913 resultados para Constitutional interpretation
Resumo:
This paper considers debates about the anti-liberal tendencies of the concept of “human dignity”, in particular those conceptions that are “expressivist”. My aim is to examine how far conceptions of dignity are expressivist, and if so what problems the concept of dignity understood in this way poses for liberty. I consider concerns about dignity’s potential illiberality, in particular the potential illiberality of respect-based conceptions of dignity, in the context of Professor András Sajó’s recent writing, illustrating the discussion with examples drawn from recent judicial decisions of the European Court of Human Rights regarding freedom of speech.
Resumo:
This article supports interpretations of the Anglo-Irish Agreement of 1985 as a significant factor contributing to the development of the Northern Ireland peace process. However, it also emphasises a certain serendipity in the Agreement's effect on northern nationalist, and more specifically republican, politics in the region. In particular, it stresses that a specific interpretation of the Agreement promoted by the Social Democratic and Labour Party inspired a dialogue with republicanism, encouraging an ongoing reappraisal within the latter about the nature of Britain's role in Northern Ireland. This, the article argues, reinforced the movement towards a more political approach that republicans had begun in the 1980s, and encouraged their eventual embrace of a constitutional strategy in the 1990s. However, in advancing this argument, the article notes that such an outcome was far from the minds of the British and Irish officials who negotiated the Anglo-Irish Agreement. The Agreement was intended to marginalise rather than accommodate republicans. Despite this, it provided an inadvertent incentive to draw militant republicanism into the democratic process in Northern Ireland.
Resumo:
This article supports interpretations of the Anglo-Irish Agreement of 1985 as a significant factor contributing towards the development of the Northern Ireland peace process. However, it also emphasises a certain serendipity in the Agreement’s effect on northern nationalist, and more specifically republican, politics in the region. In particular, it stresses that a specific interpretation of the Agreement promoted by the SDLP inspired a dialogue with republicanism, encouraging an ongoing re-appraisal within the latter about the nature of Britain’s role in Northern Ireland. This, the article argues, reinforced the movement towards a more political approach that republicans had begun in the 1980s, and encouraged their eventual embrace of a constitutional strategy in the 1990s. However, in advancing this argument, the article notes that such an outcome was far from the minds of the British and Irish officials who negotiated the Anglo-Irish Agreement. The Agreement was intended to marginalise rather than accommodate republicans. Despite this, it provided an inadvertent incentive to draw militant republicanism into the democratic process in Northern Ireland.
Resumo:
Published version (2014) of the WB Yeats Annual Lecture 2013 which I delivered at the University of Sao Paulo, Brazil. A translation in Portuguese was included in this publication, pp. 95-142.
Resumo:
The tensile strength obtained from existing testing methods such as ASTM D3039, based on flat coupons, usually has a large scatter for fibre reinforced polymer (FRP) composites. This means that the measured strength may not represent the actual strength of the material, leading to under or over design. This paper develops a new interpretation method which requires fewer tests, saving money and time. Moreover the results are more consistent and more closely represent the actual strength which can lead to a safer and more economical design.
Resumo:
Severe aplastic anaemia (SAA) is an uncommon disorder which may be associated with several congenital syndromes. However, it has rarely been described in association with a constitutional karyotypic abnormality. The breakpoint of the balanced t(6:10)(q13:q22) translocation described here does not disrupt any currently recognized gene of haemopoietic or stromal importance. This report also highlights the problems inherent in the use of bone marrow transplantation (BMT) for treating multiply transfused aplastic anaemia patients.
Resumo:
his chapter considers the EU’s socio-economic constitution under the lens of humaneness. It argues that the EU’s unique socio-economic constitution demands equilibrium of socio-economic integration instead of widening the gap between economic integration at EU levels and social integration at national levels. While the EU lacks the legislative competences to achieve this equilibrium, the constitutional principle still prevails. Indeed, the EU competences reflect its own values as well as the socio-economic constitutions of its constituent Member States. These frequently do not allow for total state-governance of social spheres such as working life, education, care or other social services. Instead, societal actors are given scope to (co-)govern these spheres at national levels. Accordingly, the apparent tension between the EU’s socio-economic values and principles and its limited competences in the social policy field can be resolved through a dynamic interpretation of the EU Treaties towards a “constitution of social governance”. This interpretation reads the Treaties as authorising governance by societal actors. The chapter connects the idea of humanness to the ideals of social governance at EU level and proposes two options for practical application of the concept. These are rules for trans-national labour markets based on European collective labour agreements and a European higher education sector developed by agreements between universities.
Resumo:
The popularity of tri-axial accelerometer data loggers to quantify animal activity through the analysis of signature traces is increasing. However, there is no consensus on how to process the large data sets that these devices generate when recording at the necessary high sample rates. In addition, there have been few attempts to validate accelerometer traces with specific behaviours in non-domesticated terrestrial mammals.
Resumo:
Over the last decade an Auburn-Rollins-Strathclyde consortium has developed several suites of parallel R-matrix codes [1, 2, 3] that can meet the fundamental data needs required for the interpretation of astrophysical observation and/or plasma experiments. Traditionally our collisional work on light fusion-related atoms has been focused towards spectroscopy and impurity transport for magnetically confined fusion devices. Our approach has been to provide a comprehensive data set for the excitation/ionization for every ion stage of a particular element. As we progress towards a burning fusion plasma, there is a demand for the collisional processes involving tungsten, which has required a revitalization of the relativistic R-matrix approach. The implementation of these codes on massively parallel supercomputers has facilitated the progression to models involving thousands of levels in the close-coupling expansion required by the open d and f sub-shell systems of mid Z tungsten. This work also complements the electron-impact excitation of Fe-Peak elements required by astrophysics, in particular the near neutral species, which offer similar atomic structure challenges. Although electron-impact excitation work is our primary focus in terms of fusion application, the single photon photoionisation codes are also being developed in tandem, and benefit greatly from this ongoing work.
Resumo:
Bach’s Suites for unaccompanied cello are a masterpiece of the Classical Western canon for their singularity and their creator’s mastery. A myriad of transcriptions were made throughout the centuries with bigger or lesser freedom. This thesis aims at revealing insights from the art of linear polyphony and its performance on a monophonic instrument such as the baritone saxophone. The study of the musical structure is supported by examples from the visual domain that help us to understand the notion of linear polyphony as a third-dimension object. The particularity of this study, in relation to the multiple existing literature about Bach’s music, is its focus on a wind player’s point of view, a saxophonist, which, given the restriction of the polyphonic possibilities of the instrument, reveals some discerning solutions on the performance, analysis and elaboration of the polyphonic thinking in Bach’s Suites. Similar to the relative novelty of the cello at Bach’s time, my work aims at giving as close as possible the same perspective of the music through a new vision and instrument. I analysed the art of linear polyphony and the techniques of elaboration of the melody in the Cello Suites, notably as a means to support the interpretation (e.g. articulation, phrasing, dynamics, vibrato, fingerings, etc.) and to devise a transcription of the Suites for the baritone saxophone. My choice felled on a transcription for baritone saxophone based on the manuscript from Anna Magdalena Bach, wishing to provide detailed guidelines for saxophonists who want to create a more informed interpretation. I hope to offer a better understanding of these works and to provide a reference to build and develop an individual interpretation, especially on the baritone saxophone.
Resumo:
In this paper we analyze how a primary school teacher (João) leads the discussion of a task in a grade 3 class aimed at reading and interpreting pictograms. The paper is part of a larger study that follows an interpretative and qualitative research methodology with a case study design. The results indicate that, in his teaching practice, the teacher strives to ask questions so that his pupils are not limited to the identification of categories of high and low frequency characteristic, that is, "reading the data", but also raises questions related to "reading between the data" and "beyond the data."