scholarly journals ROLE OF PREAMBLE IN DEVELOPING ‘THE LIMITED THEORY OF AMENDMENT’ IN INDIA

Author(s):  
Dr.N.M. Khirale

The Preamble to the constitution has a noble vision which is reflected in the body of constitution in two parts. Chapter on fundamental rights and directive principles both are constitutional goals. The foundation of welfare state and democratic setup is a basic feature which directs state machinery to respect the way, access to exercise of right to life of millions in India. The Supreme nature of the constitution, Republic and Democratic form of Government. Secular in itself and partially adoption of theory of Separation of powers with Federal character are the basic elements of the constitution which can easily be understand by anybody by simply reading the contents of the preamble. The Constitution-makers with legitimate voice finalized the competency parliament to make amendments in rights to cater the present needs of nation and also to find remedial measures for the problems of socio-economic progress and development of the country. KEYWORDS: Preamble, Basic structure, Amending powers, limited power theory.

Politics ◽  
2018 ◽  
Author(s):  
Peter Ferdinand ◽  
Robert Garner ◽  
Stephanie Lawson

This chapter explores the interrelationships between law, constitutions, and federalism. It first explains the importance of constitutions in shaping the basic structure of the state and the fundamental rights of citizens that they establish before discussing the Universal Declaration of Human Rights, in particular asking whether it is Western-centric. It then considers the ways in which states may attempt to realize justice in applying the law, with emphasis on the distinction between Islamic and Western practice. It also examines the role of constitutional courts and judicial review, legal adjudication of political problems, how the institution of federalism is used to contain the powers of the state and to manage diverse societies, and consociationalism as an alternative approach to handling social diversity. Finally, it analyses the increasing legalization of political life.


Author(s):  
Li-Ann Thio

The legal culture, political context, and organization of any one national state is key to apprehending the role of courts and judicial review in upholding the rule of law and the administrative state. Constitutional principles like the separation of powers, basic rights, and governance priorities like efficiency will shape the scope, intensity, and grounds of judicial review, which actors are susceptible to it, and questions of standing. Different ideological communities place varying emphasis on these factors. Models of judicial review, based on the French special administrative courts or English common law courts of general jurisdiction, were first developed in Western liberal democracies. These have been influential exports beyond Europe, although susceptible to autochthonous adaptations informed by local culture and exigencies. This chapter examines the chief features of courts and judicial review in Western liberal democracies, where the function of judicial review has gone beyond ensuring legality and conformity of administrative processes to standards of substantive and procedural fairness, to include protecting fundamental rights and promoting participatory democracy in the rule-making process. It examines how judicial review operates, similarly or distinctly, under other government regimes beyond liberal democratic orders, within non-liberal developmental states with communitarian cultures and socialist legal systems.


2020 ◽  
Vol 7 (3, jul.-dez.) ◽  
pp. 323-354
Author(s):  
Martín Mercado-Vásquez

El presente artículo de investigación estudia la relación entre experiencias corporales e identidad personal, a partir de la pregunta sobre si aquellas son fundamento de esta. En la primera parte del artículo se justifica el tema abordado, mediante la revisión del planteamiento del problema de la identidad personal de J. Locke; por lo que se estudia el rol del cuerpo en la idea de hombre y en la identidad personal. Después, se analiza la noción de identidad personal tomando en cuenta las experiencias de dolor y placer. En la segunda parte, se aborda la antropología neo-fenomenológica de Hermann Schmitz, a partir de la tesis de “sin propio-cuerpo no hay persona” y de su descripción del dolor como fundamento propio-corporal de la identidad personal. A continuación, se expone la dinámica entre actitud propio-corporal y equilibrio personal como estructura básica de la situación personal. Finalmente, se ofrece una breve conclusión (3). Palabras clave: Identidad personal, cuerpo, propio-cuerpo, dinámica propio-corporal, situación personal.   Abstract The following research article examines the relationship between felt-bodily experiences and personal identity, and whether the former can be considered the basis for the latter. The first part of the article deals with the relationship of these two concepts within Locke's view of personal identity in order to justify the question. Therefore, the role of the body in the conception of man and in personal identity is revised. Then the idea of personal identity in relation to pain experience is questioned. The second part deals with the neo-phenomenological anthropology of Hermann Schmitz, which is based on the thesis: “without felt-body no person”. Next, the dynamics between attitude and composure as the basic structure of the personal situation identity is revealed, which can be assumed as an answer to the question of personal identity. Finally, a brief conclusion is given. Key words: Personal identity, body, felt-body, felt-body dynamics, personal situation.   Resumo O presente artigo estuda a relação entre experiências corporais e identidade pessoal, tomando como base a indagação se aquelas são fundamentos desta. Na primeira parte do artigo, justifica-se o problema mediante a revisão da abordagem de J. Locke para o problema da identidade pessoal; razão pela qual o papel do corpo na ideia do homem e na identidade pessoal é estudado. Na sequência, estuda-se a noção de identidade pessoal, levando-se em consideração as experiências de dor e de prazer. Na segunda parte, aborda-se a antropologia neo-fenomenológica de Hermann Schmitz, com base na tese de "sem o seu próprio-corpo, não existe pessoa" e sua descrição da dor como fundamento próprio-corporal da identidade pessoal. Em seguida, a dinâmica entre atitude próprio-corporal e equilíbrio pessoal é exposta como estrutura básica da situação pessoal. Por fim, é oferecida uma breve conclusão. Palavras-chave: Identidade pessoal, corpo, próprio-corpo, dinâmica do próprio-corpo, situação pessoal.


2021 ◽  
Vol 12 ◽  
Author(s):  
Fengping Wu ◽  
Jinfang Gao ◽  
Jie Kang ◽  
Xuexue Wang ◽  
Qing Niu ◽  
...  

Rheumatoid arthritis (RA) is a common, chronic, systemic autoimmune disease, and its clinical features are the proliferation of joint synovial tissue, the formation of pannus and the destruction of cartilage. The global incidence of RA is about 1%, and it is more common in women. The basic feature of RA is the body’s immune system disorders, in which autoreactive CD4+T cells, pathogenic B cells, M1 macrophages, inflammatory cytokines, chemokines and autoantibodies abnormally increase in the body of RA patients B cell depletion therapy has well proved the important role of B cells in the pathogenesis of RA, and the treatment of RA with B cells as a target has also been paid more and more attention. Although the inflammatory indicators in RA patients receiving B-cell depletion therapy have been significantly improved, the risk of infection and cancer has also increased, which suggests that we need to deplete pathogenic B cells instead of all B cells. However, at present we cannot distinguish between pathogenic B cells and protective B cells in RA patients. In this review, we explore fresh perspectives upon the roles of B cells in the occurrence, development and treatment of RA.


2015 ◽  
Vol 2015 ◽  
pp. 1-9 ◽  
Author(s):  
Zhiheng Xu ◽  
Yongbo Huang ◽  
Pu Mao ◽  
Jianrong Zhang ◽  
Yimin Li

Despite advances in management over the last several decades, sepsis and acute respiratory distress syndrome (ARDS) still remain major clinical challenges and the leading causes of death for patients in intensive care units (ICUs) due to insufficient understanding of the pathophysiological mechanisms of these diseases. However, recent studies have shown that histones, also known as chromatin-basic structure proteins, could be released into the extracellular space during severe stress and physical challenges to the body (e.g., sepsis and ARDS). Due to their cytotoxic and proinflammatory effects, extracellular histones can lead to excessive and overwhelming cell damage and death, thus contributing to the pathogenesis of both sepsis and ARDS. In addition, antihistone-based treatments (e.g., neutralizing antibodies, activated protein C, and heparin) have shown protective effects and have significantly improved the outcomes of mice suffering from sepsis and ARDS. Here, we review researches related to the pathological role of histone in context of sepsis and ARDS and evaluate the potential value of histones as biomarkers and therapeutic targets of these diseases.


2012 ◽  
Vol 82 (3) ◽  
pp. 228-232 ◽  
Author(s):  
Mauro Serafini ◽  
Giuseppa Morabito

Dietary polyphenols have been shown to scavenge free radicals, modulating cellular redox transcription factors in different in vitro and ex vivo models. Dietary intervention studies have shown that consumption of plant foods modulates plasma Non-Enzymatic Antioxidant Capacity (NEAC), a biomarker of the endogenous antioxidant network, in human subjects. However, the identification of the molecules responsible for this effect are yet to be obtained and evidences of an antioxidant in vivo action of polyphenols are conflicting. There is a clear discrepancy between polyphenols (PP) concentration in body fluids and the extent of increase of plasma NEAC. The low degree of absorption and the extensive metabolism of PP within the body have raised questions about their contribution to the endogenous antioxidant network. This work will discuss the role of polyphenols from galenic preparation, food extracts, and selected dietary sources as modulators of plasma NEAC in humans.


1990 ◽  
Vol 29 (04) ◽  
pp. 282-288 ◽  
Author(s):  
A. van Oosterom

AbstractThis paper introduces some levels at which the computer has been incorporated in the research into the basis of electrocardiography. The emphasis lies on the modeling of the heart as an electrical current generator and of the properties of the body as a volume conductor, both playing a major role in the shaping of the electrocardiographic waveforms recorded at the body surface. It is claimed that the Forward-Problem of electrocardiography is no longer a problem. Several source models of cardiac electrical activity are considered, one of which can be directly interpreted in terms of the underlying electrophysiology (the depolarization sequence of the ventricles). The importance of using tailored rather than textbook geometry in inverse procedures is stressed.


2007 ◽  
pp. 55-62 ◽  
Author(s):  
O. Bogomolov

The article reveals the influence of the spiritual and moral atmosphere in the society on economic development. The emphasis is put especially on the role of social confidence and social justice. The author indicates also some measures on improving the worsening moral situation in Russia.


2020 ◽  
Vol 99 (4) ◽  
pp. 379-383
Author(s):  
Vasily N. Afonyushkin ◽  
N. A. Donchenko ◽  
Ju. N. Kozlova ◽  
N. A. Davidova ◽  
V. Yu. Koptev ◽  
...  

Pseudomonas aeruginosa is a widely represented species of bacteria possessing of a pathogenic potential. This infectious agent is causing wound infections, fibrotic cystitis, fibrosing pneumonia, bacterial sepsis, etc. The microorganism is highly resistant to antiseptics, disinfectants, immune system responses of the body. The responses of a quorum sense of this kind of bacteria ensure the inclusion of many pathogenicity factors. The analysis of the scientific literature made it possible to formulate four questions concerning the role of biofilms for the adaptation of P. aeruginosa to adverse environmental factors: Is another person appears to be predominantly of a source an etiological agent or the source of P. aeruginosa infection in the environment? Does the formation of biofilms influence on the antibiotic resistance? How the antagonistic activity of microorganisms is realized in biofilm form? What is the main function of biofilms in the functioning of bacteria? A hypothesis has been put forward the effect of biofilms on the increase of antibiotic resistance of bacteria and, in particular, P. aeruginosa to be secondary in charcter. It is more likely a biofilmboth to fulfill the function of storing nutrients and provide topical competition in the face of food scarcity. In connection with the incompatibility of the molecular radii of most antibiotics and pores in biofilm, biofilm is doubtful to be capable of performing a barrier function for protecting against antibiotics. However, with respect to antibodies and immunocompetent cells, the barrier function is beyond doubt. The biofilm is more likely to fulfill the function of storing nutrients and providing topical competition in conditions of scarcity of food resources.


Somatechnics ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 288-303
Author(s):  
Michael Connors Jackman

This article investigates the ways in which the work of The Body Politic (TBP), the first major lesbian and gay newspaper in Canada, comes to be commemorated in queer publics and how it figures in the memories of those who were involved in producing the paper. In revisiting a critical point in the history of TBP from 1985 when controversy erupted over race and racism within the editorial collective, this discussion considers the role of memory in the reproduction of whiteness and in the rupture of standard narratives about the past. As the controversy continues to haunt contemporary queer activism in Canada, the productive work of memory must be considered an essential aspect of how, when and for what reasons the work of TBP comes to be commemorated. By revisiting the events of 1985 and by sifting through interviews with individuals who contributed to the work of TBP, this article complicates the narrative of TBP as a bluntly racist endeavour whilst questioning the white privilege and racially-charged demands that undergird its commemoration. The work of producing and preserving queer history is a vital means of challenging the intentional and strategic erasure of queer existence, but those who engage in such efforts must remain attentive to the unequal terrain of social relations within which remembering forms its objects.


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