bluuebunny/crossref_metadata_2025_split huggingface dataset:
Visual Feedback Attenuates Mean Concentric Barbell Velocity Loss and Improves Motivation, Competitiveness, and Perceived Workload in Male Adolescent Athletes
Authors: Weakley Jonathon J.S. , Wilson Kyle M. , Till Kevin , Read Dale B. , Darrall-Jones Joshua , Roe Gregory A.B. , Phibbs Padraic J. , Jones Ben 
Published: July 2017

Abstract
Weakley, JJS, Wilson, KM, Till, K, Read, DB, Darrall-Jones, J, Roe, GAB, Phibbs, PJ, and Jones, B. Visual feedback attenuates mean concentric barbell velocity loss and improves motivation, competitiveness, and perceived workload in male adolescent athletes. J Strength Cond Res 33(9): 2420–2425, 2019—It is unknown whether instantaneous visual feedback of resistance training outcomes can enhance barbell velocity in younger athletes. Therefore, the purpose of this study was to quantify the effects of visual feedback on mean concentric barbell velocity in the back squat and to identify changes in motivation, competitiveness, and perceived workload. In a randomized-crossover design (Feedback vs. Control), feedback of mean concentric barbell velocity was or was not provided throughout a set of 10 repetitions in the barbell back squat. Magnitude-based inferences were used to assess changes between conditions, with almost certainly greater differences in mean concentric velocity between the Feedback (0.70 ± 0.04 m·s−1) and Control (0.65 ± 0.05 m·s−1) observed. In addition, individual repetition mean concentric velocity ranged from possibly (repetition number 2: 0.79 ± 0.04 vs. 0.78 ± 0.04 m·s−1) to almost certainly (repetition number 10: 0.58 ± 0.05 vs. 0.49 ± 0.05 m·s−1) greater when provided feedback, whereas almost certain differences were observed in motivation, competitiveness, and perceived workload, respectively. Providing adolescent male athletes with visual kinematic information while completing resistance training is beneficial for the maintenance of barbell velocity during a training set, potentially enhancing physical performance. Moreover, these improvements were observed alongside increases in motivation, competitiveness, and perceived workload providing insight into the underlying mechanisms responsible for the performance gains observed. Given the observed maintenance of barbell velocity during a training set, practitioners can use this technique to manipulate training outcomes during resistance training.
Taking Stock of the Drosophila Research Ecosystem
Authors: Bilder David , Irvine Kenneth D 
Published: July 2017

Abstract
With a century-old history of fundamental discoveries, the fruit fly has long been a favored experimental organism for a wide range of scientific inquiries. But Drosophila is not a “legacy” model organism; technical and intellectual innovations continue to revitalize fly research and drive advances in our understanding of conserved mechanisms of animal biology. Here, we provide an overview of this “ecosystem” and discuss how to address emerging challenges to ensure its continued productivity. Drosophila researchers are fortunate to have a sophisticated and ever-growing toolkit for the analysis of gene function. Access to these tools depends upon continued support for both physical and informational resources. Uncertainty regarding stable support for bioinformatic databases is a particular concern, at a time when there is the need to make the vast knowledge of functional biology provided by this model animal accessible to scientists studying other organisms. Communication and advocacy efforts will promote appreciation of the value of the fly in delivering biomedically important insights. Well-tended traditions of large-scale tool development, open sharing of reagents, and community engagement provide a strong basis for coordinated and proactive initiatives to improve the fly research ecosystem. Overall, there has never been a better time to be a fly pusher.
Constitutional law and international law at the turn of the century
Authors: Frowein JA 
Published: July 2017

Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century.
Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential.
Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts.
Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal.
Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction.
The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system.
In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community of
nations.
International law has also been instrumental in the worldwide recognition of human rights. Especially in Europe, Convention Law has had a strong impact. Furthermore, global and regional systems of regulation have tended to alter the legal attitude towards state sovereignty. It may be that the South African constitutional approach in terms of which international law is subject to constitutional and other national law, is not in line with international tendencies.
The best of both worlds? some reflections on the interaction between the common law and the Bill of rights in our new constitution
Authors: O'Regan Kate J 
Published: July 2017

The relationship between the Bill of Rights in the South African Constitution of 1996 and the common law is analyzed in this paper. "Common law" is understood broadly to include not only the Roman-Dutch law, but also the wide variety of legal sources and traditions which make up South African law, including African tradition, Muslim practice and the English law heritage.
Firstly an exposition of the chief characteristics of the hybrid system of South African common law is given. It is shown that the common law is not codified; that it is a living and organic system of law constantly under legislative and judicial review; that its sources vary from judicial precedent to civilian authorities, English, indigenous customary and Muslim law; that the style of litigation and adjudication is English rather than Continental in Character and that when a common law rule is modified, it is done retrospectively in conflict with principles of legal certainty.
Secondly the chief constitutional provisions relating to the relationship between the Constitution and the common law are considered. The supremacy clause (section 2) renders a common law rule which is inconsistent with the Constitution invalid from the date of the Constitution unless a court gives a different ruling in accordance with justice and equity. Courts have the inherent power to develop the common law, but the Constitutional Court may do so only in constitutional matters. Two forms of constitutional normative effects may be distinguished: direct (as in sections 2 and 8(1)) and indirect (as in section 39(2)). In terms of the latter the spirit, purport and objects of the Bill of Rights are to guide the development of the common law.
Thirdly the interaction between the common law and the Constitution is thoroughly explored with reference to common law rules that are in conflict with the Constitution as well as where the common law already provides protection for the rights provided by the Bill of Rights. These matters are explored with reference to a number of recent judgments of the Constitutional Court, in some of which the common law was effectively developed.
It is concluded that the firm normative thrust of the Constitution may well prove to be a rich source of principle for the development of the common law and that the flexibility of the common law may facilitate a cross-pollination between it and the Constitution.
Developmental and environmental responsibilities of the "Rechtsstaat"
Authors: Wolf Joachim 
Published: July 2017

The most important difficulty facing a Rechtsstaat idea when it comes to the realization of "sustainable development", lies in the structural differences between the constitutional order based on the Rechtsstaat on the one hand, and the dynamics of political and economic planning on the order. "Sustainable development" is development that links ecology and economy in such a way that ecological harm is minimized. Development should therefore be in the interest of future generations.
There is, however, not yet much legislation concerning environmental protection, because the Rechtsstaat finds itself in a position where it cannot take sides. In no circumstances can the state legalize the ecological aspect, for this will presuppose state interference in the economic system, therefore violation a principle of the Rechsstaat. Environmental protection could thus easily be misused as the basis for allowing the state to directly manipulate the economic process.
The state has the duty to invoke which measures which could help to regulate environmental harm and to create a legal basis for future economic and technological developments which are compatible with environmental protection. The German Constitutional amendment of 1994 deliberately did not take up environmental protection in the catalogue of fundamental rights. In terms of German constitutional law, state goals bind the legislature and should be translated into legislation. Article 20a GG formulates environmental protection as a state goal.
It would be seem to be fair to suggest that the most important contribution towards getting to grips with the responsibilities of the Rechsstaat in promoting environmental protection has been made by legislative bodies in European as well as in German environmental law. The legislative measures require that precautionary measures should be taken by those who cause the environmental damage or risk. Environmental protection and economic development are inseparable in state politics. While planning economic policy the state has to take into account the environmental impact of such policy in order to give effect to the precautionary principle. The precautionary principle thus has a regulatory character and a planning law dimension.
In a Rechtsstaat the state can regulate environmental protection only through the precautionary principle so as not to interfere in economic policy. Only in this manner can "sustainable development" be maintained.
The Constitutional Court’s contribution to sustainable development in South Africa
Authors: Kroeze Irma J 
Published: July 2017

Freedom is central to most constitutions. In the constitutional context, freedom usually means both personal freedom and political freedom. Personal freedom can be described as the right to decide for oneself the terms of one's life, both individually and communally. It is what Frank Michelman calls self-rule: it "demands the people's determination for themselves of the norms that are to govern their social life".3 Political freedom, on the other hand, implies the protection against arbitrary government power. This is what Michelman calls law-rule. In most constitutional dispensations both these types of freedom are implicated and the South African constitution is no exception.4 But, it is ironic that in most constitutional democracies these two types of freedom are also frequently in conflict with one another. In fact, it is not far-fetched to suggest that they are conceptually contradictory.
God's Kingdom in The Law's Republic: religious freedom in South African constitutional jurisprudence
Authors: Kroeze Irma J 
Published: July 2017

Freedom is central to most constitutions. In the constitutional context, freedom usually means both personal freedom and political freedom. Personal freedom can be described as the right to decide for oneself the terms of one's life, both individually and communally. It is what Frank Michelman calls self-rule: it "demands the people's determination for themselves of the norms that are to govern their social life".3 Political freedom, on the other hand, implies the protection against arbitrary government power. This is what Michelman calls law-rule. In most constitutional dispensations both these types of freedom are implicated and the South African constitution is no exception.4 But, it is ironic that in most constitutional democracies these two types of freedom are also frequently in conflict with one another. In fact, it is not far-fetched to suggest that they are conceptually contradictory.
Constitutional Interpretation according to First National Bank of SA Limited T/A Wesbank v Commissioner for the South African Revenue Services and another; First National Bank of SA Limited T/A Wesbank v Minister of Finance 2002 (7) Bclr 702 Cc
Authors: Van der Schyff Elmarie 
Published: July 2017

“Constitutional interpretation” has become the focus point of all lawyers and academics interested in the development of Constitutional Law in South Africa. But far more important than mere interest, is the practical application of the Constitution in every matter handled by lawyers and presided over by presiding officers.

Words, phrases and ideas, foreign to the Roman-Dutch judicial system, have entered our jurisprudence. New concepts have emerged and old, familiar concepts have been re-defined. It is essential to define these new concepts. The guidelines for this interpretation process, laid down by the Higher Courts, specifically the Constitutional Court, are indispensable for the development of Constitutional Law in South Africa.
Interpreting socio-economic rights - transforming South African society
Authors: Van Rensburg Linda Jansen 
Published: July 2017

Honourable Justices, Ladies and Gentlemen, before I embark on my paper I would like to quote the following words of Archbishop Desmond Tutu1 who describes human rights as "God-given, there simply and solely because we are human beings". He further notes that:
they were universal – everyone, just everyone whoever they might be, whether rich or poor, learned or ignorant, beautiful or ugly, black or white, man or woman, by the fact of being a human being had these rights. …. As a Christian I would add that each person was of infinite value because everyone had been created in the image of God. Each one was a God carrier and to treat any such person as if they were less than this was blasphemous, a spitting in the face of God.2
Human Rights and the continuous transformation thereof in a Bill of fundamental enforceable rights have changed the face of South African society forever. These rights guarantee each citizen equality, freedom and human dignity irrespective of race, colour, sex and the fact that they may be rich or poor. The Constitution contains a Bill of Rights that addresses both civil and political rights as well as socio-economic rights. Socio-economic rights in laymen's terms are rights placing an obligation on the state to act positively in favor of its citizens. These rights are also known as second generation -, welfare – or (and) red rights. They are specifically aimed at realizing the rights to access to housing, health-care, sufficient food and water, and social security of those in need.
Menswaardigheid na tien jaar van regstaatlikheid in Suid-Afrika
Authors: Ackermann LWH 
Published: July 2017

Human dignity has been the marrow of our Constitution and our constitutional state since 1994. The inherent dignity of man is also a key principle of the Universal Declaration of Human Rights of 1948. The Kantian categorical imperatives continue to provide guidance regarding the meaning of human dignity. At the very least, people are entitled to be regarded as moral subjects and not as objects: as subjects with absolute and inherent worth and therefore also as moral subjects of equal worth.
The juridical core of the pathology of apartheid was the extensive and sustained attempt to deprive the majority of South Africans of the right to self-identification and self-determination. It amounted to an inversion of the Kantian imperatives. A reversal of this inversion has been attempted over the past ten years. The Constitution not only elevates human dignity to a specially entrenched value, but also affords it special protection in the context of fundamental rights. It is furthermore a specific consideration in the limitation of rights and in the development of the common law. It applies not only to the state/subject relationship, but also to "horizontal" relationships and it must be taken into account in the interpretation of the Constitution.
Constitutional jurisprudence has established that the Constitution is more than a formal document, but that it also represents an objective, normative value system. Thus the foundational norm of human dignity radiates into all areas of the law. The role of human dignity in the interpretation and application of norms applicable to remedial or restitutionary equality, as well as in the achievement of constitutional equilibrium in the "horizontal" operation of the Bill of Rights, has also been established.
The realization of human dignity is but in its initial stages: civil society, including educational institutions, are called upon to make their contribution to the process.
Legislative and other measures taken by government to realise the right of children to shelter
Authors: Mc Murray I , Van Rensburg L Jansen 
Published: July 2017

The Constitution of the Republic of South Africa , 1996 entrenches numerous socioeconomic rights. One of these socio-economic rights is contained in section 26 that grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. This article aims to examine the legislative and other measures taken by the state to realise the right to shelter of children. Firstly, the legislative measures taken specifically for the realisation of children's right to basic shelter as envisaged by section 28(1)(c) will be discussed. Thereafter attention will be drawn to those measures taken to ensure the progressive realisation of section 26. Section 26 provides everyone, including children, the right of access to adequate housing. Therefore, every measure taken to realise section 26 is indirectly applicable to the realisation of section 28(1)(c) and children's right to basic shelter.
The conclusion may be drawn that most of the discussed legislative and other measures are aimed at realising everyone's right of access to adequate housing, this includes children. However, most of these measures make little mention of the specific right of children to basic shelter. It is regarded as inclusive in the overall application of the legislation. Once again, it must be stressed that these legislative and other measures, in order to comply with the standard of reasonableness, must regard the interest of children to be paramount. If such legislation does not provide for the interest of children as a vulnerable group, it can be argued that the relevant legislative measure is not constitutionally valid.
It is submitted that national government must recognise the importance of the role of local government, and local government should increasingly assume policy-making and implementation powers in their area. This will go a long way to building local capacity to function as effective development facilitators. As far as the resource problem is concerned, corruption in municipalities should be eradicated, while municipal capacity to manage and mobilise resources must be enhanced.
The importance of co-operative government cannot be over emphasised. Without an effective integrated plan of action, which includes cooperation between all three spheres of government, as well as the participation of civil society, especially people who are directly affected by the implementation of socio-economic rights, realising the right of children to shelter will only exist on paper.
A return to the manifest justice principle: a critical examination of the "reasonable suspicion/apprehension of bias" and "real possibility of bias" tests for judicial bias in South Africa and England
Authors: Nwauche ES 
Published: July 2017

The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no man should be a judge in his own cause together with the right of fair hearing make up the right to natural justice. This principle is recognized by a number of provisions of the Constitution of the Republic of South Africa, 1996. Section 165 (4) provides that the organs of state shall through legislative and other measures assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness. Furthermore, section 34 of the same Constitution provides that everyone has the right to have any dispute resolved by the application of law by a court or, where appropriate another independent and impartial tribunal or forum. Article 6(1) of the European Convention of Human Rights and Fundamental Freedoms 1950 as incorporated in the Human Rights Act 1988, applicable in England since 2000 provides that: "In the determination of his civil rights and obligations … everyone is entitled to a fair hearing … by an independent and impartial tribunal established by law." The independence of courts and impartiality of judges are closely related in that they operate to sustain public confidence in the administration of justice.
This article advocates a return to the use of the manifest justice principle enshrined as the proper contextfor the application of the tests of "reasonable apprehension of bias" adopted by South African courtsand "real possibility of bias" adopted by English courtsin the consideration of allegation of apparent bias. This paper argues that the tests are differentand that while the English test is a move of English courts from the real danger/likelihood
test in consonance with an overwhelming global jurisprudence the South African test is a move away from this global jurisprudence and arguably back to the real danger/likelihood test. This paper also argues that the reasonable apprehension test as applied by the minority in SACCAWU v Irvin & Johnson Ltd (Seafoods Division Fish Processing)is a more acceptable interpretation of the reasonable apprehension test than the test laid down in President of the Republic of South Africa v South Africa Rugby Football Union (2) and its interpretation by the majority in SACCAWU v Irvin & Johnson Ltd (Seafoods Division Fish Processing). More importantly there is an examination of cases where the tests have been applied which hopefully shows that there are considerable problems and inconsistency in their application and argue that the manifest justice principle provides the proper context for the tests to be properly applied.