In Search for the European solidarity: The rule of law within the European Union in the framework of constitutional pluralism

The dissertation examines the rule of law within the European Union in the theoretical framework of constitutional pluralism. The leading lines of constitutional pluralism are examined with relation to the traditional and prevailing, monistic and hierarchical conceptions on how to perceive legal orders in Europe. The theoretical part offers also historical perspective by highlighting some of the turning points for the Union constitutional legal order in the framework of European integration. The concept of rule of law is examined in legal terms and its meaning to the Union constitutional constellation as a constitutional principle and a common value is observed. The realization of the rule of law at supranational and national level is explored with a view to discover that recent developments in some of the Member States give rise to concern about the viability of the rule of law within the European Union. It is recognized that the inobservance of the rule of law at national level causes a threat to the supranational constitutional legal order. The relationship between the supranational and national legal orders is significant in this respect and therefore particularly the interaction between the Court of Justice of the European Union (hereinafter the ECJ) and the Member States’ (constitutional/supreme) courts takes focus. It is observed that functioning dialogue between the supranational and national courts based on mutual respect and judicial deference is an important prerequisite for the realization of the rule of law within Europe. In order to afford a concrete example, a recent case C-62/14 Gauweiler v Deutscher Bundestag is introduced and analysed in relation to the notorious relationship between the Federal Constitutional Court of Germany and the ECJ. The implications of the ECJ’s decision in Gauweiler v Deutscher Bundestag is assessed with reference to some of the pressing issues of constitutionalism within Europe and some institutional aspects are also brought forward. Lastly, the feasibility of constitutional pluralism as a theoretical setting is measured against the legal reality of today’s Europe and its many constitutions. The hierarchical idea of one ultimate source of power, stemming from the traditional approaches to legal systems, is then assessed with relation to the requirement of the realization of the rule of law within the European Union from the supranational and national point of view.

The rule of the turk a revised and enlarged edition of the Armenian crisis

UANL

Impoverishment of The Law by The Law: A Critique of The Attorney General's Vision of The Rule of Law and The Federal Principle

This brief article is devoted to a critique of the arguments put forward by the Attorney General of Canada in connection with the Reference concerning certain questions relating to the secession of Quebec (hereinafter, "the Reference"). This critique will not be presented from a plainly positivist standpoint. On the contrary, I will be examining in particular (1) how the approach taken by the Attorney General impoverished the legal concepts of the rule of law anf federalism, both of which were, however, central to her submission; and, in a more general way, (2) how the excessively detailed analysis of constitutional texts contributes to the impoverishment of the symbolic function of the law, however essential that dimension may be to its legitimacy. My criticism will take into account the reasons for judgement delivered recently by the Supreme Court in the Reference.

Compositional hypotheses of subcompositional stability and specific perturbation change and their testing

In standard multivariate statistical analysis common hypotheses of interest concern changes in mean vectors and subvectors. In compositional data analysis it is now well established that compositional change is most readily described in terms of the simplicial operation of perturbation and that subcompositions replace the marginal concept of subvectors. To motivate the statistical developments of this paper we present two challenging compositional problems from food production processes. Against this background the relevance of perturbations and subcompositions can be clearly seen. Moreover we can identify a number of hypotheses of interest involving the specification of particular perturbations or differences between perturbations and also hypotheses of subcompositional stability. We identify the two problems as being the counterpart of the analysis of paired comparison or split plot experiments and of separate sample comparative experiments in the jargon of standard multivariate analysis. We then develop appropriate estimation and testing procedures for a complete lattice of relevant compositional hypotheses

Compositional analysis of archaeological glasses

At CoDaWork'03 we presented work on the analysis of archaeological glass composi- tional data. Such data typically consist of geochemical compositions involving 10-12 variables and approximates completely compositional data if the main component, sil- ica, is included. We suggested that what has been termed `crude' principal component analysis (PCA) of standardized data often identi ed interpretable pattern in the data more readily than analyses based on log-ratio transformed data (LRA). The funda- mental problem is that, in LRA, minor oxides with high relative variation, that may not be structure carrying, can dominate an analysis and obscure pattern associated with variables present at higher absolute levels. We investigate this further using sub- compositional data relating to archaeological glasses found on Israeli sites. A simple model for glass-making is that it is based on a `recipe' consisting of two `ingredients', sand and a source of soda. Our analysis focuses on the sub-composition of components associated with the sand source. A `crude' PCA of standardized data shows two clear compositional groups that can be interpreted in terms of di erent recipes being used at di erent periods, re ected in absolute di erences in the composition. LRA analysis can be undertaken either by normalizing the data or de ning a `residual'. In either case, after some `tuning', these groups are recovered. The results from the normalized LRA are di erently interpreted as showing that the source of sand used to make the glass di ered. These results are complementary. One relates to the recipe used. The other relates to the composition (and presumed sources) of one of the ingredients. It seems to be axiomatic in some expositions of LRA that statistical analysis of compositional data should focus on relative variation via the use of ratios. Our analysis suggests that absolute di erences can also be informative

Compositional analysis of bivariate discrete probabilities

A joint distribution of two discrete random variables with finite support can be displayed as a two way table of probabilities adding to one. Assume that this table has n rows and m columns and all probabilities are non-null. This kind of table can be seen as an element in the simplex of n · m parts. In this context, the marginals are identified as compositional amalgams, conditionals (rows or columns) as subcompositions. Also, simplicial perturbation appears as Bayes theorem. However, the Euclidean elements of the Aitchison geometry of the simplex can also be translated into the table of probabilities: subspaces, orthogonal projections, distances. Two important questions are addressed: a) given a table of probabilities, which is the nearest independent table to the initial one? b) which is the largest orthogonal projection of a row onto a column? or, equivalently, which is the information in a row explained by a column, thus explaining the interaction? To answer these questions three orthogonal decompositions are presented: (1) by columns and a row-wise geometric marginal, (2) by rows and a columnwise geometric marginal, (3) by independent two-way tables and fully dependent tables representing row-column interaction. An important result is that the nearest independent table is the product of the two (row and column)-wise geometric marginal tables. A corollary is that, in an independent table, the geometric marginals conform with the traditional (arithmetic) marginals. These decompositions can be compared with standard log-linear models. Key words: balance, compositional data, simplex, Aitchison geometry, composition, orthonormal basis, arithmetic and geometric marginals, amalgam, dependence measure, contingency table

Multi-isotopic and compositional exploration of factors controlling nitrate pollution

In Catalonia, according to the nitrate directive (91/676/EU), nine areas have been declared as vulnerable to nitrate pollution from agricultural sources (Decret 283/1998 and Decret 479/2004). Five of these areas have been studied coupling hydro chemical data with a multi-isotopic approach (Vitòria et al. 2005, Otero et al. 2007, Puig et al. 2007), in an ongoing research project looking for an integrated application of classical hydrochemistry data, with a comprehensive isotopic characterisation (δ15N and δ18O of dissolved nitrate, δ34S and δ18O of dissolved sulphate, δ13C of dissolved inorganic carbon, and δD and δ18O of water). Within this general frame, the contribution presented explores compositional ways of: (i) distinguish agrochemicals and manure N pollution, (ii) quantify natural attenuation of nitrate (denitrification), and identify possible controlling factors. To achieve this two-fold goal, the following techniques have been used. Separate biplots of each suite of data show that each studied region has a distinct δ34S and pH signatures, but they are homogeneous with regard to NO3- related variables. Also, the geochemical variables were projected onto the compositional directions associated with the possible denitrification reactions in each region. The resulting balances can be plot together with some isotopes, to assess their likelihood of occurrence

Analytical and compositional aspects of isoflavones in food and their biological effects

This paper provides an overview of analytical techniques used to determine isoflavones (IFs) in foods and biological fluids with main emphasis on sample preparation methods. Factors influencing the content of IFs in food including processing and natural variability are summarized and an insight into IF databases is given. Comparisons of dietary intake of IFs in Asian and Western populations, in special subgroups like vegetarians, vegans, and infants are made and our knowledge on their absorption, distribution, metabolism, and excretion by the human body is presented. The influences of the gut microflora, age, gender, background diet, food matrix, and the chemical nature of the IFs on the metabolism of IFs are described. Potential mechanisms by which IFs may exert their actions are reviewed, and genetic polymorphism as determinants of biological response to soy IFs is discussed. The effects of IFs on a range of health outcomes including atherosclerosis, breast, intestinal, and prostate cancers, menopausal symptoms, bone health, and cognition are reviewed on the basis of the available in vitro, in vivo animal and human data.