scholarly journals SCIENTIFIC EXPERIMENTS ON ANIMALS AND CONSTITUTIONAL PRINCIPLE

2011 ◽  
Vol 12 (1, 2 & 3) ◽  
pp. 2002 ◽  
Author(s):  
Elaine L. Hughes
Keyword(s):  
Ethical Implications ◽  
Constitutional Principle ◽  
Division Of Powers ◽  
Scientific Experiments ◽  
The Subject ◽  
Exhaustive List

It is a well-established principle that the division of powers in the Constitution Act, 18671 sets out an exhaustive list of legislative subjects.2 Thus, all “new” subjects of potential regulation in Canada, such as biotechnology, must fit within the established categories of authority. This article explores some of the ethical implications of this constitutional framework and approach when the subject under consideration is the welfare of animals used in research.

scholarly journals Pozaustawowy kontratyp działania w ramach uprawnień wynikających z prawa do obrony w kontekście nowelizacji art. 233 §1 Kodeksu karnego

2021 ◽  
Vol 28 (2) ◽  
pp. 91-123
Author(s):  
Dominika Lapawa
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Basis ◽  
Constitutional Principle ◽  
Division Of Powers ◽  
The Supreme Court ◽  
The Subject ◽  
The Right ◽  
Constituent Elements ◽  
Domestic Law

The work is devoted to the non-statutory justification of action in the scope of the right to defence, whose purpose was the exclusion of criminal responsibility for giving false testimony by a witness – the actual perpetrator – in his or her case. It was emphasised that the defence which heretofore resulted from Art. 182 and 183 kk was insufficient for the witness. One discussed inter alia the legal basis of the justification, its constituent elements, one indicated the  controversies which were caused by the concept of justification, and which to a great extent were associated with the violation, by the Supreme Court, of the constitutional principle of the tripartite division of powers and with the substantive and temporal limits of the right to defence which result both from the norms of international and domestic law. One indicated the position of the representatives of the doctrine as to the concept of justification. Scholarship on the subject, even though it did not take a uniform stand in reference to the problem in question, basically discerned the necessity of the improvement of the situation of the witness – the actual perpetrator, who, testifying in his or her own case, would run the risk of self-incrimination. The considerations of the doctrine resulted in numerous alternative propositions de lege ferenda. In the work, one suggests to seek such a solution in the substantive approach to the nemo se ipsum accusare tenetur rule. Then it was emphasised that the problem of justification once again became the subject of discussion owing to the amendment issued on 11 March 2016 about the modification of the act of law – The Code of Criminal Procedure and certain other acts of law Art. 233 §1a kk. At that time one penalised the behaviour of a witness, who in fear of criminal liability to be faced by the witness or his relatives gives false testimony or conceals the truth. For the sake of recapitulation, one indicated that the amendment which was described above rendered the justification in question invalid, and the perpetrator who is heard in a court of law as a witness continues de lege lata to be entitled to use the right to refuse to answer the question from Art. 183 §1 kpk. One emphasised that the doctrine recurrently discerned the shortcomings of defence which result from Art. 183 §1 kpk. Above all the institution from Art. 183 §1 kpk was not intended for a witness – the actual perpetrator. Therefore, in the article, in order to realise the warranty nature of the entitlement in question one suggests that this admonishment should be rendered obligatory, so that every witness would be aware that the right exists and that he or she may exercise it.

FUNDAMENTAL ASPECTS OF THE FORMATION ANDSIGNIFICANCE OF THE CONSTITUTIONAL PRINCIPLE AND LEGAL INSTITUTION OF JUDICIAL REPRESENTATION IN THE RUSSIAN EMPIRE OF THE XIX CENTURY

2020 ◽  
Vol 10 (4(73)) ◽  
pp. 64-69
Author(s):  
A.V. Sosnin
Keyword(s):  
Legal Profession ◽  
Russian Empire ◽  
Legal Institution ◽  
Constitutional Principle ◽  
Political Work ◽  
The Reformation ◽  
Source Studies ◽  
The Subject ◽  
The Russian Empire ◽  
Xix Century

The subject of the study establishes the nature of the legal profession, peculiarities of formation of the legal profession of the nineteenth century, and the conditions past development of the legal profession in the Russian Empire and the first steps in the reformation of jury legal profession, providing information on references to judicial representation in the oldest monuments of the Russian Empire of the XIX century. Some features of the judicial counter-reform of 1864, which served as the beginning of the emergence and appearance of the juried bar, are described. The problems worthy on the way of self-origin and improvement of legal Institute of bar, the developed aspects of the organization and work of bar in the course of its formation were revealed. The embodiment of the ancient and later foundations of independence, the legality of corporatism, self-government and equality of lawyers. The test of reconstruction of one of the first and important legal institutions of representation of judicial and source studies of the Russian Empire is carried out. The key conclusions that determined the practice of our time, state political work, which formed the basis of the judicial and legal system of the state, are established.

scholarly journals Gestão do Judiciário e gestão da qualidade: uma questão de princípios - Judiciary management and quality management: a question of principles

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Alex Pizzio Da Silva ◽  
José Eudacy Feijó Paiva
Keyword(s):  
Quality Management ◽  
Public Administration ◽  
Management System ◽  
Quality Management System ◽  
Iso 9001 ◽  
The Public ◽  
Constitutional Principle ◽  
Judicial Administration ◽  
The Subject ◽  
Point Of Reference

<p>O objetivo deste artigo é contribuir ao debate acerca da gestão do Poder Judiciário tendo como referência o princípio constitucional da eficiência na administração pública e os princípios da gestão da qualidade. Sob esse enfoque são abordados os temas da crise na administração pública e na administração judiciária. Através de uma revisão bibliográfica em livros e artigos levantou-se as contribuições de autores sobre o tema em análise. Uma correlação entre os princípios da qualidade e a realidade encontrada na administração de unidades judiciárias, através das fontes analisadas para o estudo, é realizada com o fim de demonstrar a validade da aplicação dos princípios para nortear as mudanças necessárias para a melhoria da prestação jurisdicional e a aumentar a satisfação da sociedade. O artigo apresenta a aplicabilidade de um sistema de gestão da qualidade, conforme o modelo da norma ABNT NBR ISO 9001:2015, como uma alternativa eficaz para que o Poder Judiciário apresente a resposta mais adequada para a necessidade de melhoria na eficiência da gestão do Poder Judiciário.</p><p> </p><p>The purpose of this article is to contribute to the debate about the management of the Judiciary having as point of reference the constitutional principle of efficiency in the Public Administration and the principles of quality management. This approach addresses the issues of crisis in the public administration and judicial administration. Through a bibliographical review in books and articles the contributions of authors on the subject under analysis were compiled. A correlation between the principles of quality and the reality found in the management of judicial units, through the sources analyzed for the study, is established in order to demonstrate the validity of the application of the principles to guide the changes necessary to improve the jurisdictional performance and to increase the satisfaction of society. The article presents the applicability of a quality management system, according to the model of ABNT NBR ISO 9001: 2015, as an effective alternative for the Judiciary to provide the most appropriate response to the need of improving the efficiency of the Judiciary management.</p><p> </p>

scholarly journals Ethical implications of procedural or protocol adjustments to clinical research involving the participation of human subjects during the COVID-19 pandemic

2021 ◽  
Vol 11 (3-4) ◽  
pp. 181-195
Author(s):  
Anetta Jedličková
Keyword(s):  
Clinical Trials ◽  
Clinical Research ◽  
Human Subjects ◽  
Subject Matter Experts ◽  
Ethical Challenges ◽  
Wide Audience ◽  
Ethical Implications ◽  
The Subject ◽  
Research Professionals ◽  
Trial Participants

Abstract The current coronavirus disease 2019 (COVID-19) pandemic has led to essential adjustments in clinical research involving human subjects. The pandemic is substantially affecting most procedures of ongoing, as well as new clinical trials related to diseases other than COVID-19. Procedural changes and study protocol modifications may significantly impact ethically salient fundamentals, such as the risk-benefit profile and safety of clinical trial participants, which raise key ethical challenges the subject-matter experts must face. This article aims to acquaint a wide audience of clinical research professionals, ethicists, as well as the general public interested in this topic with the legal, ethical and practical considerations in the field of clinical trials during the COVID-19 pandemic and to support the clinical researchers and study sponsors to fulfil their responsibilities in conducting clinical trials in a professional way that does not conflict with any legal or ethical obligations.

Federalism and Unanimity: The Supreme Court and Constitutional Amendment

1983 ◽  
Vol 16 (4) ◽  
pp. 757-770
Author(s):  
Samuel V. LaSelva
Keyword(s):  
Supreme Court ◽  
Constitutional Amendment ◽  
Unilateral Action ◽  
Division Of Powers ◽  
Canadian Federalism ◽  
The Supreme Court ◽  
The Subject ◽  
Political Compromise

AbstractThe Supreme Court's decisions on constitutional amendment made possible and then sanctioned a political compromise which conflicts with the logic of the only provision of the BNA Act dealing with amendments to the division of powers. The implications of section 94 have been overlooked partly because judges are ill-disposed to arguments based upon the structure of the BNA Act, and partly because of Frank Scott's misleading essay on the subject. Scott's centralist interpretation of section 94 is untenable, largely because that section does not restrict provincial sovereignty or federalism but gives constitutional recognition to them. Section 94 also implies a formal amending procedure of unanimity: neither unilateral action by the federal Parliament nor substantial provincial consent has any application to the division of powers. Since the centralist interpretation of the Canadian constitution cannot be reconciled with a significant provision of the BNA Act, a conception of Canadian federalism is required which gives greater recognition to the constitutional autonomy of the provinces.

scholarly journals Rhythms of Nature and Culture in the Art of M. K. Ciurlionis

2012 ◽  
Vol 21 (26) ◽  
pp. 151-160
Author(s):  
Wiesna Mond-Kozłowska
Keyword(s):  
Human Life ◽  
Laws Of Nature ◽  
Research Field ◽  
Olivier Messiaen ◽  
Constitutional Principle ◽  
Nature And Culture ◽  
Functional Quality ◽  
The Subject ◽  
The Common ◽  
Metaphysical Truth

This article aims to grasp the ontological constitutional principle known as correspondances des artes. The affinity of arts is usually interpreted as a functional quality, while the author holds that it is of ontic character as well. This results from the shared ontological reference of all natural phenomena of human life and, consequently, human creative work. Experimental knowledge of this metaphysical truth, according to the composer-synaesthetic Olivier Messiaen, is within the reach of very few people, even less so amongst the artists themselves. Mikalojus Konstantinas Čiurlionis, the Lithuanian composer and painter, was one of those very few. The main argument of the article, which is developed in the realm of the ontology of a piece of art, is the premise that the rhythm factor can serve as grounds for discussion to investigate the nature of the correspondances des artes. This was also the subject matter of the French phenomenologist Mikel Dufrenne’s writings (Dufrenne 1992, pp. 323–324).In addition, the author argues that all so-called organic aesthetics (Tatarkiewicz 1985, p. 84), those who claim that the laws of the creative process depend on the laws of nature, prove the existence of the common and shared ontic base of the world, logos. This base belongs to both natural and created ontological phenomena. The synaesthetic pictorial and musical oeuvre of Čiurlionis is the research field for inferring the initial argument of the paper.

scholarly journals #MeToo or "Me Too"?: Defining Our Terms

2020 ◽  
Vol 10 (2) ◽  
Author(s):  
Caitlin L. Kelly
Keyword(s):  
Higher Education ◽  
Eighteenth Century ◽  
Sexual Violence ◽  
Subject Matter ◽  
Women's Writing ◽  
Literary Texts ◽  
Ethical Implications ◽  
Women's Narratives ◽  
The Future ◽  
The Subject

How we talk about misogyny and sexual violence in literary texts matters—to our students, to our colleagues, and to the future of the humanities and of higher education—and the “Me Too” movement has revived with new urgency debates about how to do that. In this essay, I explore the ethical implications of invoking the “Me Too” movement in the classroom, and I offer a model for designing a course that does not simply present women’s narratives as objects of study but rather uses those narratives to give students opportunities and tools to participate in the “Me Too” movement themselves. To re-think eighteenth-century women’s writing in light of “Me Too,” I contend, is to participate in the movement, and so in our teaching we must engage with the ethics of the movement as well as the subject matter.

scholarly journals Medical research and their ethical nature

2021 ◽  
Vol 25 (1) ◽  
pp. 147-151
Author(s):  
I. V. Lantukh ◽  
N. F. Merkulova ◽  
V. M. Ostapenko
Keyword(s):  
Medical Research ◽  
Medical Knowledge ◽  
Scientific Progress ◽  
Reliability And Validity ◽  
Well Being ◽  
Public Control ◽  
Ethical Implications ◽  
Medical Experiments ◽  
Moral Qualities ◽  
The Subject

Annotation. The article examines the problem of medical researches, which is so relevant and necessary especially today, during the COVID-19 pandemic. It turns out that medical researches have an ethical nature, due to two interrelated aspects – the first aspect relates to professional medical practice, the second – to the patient's personality. Human medical research is based on the "rule of consent". This is necessary to protect the subject of medical research against various threats. The ethical implications of medical research stem from the need to comply with social requirements. The ratio of internal (professional) and external (public) control over medical research is both moral and social problems. Public control over medical research should be limited to such an extent as to leave room for the professional work of scientists. One aspect of this problem is related to the physical well-being of the subject of medical research: an adequate balance between risk and success is determined solely by the physician. The second aspect is related to the well-being of the person being studied as an individual and comes down to the question of who should determine this balance. Physicians attribute this right exclusively to themselves: only they can obtain the necessary information, without putting pressure on their patients. It is important to affirm the "principle of support" for medical research: the only one who can assess the human aspect of research is the subject himself. At first, the patient usually trusts his doctor, but later he must be able to decide how justified this trust was. The scientist-physician must realize that his future as a researcher depends not only on scientific but also moral qualities. On the other hand, fear of the sad consequences of the experiment should not be an obstacle to scientific progress. Important characteristics of the experiment are its reliability and validity. Therefore, medical experiments are an important tool for the development of medical knowledge about a person, about his health.

scholarly journals Gestão democrática como processo de alteração estrutural

2019 ◽  
Vol 88 (219) ◽  
Author(s):  
Carlos Monteiro
Keyword(s):  
Public Education ◽  
Structural Alteration ◽  
School Council ◽  
The Public ◽  
Democratic Management ◽  
Participation Decision ◽  
Constitutional Principle ◽  
The Subject ◽  
Decision Taking

Construído a partir de questões discutidas em uma dissertação de mestrado a respeito do princípio constitucional da gestão democrática do ensino público, este trabalho apresenta discussões sobre gestão democrática, autonomia, conselho escolar, participação e tomada de decisão, categorias de análise que contextualizam o tema e orientaram as técnicas utilizadas na investigação. Conclui que a alteração estrutural sem efetiva descentralização, autonomia, formação e recursos demonstrou insuficiência para promover a participação e democratizar o poder nas escolas. Palavras-chave: gestão democrática; autonomia; conselho escolar; participação; tomada de decisão. Abstract Derived from questions debated in a masters dissertation regarding the constitutional principle of the democratic management of the public education, this work presents questions on democratic management, autonomy, school council, participation and decision taking, categories of analysis that contextualize the subject and orient the techniques used in the research. It concludes that the structural alteration without effective decentralization, autonomy, formation and resources were not sufficient to promote participation and to democratize schools. Keywords: democratic management; autonomy; school council; participation; decision taking.

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