The paper deals with recent deviations from the shared values of con- stitutionalism towards a kind of ＇populist, illiberal constitutionalism＇ introduced by Hungary＇s new constitution in 2011. The populism of FIDES...The paper deals with recent deviations from the shared values of con- stitutionalism towards a kind of ＇populist, illiberal constitutionalism＇ introduced by Hungary＇s new constitution in 2011. The populism of FIDESZ was directed against all elites, including the ones that designed the 1989 constitutional system （in which FIDESZ also participated）, claiming that it was time for a new revolution. This is why PM Viktor Orban characterized the results of the 2010 elections as a ＇revo- lution of the ballot boxes＇. His intention with this revolution was to eliminate all checks and balances, and even the parliamentary rotation of governing parties. His vision for a new constitutional order----one in which his political party occupies the centre stage of Hungarian political life and puts an end to debates over values has now been entrenched in the new constitution. The paper argues that this current Hungarian constitutional system was made possible by FIDESZ＇ anti-pluralist nationalist populism, but is not necessarily based on a true commitment to expressing the will of the people via ＇illiberal constitutionalism＇. The populist government rather misuses the country＇s lack of constitutional culture. Adherence to constitutional patriotism would mean that FIDESZ would have to endorse what John Rawls once called ＇constitutional essentials＇. The core of this kind of con- stitutional patriotism is a constitutional culture centred on universalist liberal democratic norms and values. Instead, the current Hungarian constitutional system is confronted with unconstitutional patriotism, a kind of nationalism that violates constitutional essentials in the name of ＇national constitutional identity＇.展开更多
Constitutionalism has more than a century of history in the Muslim world.More recently,Iran and Iraq,two countries with populations comprised of Shi’a majorities with a strong presence in the layout of political powe...Constitutionalism has more than a century of history in the Muslim world.More recently,Iran and Iraq,two countries with populations comprised of Shi’a majorities with a strong presence in the layout of political power,appear to have embarked on divergent routes with regard to the formal blueprints of public authority.Yet as this research demonstrates,due to an absence of robust institutional arrangements and lack of efficient mechanisms of revision and entrenchment,comparable outcomes can be observed in the form of political systems that have consistently failed to uphold various elements of popular sovereignty,which the constitutions themselves claim to be endorsing.This study aims at providing a closer examination of important elements of popular constitutional sovereignty by examining key normative,institutional and procedural settings in both contexts to evaluate critically the constitutional arrangements in two prominent republican settings in the Muslim world.The author will argue that in both cases certain highlighted fundamental shortfalls could lead one to regard both texts as“sham constitutions”.This study draws upon theoretical principles of comparative constitutional analysis.展开更多
Objective:To reveal the distribution characteristics and demographic factors of traditional Chinese medicine(TCM)constitution among elderly individuals in China.Methods: Elderly individuals from seven regions in China...Objective:To reveal the distribution characteristics and demographic factors of traditional Chinese medicine(TCM)constitution among elderly individuals in China.Methods: Elderly individuals from seven regions in China were selected as samples in this study using a multistage cluster random sampling method.The basic information questionnaire and Constitution in Chinese Medicine Questionnaire(Elderly Edition)were used.Descriptive statistical analysis,chi-squared tests,and binary logistic regression analysis were used.Results: The single balanced constitution(BC)accounted for 23.9%.The results of the major TCM constitution types showed that BC(43.2%)accounted for the largest proportion and unbalanced constitutions ranged from 0.9%to 15.7%.East China region(odds ratio[OR]=2.097;95%confidence interval[CI],1.912 to 2.301),married status(OR=1.341;95%CI,1.235 to 1.457),and managers(OR=1.254;95%CI,1.044 to 1.505)were significantly associated with BC.Age>70 years was associated with qi-deficiency constitution and blood stasis constitution(BSC).Female sex was significantly associated with yang-deficiency constitution(OR=1.646;95%CI,1.52 to 1.782).Southwest region was significantly associated with phlegm-dampness constitution(OR=1.809;95%CI,1.569 to 2.086).North China region was significantly associated with inherited special constitution(OR=2.521;95%CI,1.569 to 4.05).South China region(OR=2.741;95%CI,1.997 to 1.3.763),Central China region(OR=8.889;95%CI,6.676 to 11.835),senior middle school education(OR=2.442;95%CI,1.932 to 3.088),and managers(OR=1.804;95%CI,1.21 to 2.69)were significantly associated with BSC.Conclusions: This study defined the distribution characteristics and demographic factors of TCM constitution in the elderly population.Adjusting and improving unbalanced constitutions,which are correlated with diseases,can help promote healthy aging through the scientific management of these demographic factors.展开更多
Ever since the introduction of Western biomedicine into China, there has been friction between proponents of this new approach, and proponents of the traditional medical practices that had evolved over thousands of ye...Ever since the introduction of Western biomedicine into China, there has been friction between proponents of this new approach, and proponents of the traditional medical practices that had evolved over thousands of years in China. For the most part, this friction has been couched in the unexamined assumption that Western medicine is based on science, while Chinese medicine is not. This article will examine that assumption, which in this author’s opinion is unjustified and incorrect. Having practiced acupuncture for the past 50 years, after receiving my doctoral degrees in medicine and physiology, my thinking on this topic has also evolved over time. I will begin this article with some historical information that bears on the topic under discussion, followed by my personal ideas about how to resolve the confiicts that have arisen.展开更多
Objective To construct a precise model for identifying traditional Chinese medicine(TCM)constitutions;thereby offering optimized guidance for clinical diagnosis and treatment plan-ning;and ultimately enhancing medical...Objective To construct a precise model for identifying traditional Chinese medicine(TCM)constitutions;thereby offering optimized guidance for clinical diagnosis and treatment plan-ning;and ultimately enhancing medical efficiency and treatment outcomes.Methods First;TCM full-body inspection data acquisition equipment was employed to col-lect full-body standing images of healthy people;from which the constitutions were labelled and defined in accordance with the Constitution in Chinese Medicine Questionnaire(CCMQ);and a dataset encompassing labelled constitutions was constructed.Second;heat-suppres-sion valve(HSV)color space and improved local binary patterns(LBP)algorithm were lever-aged for the extraction of features such as facial complexion and body shape.In addition;a dual-branch deep network was employed to collect deep features from the full-body standing images.Last;the random forest(RF)algorithm was utilized to learn the extracted multifea-tures;which were subsequently employed to establish a TCM constitution identification mod-el.Accuracy;precision;and F1 score were the three measures selected to assess the perfor-mance of the model.Results It was found that the accuracy;precision;and F1 score of the proposed model based on multifeatures for identifying TCM constitutions were 0.842;0.868;and 0.790;respectively.In comparison with the identification models that encompass a single feature;either a single facial complexion feature;a body shape feature;or deep features;the accuracy of the model that incorporating all the aforementioned features was elevated by 0.105;0.105;and 0.079;the precision increased by 0.164;0.164;and 0.211;and the F1 score rose by 0.071;0.071;and 0.084;respectively.Conclusion The research findings affirmed the viability of the proposed model;which incor-porated multifeatures;including the facial complexion feature;the body shape feature;and the deep feature.In addition;by employing the proposed model;the objectification and intel-ligence of identifying constitutions in TCM practices could be optimized.展开更多
The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the ...The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.展开更多
On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“th...On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“the state respects and protects human rights”as the third clause in Article 33 of Chapter II“Basic Rights and Obligations of Citizens”in the Constitution.The inclusion of the clause of human rights in the Constitution is considered an important milestone in the history of human rights development in the People’s Republic of China.The implementation of the human rights clause not only showcases the values of the Party and the state in respecting and protecting human rights,but also promotes the development of human rights,shapes the culture of human rights,and endows the rule of law with a rich humanistic spirit.Over the past 20 years,the publicity,research and practice of the human rights clause have made the Chi-nese people realize that human rights are not only a“great term”,but also a common value shared by mankind.Amid the once-in-a-century changes of the world,although the development of human rights is facing various challenges,the humanistic spirit contained in the hu-man rights clause has become the internal driving force for building consensus in the whole of society.Reinterpreting the significance and value of the human rights clause can help us conscientiously draw on the experience in the implementation of the clause over the past 20 years and contribute Chinese wisdom and experience to global human rights governance with a more open mind and inclusive attitude.展开更多
From the perspective of culture-based source,the author considered that the ancient Chinese poetry and paintings not only embodied the harmony and unity thought of man and nature,but also were the emotional attachment...From the perspective of culture-based source,the author considered that the ancient Chinese poetry and paintings not only embodied the harmony and unity thought of man and nature,but also were the emotional attachment of Chinese literati.As a diverse and comprehensive aesthetic art,landscape expressed material and spiritual culture doubly,the spiritual connotation of which was inextricably linked within ancient Chinese poetry and paintings.In addition,ancient Chinese poetry and paintings can be directly used in landscape composition,such as the widely used in plaques,inscriptions,couplets,poems and inscriptions,carved beams and painted pillars,painting with words and so on.Chinese literati integrated the ethereal realm of poetry and paintings into garden art,making landscape endow with poetic charm.Therefore,the landscape revealed the traces of literature and arts in aesthetic idea and taste,pushing Chinese garden to a higher aesthetic realm.This study pointed the right way to the future of modern landscape which advocated ecological and harmonious development.展开更多
This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts...This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.展开更多
Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues th...Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique： （1） is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and （2） underestimates the importance of securing the constitutive conditions of democratic self-government.展开更多
This paper is concerned with examining the nature of constitutionalism in sharia law and United States.This research explores topics arising in the comparative study of constitutional systems and constitutional questi...This paper is concerned with examining the nature of constitutionalism in sharia law and United States.This research explores topics arising in the comparative study of constitutional systems and constitutional questions of ideological legal systems and United States.My concerns include defining what a constitution actually is and identifying its function within a political system.This paper investigates the development of Islamic judicial review in the contemporary Constitution of Iran,Iraq,and Afghanistan.The secularist view of constitutionalism assumes that the sharia lacks an appropriate framework to effectively derive constitutional principles that would limit government,guarantee human rights,and promote the rule of law.This article argues that democracy is a core value of the constitution.The framers of the new constitution in transitional countries should develop the structure of the government with separation of powers to serve as a protection for democracy.Individual rights such as freedoms of speech,petition,and assembly were established to ensure a healthy democratic process.This research argues how a constitution will be compatible with the principles of democracy and human rights as it was originated in the US Constitution.展开更多
The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional o...The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional order so as to prevent the tyranny. It is itself an integral part of the order of the rule of law. However, the establishment of this right itself is not guaranteed by the relevant legal systems. Even in the countries ruled by laws that stipulate the right to resistance of the citizens, the system is a quite threatening ＂double-edged sword＂ to the order of the rule of law. If it cannot be well regulated, it will even destroy the rule of law. There^bre, the right to resistance of the citizens has its positive significance to the construction of the rule of law, but its negative significance is inevitable. Especially in the environment of today＇s China, we should be more cautious to fit the right to resistance into our constitution.展开更多
The electroless Ni-P-carbon nanotubes composite plating was studied on the copper substrate. Metallurgical microscope, scanning electronic microscope, X-ray diffractometer and micro hardness tester were used to study ...The electroless Ni-P-carbon nanotubes composite plating was studied on the copper substrate. Metallurgical microscope, scanning electronic microscope, X-ray diffractometer and micro hardness tester were used to study the structure, constitution and performance of the electroless Ni-P-carbon nanotubes composite deposit. Experiential results show that, with the increment of carbon nanotubes content in electroless plating solution, the grain size on the sample surface decreases whereas the density of grains and the hardness for composite deposit increases. Moreover, adding carbon nanotubes not only improves the degree of crystallization for the composite deposit but also helps their transformation from the amorphous state to the nanocrystal state.展开更多
文摘The paper deals with recent deviations from the shared values of con- stitutionalism towards a kind of ＇populist, illiberal constitutionalism＇ introduced by Hungary＇s new constitution in 2011. The populism of FIDESZ was directed against all elites, including the ones that designed the 1989 constitutional system （in which FIDESZ also participated）, claiming that it was time for a new revolution. This is why PM Viktor Orban characterized the results of the 2010 elections as a ＇revo- lution of the ballot boxes＇. His intention with this revolution was to eliminate all checks and balances, and even the parliamentary rotation of governing parties. His vision for a new constitutional order----one in which his political party occupies the centre stage of Hungarian political life and puts an end to debates over values has now been entrenched in the new constitution. The paper argues that this current Hungarian constitutional system was made possible by FIDESZ＇ anti-pluralist nationalist populism, but is not necessarily based on a true commitment to expressing the will of the people via ＇illiberal constitutionalism＇. The populist government rather misuses the country＇s lack of constitutional culture. Adherence to constitutional patriotism would mean that FIDESZ would have to endorse what John Rawls once called ＇constitutional essentials＇. The core of this kind of con- stitutional patriotism is a constitutional culture centred on universalist liberal democratic norms and values. Instead, the current Hungarian constitutional system is confronted with unconstitutional patriotism, a kind of nationalism that violates constitutional essentials in the name of ＇national constitutional identity＇.
文摘Constitutionalism has more than a century of history in the Muslim world.More recently,Iran and Iraq,two countries with populations comprised of Shi’a majorities with a strong presence in the layout of political power,appear to have embarked on divergent routes with regard to the formal blueprints of public authority.Yet as this research demonstrates,due to an absence of robust institutional arrangements and lack of efficient mechanisms of revision and entrenchment,comparable outcomes can be observed in the form of political systems that have consistently failed to uphold various elements of popular sovereignty,which the constitutions themselves claim to be endorsing.This study aims at providing a closer examination of important elements of popular constitutional sovereignty by examining key normative,institutional and procedural settings in both contexts to evaluate critically the constitutional arrangements in two prominent republican settings in the Muslim world.The author will argue that in both cases certain highlighted fundamental shortfalls could lead one to regard both texts as“sham constitutions”.This study draws upon theoretical principles of comparative constitutional analysis.
基金supported by the National Key R&D Program of China(2020YFC2003102).
文摘Objective:To reveal the distribution characteristics and demographic factors of traditional Chinese medicine(TCM)constitution among elderly individuals in China.Methods: Elderly individuals from seven regions in China were selected as samples in this study using a multistage cluster random sampling method.The basic information questionnaire and Constitution in Chinese Medicine Questionnaire(Elderly Edition)were used.Descriptive statistical analysis,chi-squared tests,and binary logistic regression analysis were used.Results: The single balanced constitution(BC)accounted for 23.9%.The results of the major TCM constitution types showed that BC(43.2%)accounted for the largest proportion and unbalanced constitutions ranged from 0.9%to 15.7%.East China region(odds ratio[OR]=2.097;95%confidence interval[CI],1.912 to 2.301),married status(OR=1.341;95%CI,1.235 to 1.457),and managers(OR=1.254;95%CI,1.044 to 1.505)were significantly associated with BC.Age>70 years was associated with qi-deficiency constitution and blood stasis constitution(BSC).Female sex was significantly associated with yang-deficiency constitution(OR=1.646;95%CI,1.52 to 1.782).Southwest region was significantly associated with phlegm-dampness constitution(OR=1.809;95%CI,1.569 to 2.086).North China region was significantly associated with inherited special constitution(OR=2.521;95%CI,1.569 to 4.05).South China region(OR=2.741;95%CI,1.997 to 1.3.763),Central China region(OR=8.889;95%CI,6.676 to 11.835),senior middle school education(OR=2.442;95%CI,1.932 to 3.088),and managers(OR=1.804;95%CI,1.21 to 2.69)were significantly associated with BSC.Conclusions: This study defined the distribution characteristics and demographic factors of TCM constitution in the elderly population.Adjusting and improving unbalanced constitutions,which are correlated with diseases,can help promote healthy aging through the scientific management of these demographic factors.
文摘Ever since the introduction of Western biomedicine into China, there has been friction between proponents of this new approach, and proponents of the traditional medical practices that had evolved over thousands of years in China. For the most part, this friction has been couched in the unexamined assumption that Western medicine is based on science, while Chinese medicine is not. This article will examine that assumption, which in this author’s opinion is unjustified and incorrect. Having practiced acupuncture for the past 50 years, after receiving my doctoral degrees in medicine and physiology, my thinking on this topic has also evolved over time. I will begin this article with some historical information that bears on the topic under discussion, followed by my personal ideas about how to resolve the confiicts that have arisen.
基金National Key Research and Development Program of China(2022YFC3502302)National Natural Science Foundation of China(82074580)Graduate Research Innovation Program of Jiangsu Province(KYCX23_2078).
文摘Objective To construct a precise model for identifying traditional Chinese medicine(TCM)constitutions;thereby offering optimized guidance for clinical diagnosis and treatment plan-ning;and ultimately enhancing medical efficiency and treatment outcomes.Methods First;TCM full-body inspection data acquisition equipment was employed to col-lect full-body standing images of healthy people;from which the constitutions were labelled and defined in accordance with the Constitution in Chinese Medicine Questionnaire(CCMQ);and a dataset encompassing labelled constitutions was constructed.Second;heat-suppres-sion valve(HSV)color space and improved local binary patterns(LBP)algorithm were lever-aged for the extraction of features such as facial complexion and body shape.In addition;a dual-branch deep network was employed to collect deep features from the full-body standing images.Last;the random forest(RF)algorithm was utilized to learn the extracted multifea-tures;which were subsequently employed to establish a TCM constitution identification mod-el.Accuracy;precision;and F1 score were the three measures selected to assess the perfor-mance of the model.Results It was found that the accuracy;precision;and F1 score of the proposed model based on multifeatures for identifying TCM constitutions were 0.842;0.868;and 0.790;respectively.In comparison with the identification models that encompass a single feature;either a single facial complexion feature;a body shape feature;or deep features;the accuracy of the model that incorporating all the aforementioned features was elevated by 0.105;0.105;and 0.079;the precision increased by 0.164;0.164;and 0.211;and the F1 score rose by 0.071;0.071;and 0.084;respectively.Conclusion The research findings affirmed the viability of the proposed model;which incor-porated multifeatures;including the facial complexion feature;the body shape feature;and the deep feature.In addition;by employing the proposed model;the objectification and intel-ligence of identifying constitutions in TCM practices could be optimized.
文摘The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.
文摘On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“the state respects and protects human rights”as the third clause in Article 33 of Chapter II“Basic Rights and Obligations of Citizens”in the Constitution.The inclusion of the clause of human rights in the Constitution is considered an important milestone in the history of human rights development in the People’s Republic of China.The implementation of the human rights clause not only showcases the values of the Party and the state in respecting and protecting human rights,but also promotes the development of human rights,shapes the culture of human rights,and endows the rule of law with a rich humanistic spirit.Over the past 20 years,the publicity,research and practice of the human rights clause have made the Chi-nese people realize that human rights are not only a“great term”,but also a common value shared by mankind.Amid the once-in-a-century changes of the world,although the development of human rights is facing various challenges,the humanistic spirit contained in the hu-man rights clause has become the internal driving force for building consensus in the whole of society.Reinterpreting the significance and value of the human rights clause can help us conscientiously draw on the experience in the implementation of the clause over the past 20 years and contribute Chinese wisdom and experience to global human rights governance with a more open mind and inclusive attitude.
文摘From the perspective of culture-based source,the author considered that the ancient Chinese poetry and paintings not only embodied the harmony and unity thought of man and nature,but also were the emotional attachment of Chinese literati.As a diverse and comprehensive aesthetic art,landscape expressed material and spiritual culture doubly,the spiritual connotation of which was inextricably linked within ancient Chinese poetry and paintings.In addition,ancient Chinese poetry and paintings can be directly used in landscape composition,such as the widely used in plaques,inscriptions,couplets,poems and inscriptions,carved beams and painted pillars,painting with words and so on.Chinese literati integrated the ethereal realm of poetry and paintings into garden art,making landscape endow with poetic charm.Therefore,the landscape revealed the traces of literature and arts in aesthetic idea and taste,pushing Chinese garden to a higher aesthetic realm.This study pointed the right way to the future of modern landscape which advocated ecological and harmonious development.
文摘This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.
文摘Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique： （1） is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and （2） underestimates the importance of securing the constitutive conditions of democratic self-government.
文摘This paper is concerned with examining the nature of constitutionalism in sharia law and United States.This research explores topics arising in the comparative study of constitutional systems and constitutional questions of ideological legal systems and United States.My concerns include defining what a constitution actually is and identifying its function within a political system.This paper investigates the development of Islamic judicial review in the contemporary Constitution of Iran,Iraq,and Afghanistan.The secularist view of constitutionalism assumes that the sharia lacks an appropriate framework to effectively derive constitutional principles that would limit government,guarantee human rights,and promote the rule of law.This article argues that democracy is a core value of the constitution.The framers of the new constitution in transitional countries should develop the structure of the government with separation of powers to serve as a protection for democracy.Individual rights such as freedoms of speech,petition,and assembly were established to ensure a healthy democratic process.This research argues how a constitution will be compatible with the principles of democracy and human rights as it was originated in the US Constitution.
文摘The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional order so as to prevent the tyranny. It is itself an integral part of the order of the rule of law. However, the establishment of this right itself is not guaranteed by the relevant legal systems. Even in the countries ruled by laws that stipulate the right to resistance of the citizens, the system is a quite threatening ＂double-edged sword＂ to the order of the rule of law. If it cannot be well regulated, it will even destroy the rule of law. There^bre, the right to resistance of the citizens has its positive significance to the construction of the rule of law, but its negative significance is inevitable. Especially in the environment of today＇s China, we should be more cautious to fit the right to resistance into our constitution.
文摘The electroless Ni-P-carbon nanotubes composite plating was studied on the copper substrate. Metallurgical microscope, scanning electronic microscope, X-ray diffractometer and micro hardness tester were used to study the structure, constitution and performance of the electroless Ni-P-carbon nanotubes composite deposit. Experiential results show that, with the increment of carbon nanotubes content in electroless plating solution, the grain size on the sample surface decreases whereas the density of grains and the hardness for composite deposit increases. Moreover, adding carbon nanotubes not only improves the degree of crystallization for the composite deposit but also helps their transformation from the amorphous state to the nanocrystal state.
