to the impact of all types of global governance measures. However, major reforms, mainly with a view to strengthening the element of democratic control through domestic democratic institutions, have so far not succeeded in soothing popular aversion to ‘foreign’ and undemocratic international law and institutions. With regard to the second main element of contemporary constitutionalism, namely fundamental rights protection and judicial review, the reluctance of the Swiss Federal Tribunal to assume a role in protecting constitutional (or European) fundamental rights when implementing international law has led to conflicts with the ECHR. It is likely that the ECtHR, in compelling Switzerland to exercise such review, might in the end work more in favour of compensatory constitutionalism through the pressure it creates.
The Constitution of Malta: Reflections on New Mechanisms for Synchrony of Values in Different Levels of Governance
Authors: Xuereb Peter G. 
Published: May 2019

AbstractThe report observes that the Maltese Constitution of 1964 has significantly been influenced by the British constitutional tradition. This includes references to Erskine May as the British parliamentary ‘Bible’, the Westminster model of cabinet and parliament, and the fact that the Constitutional Court has weaker powers (acts can be repealed by Parliament only). The concept of the rule of law is drawn from English constitutional textbooks, from Dicey to Wade. However, a key difference is that unlike in the UK system, Parliament in Malta is not supreme but is subject to the Constitution as suprema lex. The bill of rights in the Constitution is similar to the ECHR; some constitutional provisions are not enforceable (e.g. a clause on limitation of rights). EU and international law, broadly speaking, have not presented acute constitutional issues. Nevertheless, the report notes a gap in the protection of constitutional values at the EU level, and an even greater gap at the global level. A case is made that the national and the ‘wider’ level ought to operate in synchrony according to the same core fundamental values and principles. The report puts forward the suggestion to expand the so-called yellow card mechanism so that constitutional issues beyond proportionality and subsidiarity could be raised by national parliaments ex ante when a proposal for EU legislation is issued.
The Netherlands: The Pragmatics of a Flexible, Europeanised Constitution
Authors: Besselink Leonard , Claes Monica 
Published: May 2019

AbstractThe Constitution of the Netherlands, which dates back to 1814–15, is an evolutionary constitution, based on incremental historical developments. A notable feature is that the Constitution bans constitutional review of Acts of Parliament and of treaties. A bill of rights was introduced in 1983; however, it omits a number of rights included in the ECHR and the EU Charter. Constitutional rights are not justiciable, in the sense that they cannot be invoked against primary legislation. The ECHR and the EU Charter are often regarded as providing stronger protection. Due to historical reasons, the notions of sovereignty and the people as the ultimate source of public authority have been absent in the Dutch legal and public discourse. The Dutch Constitution does not have the centrality to public debate that constitutions have in other Western countries. A salient feature of the Constitution is that although it does not mention the EU or the ECHR, it opens the legal order for both nearly unconditionally, granting them primacy over any conflicting national law. Contestation and conflict sensitive and fundamental constitutional issues are rare in the courtroom or in legal terms. Court cases have raised the question whether national institutions can derive powers from an EU measure directly, e.g. when imposing the obligation to repay EU subsidies, and whether an international technical standard that is available only after payment can be legally binding on individuals.
Interaction Between Precipitate Basal Plates and Tensile Twins in Magnesium Alloys
Authors: Hidalgo-Manrique P. , Robson J. D. 
Published: May 2019

Abstract
A textured Mg-Al-Zn alloy rolled plate was solution-treated and then aged at 320 °C for 2 and 116 hours, respectively. Afterwards, the three conditions were tested at room temperature in compression along the transverse direction to activate {10

$$ \bar{1} $$

1

¯

2} twinning. Both aged specimens exhibited a yield stress about 10 MPa higher than that of the solution-treated condition, with the increase of the yield stress attributed to the extra stress required for the twins to grow in the presence of particles. In order to understand the mechanism responsible for such strengthening, the effect of the precipitate basal plates on the critical resolved shear stress (CRSS) for twin growth was estimated using four different calculation approaches: Orowan stress to bow twinning dislocations around particles, elastic back-stress resulting from unsheared precipitates inside the twin, strengthening of basal slip within the twin (related to plastic relaxation), and stress to bow a twinning super-dislocation loop capable of further expansion. These methods give an order of magnitude difference in the calculated strengthening effect that spans the measured CRSS increase. The last two methods give the best estimates of the CRSS increase for twin growth depending on the aging time.
Menon-type identities concerning additive characters
Authors: Tóth László 
Published: May 2019

Abstract
By considering even functions ($$\hbox {mod}\ n$$

mod

n

), we generalize a recent Menon-type identity by Li and Kim, involving additive characters of the group $${\mathbb {Z}}_n$$

Z
n

. We use a different approach, based on certain convolutional identities. Some other applications, including related formulas for Ramanujan sums, are discussed as well.
Electrical Components of Maglev Systems: Emerging Trends
Authors: Prasad Nisha , Jain Shailendra , Gupta Sushma 
Published: May 2019

Abstract
Consistently rising environmental concerns and depleting petroleum resources have accentuated the need of sustainable, energy efficient and clean means of transport. This has provided the impetus to the research and development of clean alternatives for existing public transportation systems. Development of linear motor-propelled, contact-less maglev systems is considered a promising alternative to conventional on-wheel rail transport technology. Maglev technology primarily focuses on improving the performance, speed, fuel economy, driving range and operating cost of the transit system. These parameters vary with the design and efficiency of the electrical system used in maglev-based transportation systems. To present this study, firstly, a detailed survey of the important constituents of a maglev electrical system has been carried out with techno-economic perspectives. Contemporary maglev technologies have then explored along with their respective advantages and limitations. Electrical systems form the heart of maglev systems and, therefore, this paper presents the components of a standard electrical system together with the comparative analysis in terms of present trends, on-going technological advancements and future challenges.
Over-MakingNyanga: Mastering “Natural” Beauty and Disciplining Excessive Bodily Practices In Metropolitan Cameroon
Authors: Mougoué Jacqueline-Bethel Tchouta 
Published: May 2019

Abstract:This study examines how Anglophone urban elites in 1960s metropolitan Cameroon negotiated local and global ideas about culturally constructed forms of “natural” black beauty. Formally-educated Christian urbanites, such as freelance female journalists, who often worked as civil servants, sought to discipline women’s bodily practices and emotional expressivity in order to regulate the boundaries of perceived feminine respectability and to define a woman’s “natural” beauty, a descriptor with both internal and external implications. The language they used included both local terms such asnyanga, a Cameroonian Pidgin English word for varied ideas about beauty and stylishness, and standard English terms. This specific use of language illustrates the hybridity of understandings of natural beauty and bodily comportment, painting a distinct African imagery denoting the social progression of black Cameroonian elite subcultures.
Singing Politics: Freedom Songs and Collective Protest in Post-Apartheid South Africa
Authors: Jolaosho Omotayo 
Published: May 2019

Abstract:This article examines the continued salience of sung protests in South Africa by investigating the adaptation of anti-apartheid freedom songs along with the emergence of new expressive forms in ongoing community mobilizations. Based on sixteen months of ethnographic research in Johannesburg, this article argues that freedom songs constitute a distinct register that is politically efficacious due to singing’s aesthetically embodied effects. Formative elements of antiphony, repetition, and rhythm constitute a musical practice that organizes protest gatherings, allows for democratic leadership, and fosters collective participation. These practices yield a plasticity in the songs that makes them adaptable to changing political circumstances.
Some Remnants of Ancient Laws in the Deuteronomic Code
Authors: Zakovitch Yair 
Published: May 2019

This short article deals with two of the Deuteronomic laws: the law of the tithe (Deut. 14:22–28; 26:12–16) and the law of the Hebrew slave (Deut. 15:12–18). It is not intended to present a comprehensive study of these two laws, but to limit the investigation to the uncovering of those ancient laws referred to only by the author of Deuteronomy and not by the authors of the other Biblical codes, including that of the Covenant Code.I.Bashanah hashlishit shnat hama'asar“in the third year, which is the year of tithing” (Deut. 26:12).The reader of the law of the declaration of the tithe will quickly discern a contradiction: the tithe of the third year is given to the Levite, sojourner, orphan, and widow,bisharekha, literally, “within your gates” (within which there are no cultic places according to the laws of Deuteronomy—Deut. 26:2b). On the other hand, the tithe is declared in the Templelifnei adonai“before the Lord” (Deut. 26:1s). Another surprising point is that the law creates an impression of unfamiliarity with the annual tithe. Apparently, only the triennial tithe is known: “in the third year, which is the year of tithing”.
Development of Criminal Law in Israel During the 25 Years of its Existence
Authors: Bach Gabriel 
Published: May 2019

A few days after the State of Israel was established in 1948 a law was passed by the Provisional Council of State which enacted, that the law in force in Palestine on the eve of the creation of the new State should remain in force in Israel, with such modification as the establishment of the State and its organs rendered necessary, until varied or revoked by the legislative organs of the State.That meant, in effect, that as far as Criminal Law and Procedure were concerned, the rules of English law were retained by the State of Israel.The substantive criminal law, the Criminal Code Ordinance, as enacted by the British Mandatory Administration for Palestine, is still in force in Israel, except for those parts that have been repealed or amended by the Israel legislature. This Ordinance was enacted in 1936 and constitutes an attempt to codify the English Common law. Similar laws were passed by the British Colonial Administrations in Sudan (1924) and in Cyprus (1929).Under one of the provisions of this Ordinance, the Code and the expressions used in it have to be interpreted and construed in accordance with the rules of English law and interpretation.
Some Legal Aspects of the Struggle for the Rights of Jews in the Soviet Union
Authors: Rosenne Meir 
Published: May 2019

The problem of the Jews in the Soviet Union is one of the most important issues that dominates our life today. It is not my intention to deal with the numerous aspects of this problem nor to describe the history of the struggle of Soviet Jewry. I shall deal only with some of the legal considerations concerning this issue and more specifically with four of them:1. Is Israel entitled, from the point of view of International Law, to raise the issue of Soviet Jews in International Organizations in general? Is it not a violation of the Charter of the U.N. and an intervention in the domestic affairs of a Sovereign State?2. Does public protest help in the defence of the rights of the Jews in the Soviet Union?3. Does the Soviet Union violate Soviet law or any international obligation in discriminating against Soviet Jews?4. According to International Law, is Israel entitled to grant Israeli nationality to Jews living in the Soviet Union?
Frustration of Purpose
Authors: Tedeschi G. 
Published: May 2019

For all its merits, case law is incapable of inculcating Cartesian thinking, thinking which is clear and distinct. Admittedly the legislature also is not always careful in making apparent the ratio of its enactments—sometimes it is not even aware thereof—but at least it will not consciously obliterate distinctions. By contrast, case law normally masks its innovations and postulates conceptions which are somewhat vague. It is consequently natural to regard with suspicion any endeavour to mark out clear-cut boundaries, much in the manner of Roman thinking that “all definitions in law are dangerous”.Considerations such as these are awakened, for example, in connection with the leading case ofKrellv.Henry, the most well-known of the “Coronation cases”. To determine the force and significance of this precedent is a primary task in English law itself because on that will depend whether or not it is innovatory; but it is especially crucial in point of Israel law for the purpose of deciding whether it has any foothold in this country.
The Significance of the Requirement of Double Criminality in the Law of Extradition
Authors: Feller S. Z. 
Published: May 2019

This was an appeal from a decision of the Tel-Aviv-Yafo District Court, declaring the appellant Ross to be liable to extradition on the Attorney General's petition presented at the request of the Government of the United States.The appellant had been indicted before the Federal Court of the Eastern District of Louisiana on two charges, namely, transportation of a person in interstate and foreign commerce and receiving ransom money, in contravention of, respectively, secs. 1201 and 1202, chap. 18, para. 55, of the Federal Criminal Code. It was alleged that on August 21, 1972, the said Ross, being in possession of a revolver had kidnapped the two and a half year old Diana Cando Creon from her parents' home in the town of Pueblo (Mexico); that between that date and September 12 of the same year he had taken the child across international and interstate borders, from Mexico to the United States and, within the United States, from New Orleans, Louisiana to Biloxi, Mississippi; that he had illegally detained her throughout this period for the purpose of obtaining ransom, conducting negotiations to that effect with her father; and that he eventually succeeded in obtaining, in return for her release, the sum of U.S. $ 105,000—after which the little girl was found safe and sound in a hotel in Biloxi.
Liability of the Physician in Jewish Law
Authors: Silverstein Arthur Jay 
Published: May 2019

Medical jurisprudence and particularly malpractice by the physician have becomes the subject of increasing concern and scholarly interest. The approach of other civilizations to the physician's liability has been previously explored. This inquiry will seek a comprehensive understanding of the liability imposed upon the physician in Jewish law.First, to provide the proper context, the general status and role of medicine and the physician in Jewish law will be briefly considered. Then, the situations in which a physician is obligated to treat or to refrain from treating patients will be explored. Assuming the physician has agreed to treat the patient, the various standards of conduct—due care, negligence, gross negligence, battery, unauthorized practice—and the liability that attaches in each will be outlined. Then, the special liability of a physician in cases of a patient's death will be analyzed. Thereafter, the effect of a patient's waiver of any claim for damages against the doctor will be considered. Finally, the overall approach adopted by Jewish law to the problem of physician's liability will be evaluated.
The Scope of Reciprocity in Extradition
Authors: Feller S. Z. 
Published: May 2019

This paper is devoted in the main to one aspect of the problem of reciprocity in matters of extradition focusing attention on its impact on the admissibility of a request for extradition when Israel is the requested state and the person sought is an Israeli national.The State of Israel has entered into bilateral extradition treaties with eight states and through the multilateral European Convention on Extradition with thirteen other states.A. Three categories of agreements: These agreements may be grouped into three categories according to their treatment of offenders who are nationals of the requested state.(1) There are in the first place those agreements which contain no reference to or limitations upon the extradition of the parties' nationals, namely, the agreements with the United Kingdom, Swaziland and Canada.
Reflections on the Changing Concept of Self-Determination
Authors: Blum Yehuda Z. 
Published: May 2019

The following observations exclude from their scope two questions that are customarily brought into the discussion whenever the problem of self-determination is analyzed, namely:1) Is self-determination to be equated necessarily with independence or are there any other conceivable models of self-determination?2) What is a “people” for the purpose of exercising this right and where is the borderline to be drawn between peoples entitled to invoke this right and other entities not so entitled?It is suggested that for the purposes of these brief observations it be assumed that self-determination is indeed to be equated with political independence and that there exists a way of establishing what group of persons qualifies for the term “people” and which entities do not.
CATEGORIE E DIMENSIONI DEL MUTAMENTO POLITICO
Authors: Morlino Leonardo 
Published: May 2019

IntroduzioneChi cercasse una teoria generale dello sviluppo o del mutamento politico, nella vastissima letteratura sul tema, rimarrebbe deluso. Senza dubbio, numerosi e rilevanti tentativi sono stati fatti in questa direzione. In nessun caso, però, sono stati realizzati i requisiti minimi che contraddistinguono un paradigma; ma soprattutto non si è riusciti a formulare una teoria chiara, compiuta e ben articolata, anche se non condivisa da tutta la comunità scientifica. Tale non è, ad esempio, l'atteso volumeCrises and Sequences in Political Development, come riconosce nel capitolo conclusivo uno dei suoi autori, Verba. Eppure questo volume giunge dopo dieci anni di studi e ricerche del famoso Comitato per la Politica Comparata delSocial Sciences Research Council, di cui fanno parte alcuni fra i piú importanti studiosi del campo. Il principale obiettivo del Comitato e una delle esigenze piú intensamente percepite dai suoi componenti era proprio la formulazione di strumenti teorici piú approfonditi per la comprensione dello sviluppo. Non è ancora una teoria compiuta neanche l'interessantissimo e assai promettente approccio proposto dall'ultimo volume di Almond, lo studioso piú influente e certo uno dei capiscuola del settore dello sviluppo politico.
L'OPPOSIZIONE DIFFICILE
Authors: Pasquino Gianfranco 
Published: May 2019

Introduzione≪ Dei 113 membri delle Nazioni Unite, nel 1964, soltanto una trentina circa avevano sistemi politici nei quali era esistita nel decennio precedente una opposizione pienamente legale fra i partiti politici organizzati ≫. Cosí si apriva il volume Political Oppositions in Western Democracies curato da Robert Dahl nel 1966, e certamente la situazione da allora non è cambiata di molto. Anche se vi sono nuovi Stati membri dell'ONU è molto improbabile che anche solo in alcuni di essi vi sia un'opposizione legale attiva organizzata. Non solo al fine di indagare sugli Stati nei quali si manifesta sotto qualsiasi forma una resistenza al governo, ma anche per ampliare il campo d'indagine e per rendere conto dell'attività politica in sistemi molto importanti e per popolazione e per status internazionale e per tipo di regime politico, Dahl ha recentemente curato un nuovo volume Regimes and Oppositions che colma, in parte, una lacuna.
IL CASO ITALIANO: SALVARE IL PLURALISMO E SUPERARE LA POLARIZZAZIONE
Authors: Sartori Giovanni 
Published: May 2019

IntroduzioneLuciano Pellicani si chiede, e chiede, se l'Italia sia ancora un sistema di ≪ pluralismo polarizzato ≫. Non saprei pensare, con i tempi che corrono, a un interrogativo di maggiore momento. E mi sento in dovere di rispondere subito e per primo. Subito perché gli eventi incalzano e siamo all'ora della verità; e per primo non tanto perché io sia il padre del modello del pluralismo polarizzato, ma per rilanciare il dibattito in seconda battuta, e cioè per promuovere un piú largo dibattito. Ogni terapia presuppone una diagnosi, e cioè una chiara ed esatta percezione dei mali che ci affliggono. E per avere idee chiare occorre discuterle e confrontarle.