The principle of legality as clear statement rule: significance and problems

In Australia, the common law principle of legality has hardened into a strong clear statement rule that is applied when legislation engages common law rights and freedoms. It has transformed a loose collection of rebuttable interpretive presumptions into a quasi-constitutional common law bill of rights. However, these developments are not without controversy or issue. The analysis undertaken in this article suggests that the principle of legality as clear statement rule -- as mandated by the High Court in Coco v The Queen -- can only work legitimately if Parliament has clear and prior notice of the rights and freedoms that it operates to protect. But it is problematic if what a common law right, such as freedom of speech, requires or guarantees in any given legislative context is unclear and contested, and so must be judicially divined at the point of application. In these cases, the principle operates to enforce a (post-legislative) judicial approximation of what best protects and promotes an abstract legal value or principle. It amounts to the illegitimate judicial remaking of prior legislative decisions on rights. This undercuts the normative justifications for the principle of legality as it obscures from Parliament the common law (rights) backdrop against which its legislation is enacted and interpreted.

Conservation gone to the dogs : when canids rule the beach in small coastal reserves

On most developed coastlines, dunes backing ocean beaches constitute an urbanised landscape mosaic containing remnant pockets of small conservation areas. Urbanised beaches are also prime sites for domestic dogs, known to be environmentally harmful in many other settings. It is unknown, however, whether small, protected parcels of dune are adequate for biological conservation and whether dogs compromise their functional conservation objectives. Here we examine, for two small (2 km ocean boundary) reserves in Eastern Australia abutting an urban area, whether such small reserves can continue to function as effective conservation instruments on ocean beaches, using scavenger community composition and efficiency to assess ecosystem function. Two non-native species of canids—domestic dogs (Canis lupus familiaris) and red foxes (Vulpes vulpes)—were ubiquitous and numerous inside conservation areas, to the point of having become the most abundant vertebrate scavengers at the beach-dune interface, outcompeting native scavengers for wave-cast carrion. Dogs and foxes have effectively supplanted raptors, normally abundant on non-urban beaches in the region, and other avian scavengers, as the principal consumers of animal carcasses both inside the declared reserves and at the urban beach. Whilst the ecological threats posed by foxes are widely and intensively addressed in Australia in the form of fox-control programs, dog controls are less common and stringent. Our data emphasize, however, that managing domestic dogs may be required to the same extent in order to maintain key forms and functions in coastal reserves situated close to urban areas.

Patient admission prediction using a pruned fuzzy min–max neural network with rule extraction

A useful patient admission prediction model that helps the emergency department of a hospital admit patients efficiently is of great importance. It not only improves the care quality provided by the emergency department but also reduces waiting time of patients. This paper proposes an automatic prediction method for patient admission based on a fuzzy min–max neural network (FMM) with rules extraction. The FMM neural network forms a set of hyperboxes by learning through data samples, and the learned knowledge is used for prediction. In addition to providing predictions, decision rules are extracted from the FMM hyperboxes to provide an explanation for each prediction. In order to simplify the structure of FMM and the decision rules, an optimization method that simultaneously maximizes prediction accuracy and minimizes the number of FMM hyperboxes is proposed. Specifically, a genetic algorithm is formulated to find the optimal configuration of the decision rules. The experimental results using a large data set consisting of 450740 real patient records reveal that the proposed method achieves comparable or even better prediction accuracy than state-of-the-art classifiers with the additional ability to extract a set of explanatory rules to justify its predictions.

Validation and development of a clinical prediction rule in clinically suspected community-acquired pneumonia

To develop a mathematical model to predict the probability of having community-acquired pneumonia and to evaluate an already developed prediction rule that has not been validated in a clinical scenario.

Anisotropic hardening model based on non-associated flow rule and combined nonlinear kinematic hardening for sheet materials

 A material model for more effective analysis of plastic deformation of sheet materials is presented in this paper. The model is capable of considering the following aspects of plastic deformation behavior of sheet materials: the anisotropy in yielding stresses in different directions by using a quadratic yield function (based on Hill’s 1948 model and stress ratios), the anisotropy in work hardening by introducing non-constant flow stress hardening in different directions, the anisotropy in plastic strains in different directions by using a quadratic plastic potential function and non-associated flow rule (based on Hill’s 1948 model and plastic strain ratios, r-values), and finally some of the cyclic hardening phenomena such as Bauschinger’s effect and transient behavior for reverse loading by using a coupled nonlinear kinematic hardening (so-called Armstrong-Frederick-Chaboche model). Basic fundamentals of the plasticity of the model are presented in a general framework. Then, the model adjustment procedure is derived for the plasticity formulations. Also, a generic numerical stress integration procedure is developed based on backward-Euler method (so-called multistage return mapping algorithm). Different aspects of the model are verified for DP600 steel sheet. Results show that the new model is able to predict the sheet material behavior in both anisotropic hardening and cyclic hardening regimes more accurately. By featuring the above-mentioned facts in the presented constitutive model, it is expected that more accurate results can be obtained by implementing this model in computational simulations of sheet material forming processes. For instance, more precise results of springback prediction of the parts formed from highly anisotropic hardened materials or that of determining the forming limit diagrams is highly expected by using the developed material model.

Retrials of persons acquitted of indictable offences in England and Australia: exceptions to the rule against double jeopardy

Jury directions in relation to the issue of consent in trials of sexual offence cases are mandated in two jurisdictions in Australia (Victoria and the Northern Territory). The Australian Law Reform Commission, in conjunction with the New South Wales Law Reform Commission, has recommended that provisions similar to those in Victoria should be contained in relevant legislation in all States and Territories. However, a recent series of cases in Victoria has revealed significant problems in relation to the mandatory jury directions. These difficulties have generated increasingly elaborate and complex directions. The complexity of these directions not only presents considerable challenges for judges but also may overwhelm, rather than assist, members of the jury. The Court of Appeal of Victoria has called for "urgent and wholesale reform". In the light of these concerns, it is suggested that the Victorian mandatory directions do not provide a model for other jurisdictions. Rather, the Victorian experience can be seen as a cautionary tale of the problems and pitfalls of such directions. Recently, the Victorian government has passed the Jury Directions Act 2013. This Act sets out "guiding principles" that should determine the content, and use, of jury directions. These guiding principles should form the basis for any jury directions with respect to sexual offences.

A new fuzzy ratio and its application to the single input rule modules connected fuzzy inference system

The principle of ratios has been applied to many real world problems, e.g. the part-to-part and part-to-whole ratio formulations. As it is difficult for humans to provide an exact ratio in many real situations, we introduce a fuzzy ratio in this paper. We use some notions from fuzzy arithmetic to analyze fuzzy ratios captured from humans. An application of the formulated fuzzy ratio to a Single Input Rule Modules connected Fuzzy Inference System (SIRMs-FIS) is demonstrated. Instead of using a precise weight, fuzzy sets are employed to represent the relative importance of each rule module. The resulting fuzzy weights are explained as a fuzzy ratio on a weight domain. In addition, a new SIRMs-FIS model with fuzzy weights and part-to-whole fuzzy ratio is devised. A simulated example is presented to clarify the proposed SIRM-FIS model.

A new monotonicity index for fuzzy rule-based systems

A search in the literature reveals that mathematical conditions (usually sufficient conditions) for the Fuzzy Inference System (FIS) models to satisfy the monotonicity property have been developed. A monotonically-ordered fuzzy rule base is important to maintain the monotonicity property of an FIS. However, it may difficult to obtain a monotonically-ordered fuzzy rule base in practice. We have previously introduced the idea of fuzzy rule relabeling to tackle this problem. In this paper, we further propose a monotonicity index for the FIS system, which serves as a metric to indicate the degree of a fuzzy rule base fulfilling the monotonicity property. The index is useful to provide an indication whether a fuzzy rule base should (or should not) be used in practice, even with fuzzy rule relabeling. To illustrate the idea, the zero-order Sugeno FIS model is exemplified. We add noise as errors into the fuzzy rule base to formulate a set of non-monotone fuzzy rules. As such, the metric also acts as a measure of noise in the fuzzy rule base. The results show that the proposed metric is useful to indicate the degree of a fuzzy rule base fulfilling the monotonicity property.

Building fuzzy inference systems with similarity reasoning : NSGAII-based fuzzy rule selection and evidential functions

In our previous investigations, two Similarity Reasoning (SR)-based frameworks for tackling real-world problems have been proposed. In both frameworks, SR is used to deduce unknown fuzzy rules based on similarity of the given and unknown fuzzy rules for building a Fuzzy Inference System (FIS). In this paper, we further extend our previous findings by developing (1) a multi-objective evolutionary model for fuzzy rule selection; and (2) an evidential function to facilitate the use of both frameworks. The Non-Dominated Sorting Genetic Algorithms-p (NSGA-p) is adopted for fuzzy rule selection, in accordance with the Pareto optimal criterion. Besides that, two new evidential functions are developed, whereby given fuzzy rules are considered as evidence. Simulated and benchmark examples are included to demonstrate the applicability of these suggestions. Positive results were obtained.

The exception to the rule : Retreating ice front makes Bewick's swans Cygnus columbianus bewickii migrate slower in spring than in autumn

In the vast majority of migratory bird species studied so far, spring migration has been found to proceed faster than autumn migration. In spring, selection pressures for rapid migration are purportedly higher, and migratory conditions such as food supply, daylength, and/or wind support may be better than in autumn. In swans, however, spring migration appears to be slower than autumn migration. Based on a comparison of tundra swan Cygnus columbianus tracking data with long-term temperature data from wheather stations, it has previously been suggested that this was due to a capital breeding strategy (gathering resources for breeding during spring migration) and/or to ice cover constraining spring but not autumn migration. Here we directly test the hypothesis that Bewick's swans Cygnus columbianus bewickii follow the ice front in spring, but not in autumn, by comparing three years of GPS tracking data from individual swans with concurrent ice cover data at five important migratory stop-over sites. In general, ice constrained the swans in the middle part of spring migration, but not in the first (no ice cover was present in the first part) nor in the last part. In autumn, the swans migrated far ahead of ice formation, possibly in order to prevent being trapped by an early onset of winter. We conclude that spring migration in swans is slower than autumn migration because spring migration speed is constrained by ice cover. This restriction to spring migration speed may be more common in northerly migrating birds that rely on freshwater resources. © 2013 The Authors.

The emergency powers in Bangladesh: means for subversion of the rule of law?

The Constitution of Bangladesh empowers the President to proclaim an emergency on the actual or imminent ground of war or external aggression or internal disturbance. However, the insertion of ‘internal disturbance’ in the Constitution as a ground for invoking emergency has provided the executive with the opportunity to proclaim all the five emergencies in Bangladesh on this vague ground for purposes other than that of securing the life of the nation. Furthermore, in the absence of any effective constitutional mechanisms for scrutinising the exercise of emergency powers and a time limit on the continuation of a state of emergency, some of the proclamations of emergency continued even after the alleged threat posed to the life of the nation was over to perpetuate the survival of the party in power by repressing any political threat to the regime. This Article, therefore, recommends for insertion in the Constitution of Bangladesh detailed norms providing for legal limits on the wide power of the executive concerning the proclamation, administration and termination of emergency with a view to ensure that emergencies can no longer be resorted to as the effective means of discarding the rule of law.

Joint optimization of rule placement and traffic engineering for QoS provisioning in software defined network

Software-Defined Network (SDN) is a promising network paradigm that separates the control plane and data plane in the network. It has shown great advantages in simplifying network management such that new functions can be easily supported without physical access to the network switches. However, Ternary Content Addressable Memory (TCAM), as a critical hardware storing rules for high-speed packet processing in SDN-enabled devices, can be supplied to each device with very limited quantity because it is expensive and energy-consuming. To efficiently use TCAM resources, we propose a rule multiplexing scheme, in which the same set of rules deployed on each node apply to the whole flow of a session going through but towards different paths. Based on this scheme, we study the rule placement problem with the objective of minimizing rule space occupation for multiple unicast sessions under QoS constraints. We formulate the optimization problem jointly considering routing engineering and rule placement under both existing and our rule multiplexing schemes. Via an extensive review of the state-of-the-art work, to the best of our knowledge, we are the first to study the non-routing-rule placement problem. Finally, extensive simulations are conducted to show that our proposals significantly outperform existing solutions.

Personality differences and hotel web design study using targeted positive and negative association rule mining

As people have unique tastes, the way to satisfy a small group of targeted customers or to be generic to meet most people's preference has been a traditional question to many fashion designers and website developers. This study examined the relationship between individuals' personality differences and their web design preferences. Each individual's personality is represented by a combination of five traits, and 15 website design-related features are considered to test the users' preference. We introduced a data mining technique called targeted positive and negative association rule mining to analyze a dataset containing the survey results collected from undergraduate students. The results of this study not only suggest the importance of providing specific designs to attract individual customers, but also provide valuable input on the Big Five personality traits in their entirety.