The concept of modern constitutionalism is intimately related to notions of state sovereignty. The actual influence of the constitution as a hierarchical tool of nation-state design remains a matter of dubious empirical validity. Today, among the conditions of intergovernmentalism and globalization, state centered constitutionalism is confronting governance by networks: both private domestic networks and networks of national governmental institutions are becoming decision-makers, which cannot be controlled within the concepts of state based constitutionalism. Notwithstanding these developments the above difficulties of constitutional social steering and determination of the public sphere have not resulted in the dethroning of the paradigm of state centered constitutional law in the constitutional law community. Such disregard runs the risk to turn constitutionalism into irrelevant speculation in an age of globalization. In the globalized world the most important decisions and events affecting society escape the control of the sovereign state operating on the principle of territoriality. In this paper I consider two structures of polycentric exercise of public power that are decisive for a new paradigm of constitutionalism. The first type of transnational network structure is primarily a network of private ordering with the participation of administrative bodies of the desaggregating state and private entities associated with the administrative entities (transboundary private networks). A second kind of transnational networks (transgovernmental networks) originates from supranational organizations that operate beyond the nation state. Transgovernmental networks take away traditional governmental functions and overwrite/replace the decisions of the state organs. The taking of state functions includes regulation, adjudication, enforcement, material and other services. The actions of the networks are beyond the control of the constitutionally designated authorities and follow principles, which are unrelated to the otherwise pertinent constitutional principles. The article considers the impact of international networks on the desaggregation of the constitutional state and the possibility of a new legitimation for transnational network-based governance.
The present essay discusses the recently adopted Act on Anti-Discrimination and the current and future system of disability rights protection mechanisms in the Federal Republic of Germany. Partly as a response to the atrocities of World War II, partly as a return to pre-war period, both East- and West-Germany adopted extensive disability-related protection mechanisms. The laws currently in force are following this tradition making the system of German disability rights one of the most progressive in Europe. Several pieces of legislation ensure rehabilitation and participation of disabled persons, moreover Germany's constitution has been amended, so that disability is included among the prohibited grounds of the clause on non-discrimination. Most recently, Germany should have implemented the European Union's Framework Directive the scope of which extends to the prohibition of discrimination on grounds of disability in employment matters. Germany, traditionally so cautious about human rights issues, transposed the Directive with a two-year-delay. The paper scrutinizes the implementing national law and explores the reasons for its numerous failures and the way towards adoption. Various legal and constitutional issues, among others on third party effect, freedom and equality had been brought up in the debate around transposition that had not been addressed at the time the German disability-related laws had been adopted. The study of these controversies around implementation of the EU Directive is a unique opportunity to shed some light on the underlying constitutional issues of anti-discrimination laws-not only in Germany, but in all Member States of the Union which implemented the Directive without any public, political or legal debates.
This article deals with insights into the analysis of shortcommings of ensuring separate human rights legal regulation in Lithuania while implementing the rule of law. The shortcomings of the Lithuania legislature are highlighted in particular the failure to ensure or inappropriate or insufficient guaranteeing of separate rights.This article has chosen to present herea selection of rights from a wider range of rights to be analysed. This choice reflects not a few but a set of the most striking examples of the shortcomings of the legislature of Lithuania. These examples could be named ‘the most striking’ because the constitutional requirements of the legislature is to ensure that human rights are explained accurately in the wide constitutional jurisprudence, despite this fact they are not sufficiently obeyed. In this article the problem of ensuring two quite different kinds of rights are identified and analysed.These include two civil rights (i.e. the right to freedom from torture and cruel, inhuman or degradating treatment or punishment in the context of conditions of imprisonment, the right to freedom of expression and information) and one economic right — the right to freedom of individual economic activity and initiative. They distinctly approve at least a few shortcomings of legal regulation: non-complexity/non-systematicity, inconsistency, intricacy, uncertainty, and often — instability, unconstitutionality, and in some cases nonconformity with international standards of human rights protection, as well as the inaccessibility of legal regulation. In this article the recommendations of how to improve those shortcommings are considered. In light of the inability to actually fully ensured constitutional guarantees of separate human rights it could be argued that the principle of rule of law which is enshrined in the preamble of the Constitution of the Republic of Lithuania which is an aspiration, remains a major challenge for the Lithuanian society.
Az életmód változásával és a gyorséttermi láncok elterjedésével egyre nagyobb
problémát jelent az elhízás az egész világon. Indiában a férfiak 31%-a, a nők
29%-a túlsúlyos, és az elhízás az utóbbi 11 évben növekvő tendenciát mutat. Az
elhízás növeli számos betegség kialakulásának esélyét, mint például a szív- és
érrendszeri betegségek, refluxbetegség, gastrointestinalis tumorok és alvási
apnoe. Műtétek során a szövődményekkel még nem járó elhízás is súlyos
komplikációkat okozhat. Az Ájurvédában a betegségek kialakulásáért a 3 dosha –
vata, pitta, kapha – egyensúlyának felborulása a felelős. A 3 dosha aránya
egyénenként változik, és meghatározza az egyéni testalkatot. Egy indiai
kutatócsoport kimutatta, hogy az ájurvédikus testtípus-besorolás kapcsolatba
hozható a gyulladásos és oxidatívstressz-faktorok génjeivel, a DNS-metilációval
és a cardiovascularis betegségek kialakulásának esélyeivel. Orv. Hetil., 2016,
Authors:B. Teitelbaum, T. Yagfarova, K. Aleyev, M. Khasanov and F. Gafurov
TMA has been used to investigate the thermomechanical behaviour of six series of elastomers in connection with their chemical
constitution and physical structure. The elastomers, were synthesized from an NCO-terminal pre-polymer, based on oligo (ethylene
adipate), 1,4-butanediol and 2,4-toluylene diisocyanate, by curing with systems of two agents: a bifunctional one (1,4-butanediol,
bistethylene glycol)terephthalate, or monoethanolamine), and a trifunctional one (1,1,1-trimethylolpropane or diethanolamine).
The TMA results are presented as due to the superposition of the chemical cross-linking and the physical network, formed through
microphase segregation. The TMA suggests that diethanolamine unexpectedly acts as a chain extender, rather than a cross-linking