bluuebunny/crossref_metadata_2025_split huggingface dataset:
Social Rights Against the Poor
Authors: Gouvêa Carlos Portugal 
Published: February 2017

Abstract
The main argument of this work is that the discourse of social and economic rights in Brazil has been appropriated by privileged economic groups with the result that the constitutional protection of those rights is no longer carrying out its function to reduce economic inequality. This article will be divided into three parts. The first is a discussion of the historic context of patrimonialism in Brazil as well as the origins of economic inequality in the country. The second part is devoted to the theoretical debate surrounding the con­stitutional protection of social and economic rights in light of what is often referred to as ‘new constitutionalism’, along with an interpretation of the structure for protecting social and economic rights that is present in the Brazilian constitution. The third part consists of a case study of the current state of the judicialization of the right to health in Brazil, with special attention to free concession of medicine and the new legislation on the subject. In conclusion, the paper argues that judicial decisions on the right to health, in particular, and social and economic rights, in general, have been formalistic, with little regard to their (often negative) distributive impact. The solution is then not to move from individual litiga­tion to collective litigation (eg class actions), but to move from an ‘individual rights’ approach to a ‘distributive’ approach, which takes into account the effects of court decisions not only with respect to the parties involved but also to the rights of the poorest of the poor.
Aid Conditionality as (Partial) Answer to Antigay Legislation: An Analysis of British and American Foreign Aid Policies Designed to Protect Sexual Minorities
Authors: Kretz Adam J. 
Published: February 2017

Abstract
The past decade has seen impressive gains for human rights activists desiring greater protections for lesbian, gay, bisexual, and transgender (LGBT) persons. However, it has also seen regression: concerted attempts by leaders, particularly in Africa, the Mid­dle East, and Asia, to further criminalize sexual orientation and same-sex sexual activity while vilifying and marginalizing LGBT citizens.
This Article explores the recent attempt by the United States and United Kingdom to ef­fectuate a possible solution to the rapid proliferation of these antigay statutes - threats to tie portions of foreign aid disbursements to the ways in which countries treat their LGBT citizens. After examining recent attempts at antigay legislation in a number of nations, most notably Malawi and Uganda, this Article discusses the fundamental differences be­tween the newly proposed American and British foreign aid policies, and critiques the theories underlying their development and implementation. Ultimately, this Article con­cludes that the American and British attempts to protect LGBT persons through aid condi­tionality serves as a powerful signaling effect, but will ultimately fail to convince antigay leaders and legislators from further passing these dangerous laws.
PIGS and Pearls: State of Economic Emergency, Right to Resistance and Constitutional Review in the Context of the Eurozone Crisis
Authors: Dimopoulos Andreas 
Published: February 2017

Abstract
Taking the financial crisis in Portugal, Italy, Greece and Spain, (commonly re­ferred to with the derogatory acronym PIGS), as backdrop to this analysis, the article claims that institutional design in Europe (focusing on Greece and Portugal in particular) has not addressed the state of economic emergency. This gap in institutional design, to­gether with the unpopularity of emergency austerity measures, raises serious doubts con­cerning their legitimacy and constitutionality.
The article analyses two theoretical responses to this grey area of constitutional legality: the first one construes social unrest in Greece against austerity measures as a legitimate exercise of the right to resistance, entrenched in Art 120 of the Greek Constitution.
The second response selected for analysis is the constitutional review of austerity meas­ures by the Portuguese Constitutional Court, which is presented as a robust example of successful constitutional review.
The article argues that constitutional review with regards to emergency financial measures oscillates between strict adherence to the rule of law and deference to legislative authority in a time of economic crisis, thus raising serious doubts as to its efficiency and persuasive­ness. States of economic emergency should be addressed as an urgent matter of institu­tional design.
The New Zealand Food Bill and Global Administrative Law: A Recipe for Democratic Engagement?
Authors: Adamson Bryce 
Published: February 2017

Abstract
The New Zealand Food Bill is being passed amidst stern criticism of its content and the influence of multi-national corporations and the Codex Alimentarius Commission, whose food-safety standards motivated the bill. These concerns illustrate the large democratic and legitimisation deficits in global governance. One response to these criticisms and concerns is global administrative law, which focuses on promoting administrative law tools to enhance accountability. However, an examination of the Food Bill reinforces two main critiques of global administrative law: that it excludes addressing substance of international law and brackets democracy. I argue the limited GAL approach cannot be justified and the significant gaps in its approach require that it engage with democracy. I analyse the possibilities of global administrative law to engage with (to acknowledge and adopt) two theories of global democracy - deliberative and cosmopolitan - using the Food Bill as a case study.
Adam Smith’s Lectures on Jurisprudence – Justice, Law, and the Moral Economy
Authors: Kendall Walter J 
Published: February 2017

Abstract
Adam Smith, a leading thinker of the British Enlightenment, is universally known as the author of the ‘Wealth of Nations’ and an economic theorist. He is less well known as the author of ‘The Theory of Moral Sentiments’ and an ethicist. And known almost not at all for his ‘Lectures on Jurisprudence’ or as a legal theorist.
This essay looks at Smith’s thought through the lens of his Lectures on Jurisprudence. It highlights the almost paradoxical positions Smith had on self-interest, markets, govern­ment, and economic expansion. Obscured by his reputation and these paradoxes are his views on justice, equality, and power. This essay concludes that Smith’s ‘justice’ is deficient and no substitute for the ‘bread nexus’ of the moral economy.
Czech Presidential Elections 2013
Authors: Molek Pavel 
Published: February 2017

Abstract
The article describes the reasons for the constitutional amendment to the Czech Constitution turning the traditional indirect elections of the President of the Republic into direct popular vote. It analyses the shortcomings of the constitutional amendment as well as of the Act on Presidential Elections. In the two parts that follow, it addresses the two main problems of the presidential elections: the registration of the candidates and the elec­tion campaign, and analyses the milestone decisions of the Supreme Administrative Court regarding these two questions. Finally, the author reflects the first year of presidency of Miloš Zeman and his questionable attempts to broaden the scope of presidential competences by innovative interpretation of the Czech Constitution.
Supremely Fallible? A Debate on Judicial Restraint and Activism in Pakistan
Authors: Ahmed Sanaa 
Published: February 2017

Abstract
Despite a rich history of judicial review, the activism witnessed during the tenure of former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry (2005-20131) was gener­ally seen as unprecedented in Pakistan and eventually led to the court being accused of politicization, judicial overreach and even ‘judicial terrorism’.2 This paper examines the calls for ‘strategic judicial restraint’ in the sphere of economic decision-making within Pa­kistan’s broader socio-political context.
The Chaudhry court’s activism is mapped against the historic trajectory of judicial review in Pakistan, particularly the cases pertaining to military takeovers and administrative law. It is contended that the seeming expansion of the frontiers of judicial review merely mark the renegotiation of political power between the judiciary, the military as well as political and economic elite. Further, it is argued that the economy was the most convenient amphi­theatre for this battle for greater political relevance by and among the political actors in contemporary Pakistan and not, as alleged, what was actually being fought over.
Where’s Waldo? Looking for the Doctrine of Proportionality in Indian Free Speech Jurisprudence
Authors: Ambast Ashwita 
Published: February 2017

Abstract
The doctrine of proportionality has wide, growing transcontinental application in the realm of constitutional rights adjudication. Indian constitutional law is no exception to this trend. This article documents the use of proportionality analysis by the Indian Su­preme Court in cases involving the right to free speech. While it is clear that the proportionality analysis has been employed by the Apex Court, it is argued that the application of the doctrine is partial and inconsistent.
Understanding Brazilian Administrative Law, the Related Literature, and Education: A Comparison with the System in the United States
Authors: Gabardo Emerson 
Published: February 2017

Abstract
This paper presents research on a typical subject in comparative law: doctrinal thinking about (and teaching methods for) administrative law in Brazil and the United States. The paper’s initial research hypotheses are as follows: 1) in contrast to the United States, in Brazil, legal scholarship (legal academic writing) has significantly influenced the construction of the theoretical principles that form the basis of the public administration system; 2) the Brazilian understanding of administrative legal scholarship is distinct from that of the United States regarding several specific but representative issues; 3) in Brazil, administrative law textbooks and monographs focus on general principles and direct state intervention, whereas in the United States, administrative law education focuses on regulatory issues; and 4) regulatory (and policy or decision-making) concepts are more complex than they initially appear. These initial hypotheses will either be confirmed or refuted at the end of the study. The methodological research scope is an analysis of the study, teaching, and theoretical approach to the science of administrative law through a comparison of the two systems. The conclusions aim to assist legal researchers in both countries by broadening the understanding of the differences in meaning between apparently similar institutions and expressions while analyzing relevant semiological differences. Therefore, the paper does not represent an analysis of the particular legal systems but instead offers a methodology for understanding the two jurisdictions under consideration.
The European Court of Human Rights and Transnational Judicial Dialogue
Authors: Zoethout Carla M 
Published: February 2017

Abstract
Over the past decade, the European Court of Human Rights (ECtHR) seems more and more inclined to use foreign sources of law, that is to say, law that does not originate in the Convention itself or in one of the Member States of the Council of Europe. Unlike in the US, there is little discussion in Europe about this form of judicial dialogue in the case-law of the ECtHR. This paper seeks both to clarify transnational dialogue by the ECtHR and find ways to justify this practice, against the backdrop of the American debate on this topic. First, the concept of transnational judicial dialogue is analysed (Part II). Then judicial dialogue as it presents itself in the judgments of the ECtHR is assessed, especially when non-Convention or foreign law is being used in a substantive way (Part III). Subsequently, an attempt is made to define when and why the use of foreign law by the ECtHR can be considered a justifiable approach in judicial decision-making (Part IV). The paper rounds off with some concluding remarks (Part V).
EU Law in the Czech Republic: From ultra vires of the Czech Government to ultra vires of the EU Court?
Authors: Šlosarčík Ivo 
Published: February 2017

Abstract
Before the Czech Republic joined the European Union in 2004, its constitution has been amended with objective to guarantee constitutional conformity of the EU accession. The Czech legal system has been opened to external legal provisions and a constitutional mechanism has been established for transfer of competencies to an external entity, all framed by the explicitly formulated constitutional principle of loyalty to the international obligations of the Czech Republic. However, the ‘European amendment’ of the Czech Constitution has left several important issues unanswered, such as the principle of supremacy of the EU law or relations between the Czech Constitutional Court and the Court of Justice of the EU.
This article analyses how the Czech Constitutional Court tackled with EU-related constitutional issues that emerged during the first decade of Czech membership in the EU. Focused on four key cases decided by the Czech Constitutional Court (sugar quotas, European Ar­rest Warrant, Lisbon Treaty, Slovak Pensions), the article will demonstrate how the Czech Constitutional Court combined a conservative and pragmatic approach in its EU law related case-law by formulating a constitutional doctrine of a ‘EU-friendly’ interpretation of Czech constitutional rules, while, at the same time, leaving the EU law formally outside the frontiers of Czech constitutional law and refusing EU law to be used as the ultimate argument in intra-judiciary disputes in the Czech Republic.
Restoration Constitution-Making
Authors: Partlett William 
Published: February 2017

Abstract
This Article will examine an important - but largely ignored - approach to constitution- making: The use of restored constitutional orders as the basis for the creation of a new constitutional order. Looking at this ‘restoration constitution-making’ in post-communist constitutional transition, it will describe how restoration held both advantages and disadvantages. On one hand, restoration improved the politics of constitution-making by helping to avoid the elite manipulation of extraordinary institutions during constitutional drafting. On the other hand, the restoration of decades-old constitutions also led to restored laws that privileged past generations and undermined broad popular participation. Finally, restoration was an important part of gaining international recognition for independence. This international component suggests that constitution-making is about more than just domestic politics. These findings are an important first step in understanding the potential of restoration to ensure a successful constitutional transition.
Constitutional Politics in Contemporary Hungary
Authors: Drinóczi Tímea 
Published: February 2017

Abstract
This paper argues that what has happened with and led to the 4th amendment to the Fundamental Law of Hungary adopted in 2013 (and to the 5th amendment of the same year) is a reasonable and simple consequence of the technique of the political power that has been exercised in Hungary since 2010 in the course of amending the former Constitution and of the preparation and adoption of the new one. In order to understand why the change is so drastic and radical, it is inevitable to assess constitutional politics between 1989 and 2010 from a perspective of the constitution-changing and -making powers and the methods and techniques employed. The outcomes of constitutional politics between 1989 and 2010 gave rise to political criticism and the developments related to the Constitution (Act XX of 1949) were also surrounded by evident dissatisfaction. Yet, what has been happening since 2010 is far more problematic in the light of constitutionalism and democratic values.
Explaining Death Penalty Clemency in the Socialist Republic of Vietnam from 1986 to 2015
Authors: Pascoe Daniel 
Published: February 2017

Abstract
: Regarding the operational specifics of death penalty policy, David T Johnson and Franklin E Zimring have argued that it is extreme left or right wing authoritarian states′ aversion to a limitation of their own powers that determines high rates of executions in countries such as Vietnam, Singapore, China and North Korea as opposed to other, lesspunitive Asian nations which share similar cultural and religious characteristics. For a regime like Vietnam’s, the swift carrying out of a death sentence, especially when performed in public, serves to highlight the state’s power over life and death and enhance political control over the domestic constituency. At first glance then, little scope for the exercise of the clemency power as a form of lenient reprieve from the death sentence by the executive government appears possible under a repressive regime of this nature.
However, unlike China and Singapore, a notable feature of Vietnam’s death penalty practice since the Doi Moi reforms of 1986 has been the executive’s willingness to reprieve a large minority of prisoners sentenced to death through Presidential clemency, even though executions themselves have continued. What official and unofficial justifications have been given for grants of Presidential clemency in Vietnam, and relatedly, what structural and cultural factors explain the use of clemency in a noticeable proportion of death penalty cases? These are the under-researched questions I provide plausible explanations for in this article, incorporating an empirical study of Vietnam’s death penalty clemency grants since the mid-1980s, interpreted through the lens of the relevant academic literature on clemency and pardon grants.
On a mnemonic construction of permutations
Authors: Antal Eugen , Grošek Otokar , Horak Peter 
Published: February 2017

AbstractIn the past when only “paper and pencil” ciphers were in use, a mnemonic Bellaso’s method was applied to obtain a permutation from a meaningful phrase. It turns out that even nowadays this method and its variations are employed and provide a simple but at the same time efficient tool for some ciphers. To the best of our knowledge the security of such ciphers has not been evaluated yet in all respects. Therefore, in this paper we initiate a study of their security with respect to the probability distribution of permutations obtained by Bellaso’s method.
Aristotle on Philoctetes’ Snake? Hom. Il. 2.721–725 and Ael. NA 4.57
Authors: Mayhew Robert 
Published: February 2017

Abstract
Ael. NA 4.57 describes what Aristotle is supposed to have said about the effects of the bite of a water-snake (ὕδρος) on a human being. This chapter has generally been considered a fragment from a lost work of Aristotle on animals, though the possibility that it came from a lost medical work is in the present essay also suggested. In any case, by considering the content of NA 4.57 in the context of discussion by ancient Homeric scholars of the snake that bit Philoctetes – concerning what kind of snake it is, and what were the effects of its bite – this essay attempts to show that NA 4.57 may provide evidence for commentary by Aristotle, in his lost Homeric Puzzles, on Hom. Il. 2.721–725, the passage on Philoctetes in the Catalogue of Ships.
Review of heavy metal accumulation on aquatic environment in Northern East Mediterrenean Sea part I: some essential metals
Authors: Yılmaz Ayşe Bahar , Yanar Alper , Alkan Ela Nur 
Published: February 2017

AbstractAll pollutants can reach the aquatic environments and the levels of heavy metals in upper members of the food web like fish can reach values many times higher than those found in aquatic environment or in sediments. Although heavy metals are essential or non-essential, all heavy metals are potentially harmful to humans and most organisms at some level of exposure and absorption. Marine organisms are good indicators for long-term monitoring of metal accumulation. The present review study is for evaluation of the data from previous studies about the toxic effects of selected heavy metals, like essential metals (copper, zinc, iron, chromium, and manganese), on seawater, sediment, and in different tissues of aquatic animals (demersal and bentic fish, invertabres) collected from different areas in Northern East Mediterrenean Sea since the 1990s. Some concern arose from previous studies, particularly in terms of safety for human consumption. For this purpose, 86 articles and 4 theses were examined and information was collected on the table to open a forward-looking view of the pollution of studied area. In previous studies, the variations in feeding habits, habitats, and the level of copper found in edible muscles of the demersal fish species (deep water fish species, carnivore) such asMullus barbatus barbatus,Solea lascaris,Sparus auratawere always higher than those found in pelagic (omnivore)Mugil cephalus, Liza aurata.Results show discrepancies caused by many factors; thus, more work must be done carefully.
Public Goods, Private Consumption, and Human Capital: Using Boosted Regression Trees to Model Volunteer Labour Supply
Authors: Emrich Eike , Pierdzioch Christian 
Published: February 2017

Abstract
Economists use three types of models to describe volunteer labour supply: the public-goods model, the private-consumption model, and the human-capital model. We used data from an online survey questionnaire of volunteers working for the German Red Cross to study the extent to which utility components representing these three types help to explain volunteer labour supply. We analysed the survey data using boosted regression trees, where we controlled for several other potentially important socioeconomic correlates of volunteer labour supply. We used measures of relative influence and partial dependence plots to analyse the strength and the direction of the correlation of the utility components and the other socioeconomic variables with volunteer labour supply.