Uzasadnienie voti separati a prawo do sądu. Zależności i gwarancje

2014 ◽  
pp. 49-60
Author(s):  
Mateusz Grochowski
Keyword(s):  
Legal System ◽  
Due Process ◽  
Application Of Law ◽  
Social Prestige ◽  
The Stability ◽  
Insight Into

The text provides an insight into the relation between the formal motives (justifycation) of votum separatum in judicial proceedngs and a right to due process. Because of to the complex axiological and functional character of the motives of judge’s dissent, the interdependence in question is not obvious, nor clear. Weakening the stability and social prestige of the judgment, as well as breaking the confidency of judges’ dispute, the votum separatum (mainly through its motives) contributes simultaneously to improving the overall quality of discourse accompanying application of law. It provides new points of reference that can or ought to be addressed at a few levels – within the grounds of the judgment (against which the dissent has been directed), by the court of higher instance, by other courts, as a „quasi-precedential” ruling, etc. For that reasons, although the separate opinion is not an obviouness for the legal system, introduction of this instrument entails quite automatically a need for a duty to justify it.

scholarly journals (In)variability of Attachment in Middle Childhood: Secure Base Script Evidence in Diary Data

2014 ◽  
Vol 31 (4) ◽  
pp. 225-242 ◽  
Author(s):  
Guy Bosmans ◽  
Magali Van de Walle ◽  
Lien Goossens ◽  
Eva Ceulemans
Keyword(s):  
Middle Childhood ◽  
Secure Base ◽  
Secure Attachment ◽  
Attachment Figure ◽  
Related Information ◽  
Diary Studies ◽  
Secure Base Script ◽  
The Stability ◽  
Insight Into

Secure attachment is characterised by a secure base script regarding the attachment figure as a source for support. Having such a cognitive script should affect the stability of state attachment. Specifically, incongruent attachment-related information should get assimilated to this secure base script, leading to state attachment scores that hardly fluctuate. For children without a script, state attachment should vary depending on the quality of attachment-related interactions. Two diary studies were carried out in 9- to 13-year-old children. Results suggested that with assimilation: (1) securely attached children fluctuated less in their daily attachment-related appraisals; (2) fluctuations were related to conflicts with mother; (3) this relation was stronger for less securely attached children. Consequently, these studies further support the secure base script hypothesis and provide insight into the interplay of trait and state components of attachment-related appraisals.

Teaching an old dog new tricks: Using courthouse facility dogs in Australia

2018 ◽  
Vol 43 (2) ◽  
pp. 89-95
Author(s):  
Ellen Wood ◽  
Paul Harpur ◽  
Nancy Pachana
Keyword(s):  
United States ◽  
Legal System ◽  
The United States ◽  
Fair Trial ◽  
Child Witnesses ◽  
Delicate Balance ◽  
Australian Context ◽  
Insight Into

Courthouse facility dogs are increasingly used to support child witnesses and complainants during testimony in courtrooms across the globe. Although already commonplace in the United States, this practice has been largely unexplored in the Australian context. This paper puts forward the case for courthouse facility dogs in Australia and offers some insight into striking the delicate balance between protecting defendants’ rights to a fair trial, and improving the efficiency and quality of the legal system for vulnerable witnesses and victims.

scholarly journals Odmowa uznania w Polsce rozwodu talaq na tle prawnoporównawczym

2020 ◽  
pp. 7-37 ◽  
Author(s):  
Maciej Zachariasiewicz
Keyword(s):  
Public Policy ◽  
Legal System ◽  
Due Process ◽  
Financial Protection ◽  
Considerable Time ◽  
The Public ◽  
Muslim Countries ◽  
The Stability ◽  
The Individual ◽  
The Given

The article deals with the recognition of talaq divorces (repudiation) in Poland and discusses reasons to oppose thereto. There are no doubts that repudiation of a wife, as known in Islamic legal systems, is contrary to fundamental principles of the Polish legal system. First, talaqs are discriminatory since they are available only for the men. The equality of spouses is thus violated. Second, the principle of the stability of marriage is infringed, given that repudiation does not often require to satisfy any conditions or requirements (other than repeating three times the word talaq). The author argues, however, that despite being in clear violation of the Polish public policy, talaq divorces should sometimes be recognized. In each and every case, the court must assess the individual circumstances of the case at hand. In particular, the recognition might be justified if the links of the case with the forum are weak. Likewise, if considerable time has passed since the divorce and the spouses to the repudiated marriage started new lives (especially entered new marriages), might the court refrain from enforcing Polish public policy. The court should also investigate the details of the talaq in question, because thelaws and practice of the various Muslim countries differ considerably. Not all talaqs are of the same kind. It is relevant to what extent the given talaq was unilateral or whether the woman has somehow consented to divorce and the degree of financial protection offered to the repudiated spouse. The involvement of the public authority which ensures that due process is observed and women’s rights are protected, might also justify recognition of the talaq divorce.

scholarly journals Departure from the rule of law as the consolidation of biopower. Example of Polish legislation justified by fighting the Covid-19 pandemic

2021 ◽  
pp. 5-21
Author(s):  
Arkadiusz Barut
Keyword(s):  
Due Process ◽  
Natural Sciences ◽  
The Rule Of Law ◽  
Application Of Law ◽  
Due Process Of Law ◽  
The Creation ◽  
The Impact ◽  
Act One ◽  
Formal Justice ◽  
Insight Into

Throughout this article the author interprets the crisis of the rule law in Poland in 2020 caused by the phenomenon described as Covid-19 pandemic as the solidification and consolidation of biopower – the contribution of ideas and practices justified by the findings of natural sciences to the disestablishment of paradigms hitherto recognized as fundamental to the creation and application of law, that is the due process of law or its formal justice. I proceed from the assumption that the creation and application of law must be grounded in phronesis — the Aristotelian prudence, that is the intellectual process of assessment of not only the means but also the goals. Thanks to the discernment of both the goals and the means in the same cognitive act, one gains the opportunity to distinguish individual cases and insight into specific situations. I assume the phronetics of law to justify and at once enable its acquisition of the property referred to as justice in its formal sense — predictability, non-retroactivity, generality of regulation, and so on. If, on the other hand, the law becomes subordinated to paradigms justified with the use of natural sciences, it ceases to fulfil its function. Biopower invades the legal sphere as a discourse of necessity, such a necessity is in itself the very opposite of the fine art of balancing the various competing interests, appreciating the importance of form and ritual, distinguishing the various individual cases. The purpose of this article is to analyse the impact of the crisis referred to as the Covid-19 pandemic on law and in no way to pronounce on the medical aspects of its proliferation or express a moral or political judgement of the actions justified by the need to contain it.

Criteria for evaluation of the coordinate measurements quality of parts geometric parameters at pilot-experimental production

2019 ◽  
pp. 3-8
Author(s):  
N.Yu. Bobrovskaya ◽  
M.F. Danilov
Keyword(s):  
Quality Indicators ◽  
Quality Management System ◽  
Technical Specification ◽  
Experimental Production ◽  
Technological Heredity ◽  
Coordinate Measurements ◽  
Reasonable Choice ◽  
The Stability ◽  
Geometric Elements

The criteria of the coordinate measurements quality at pilot-experimental production based on contemporary methods of quality management system and traditional methods of the measurements quality in Metrology are considered. As an additional criterion for quality of measurements, their duration is proposed. Analyzing the problem of assessing the quality of measurements, the authors pay particular attention to the role of technological heredity in the analysis of the sources of uncertainty of coordinate measurements, including not only the process of manufacturing the part, but all stages of the development of design and technological documentation. Along with such criteria as the degree of confidence in the results of measurements; the accuracy, convergence, reproducibility and speed of the results must take into account the correctness of technical specification, and such characteristics of the shape of the geometric elements to be controlled, such as flatness, roundness, cylindrical. It is noted that one of the main methods to reduce the uncertainty of coordinate measurements is to reduce the uncertainty in the initial data and measurement conditions, as well as to increase the stability of the tasks due to the reasonable choice of the basic geometric elements (measuring bases) of the part. A prerequisite for obtaining reliable quality indicators is a quantitative assessment of the conditions and organization of the measurement process. To plan and normalize the time of measurements, the authors propose to use analytical formulas, on the basis of which it is possible to perform quantitative analysis and optimization of quality indicators, including the speed of measurements.

Statistical Management of Food Production Processes

2020 ◽  
pp. 30-35
Author(s):  
N.A. Jurk ◽  
Keyword(s):  
Production Process ◽  
Control Chart ◽  
Food Production ◽  
Time Interval ◽  
Bakery Products ◽  
Shewhart Control ◽  
Manufactured Products ◽  
Mnemonic Technique ◽  
The Stability

The article presents scientific research in the field of statistical controllability of the food production process using the example of bakery products for a certain time interval using statistical methods of quality management. During quality control of finished products, defects in bakery products were identified, while the initial data were recorded in the developed form of a checklist for registering defects. It has been established that the most common defect is packaging leakage. For the subsequent statistical assessment of the stability of the production process and further analysis of the causes of the identified defect, a Shewhart control chart (p-card by an alternative feature) was used, which allows you to control the quality of manufactured products by the number of defects detected. Analyzing the control chart, it was concluded that studied process is conditionally stable, and the emerging defects are random. At the last stage of the research, the Ishikawa causal diagram was used, developed using the 6M mnemonic technique, in order to identify the most significant causes that affect the occurrence of the considered defect in bakery products. A more detailed study will allow the enterprise to produce food products that meet the established requirements.

Attitudes of Elderly People in the South Moravian Region to Further Education

2014 ◽  
Vol 4 (2) ◽  
pp. 54-78
Author(s):  
Petr Adamec ◽  
Marián Svoboda
Keyword(s):  
Quality Of Life ◽  
Elderly People ◽  
Further Education ◽  
The South ◽  
The Third ◽  
Interesting Insight ◽  
Survey Results ◽  
Insight Into ◽  
Demographic Features

This paper deals with the results of sociological survey focused on identification of the attitudes of elderly people to further education. The research was carried out in September 2010. Experience of elderly people with further education, their readiness (determination) for further education as well as their motivation and barriers in further education were also subjects of this research. Detecting elderly population’s awareness of universities of the third age and finding out their further education preferences were an integral part of the research. Research sample consisted of citizens over 55 years living in the South Moravian region. The survey results are structured by socio-demographic features e.g.: age, sex, educational attainment etc. and provide an interesting insight into the attitudes of the target group to one of the activities that contributes to improvement of their quality of life.

scholarly journals Comparisons among rainbow trout, Oncorhynchus mykiss, populations of maternal transcript profile associated with egg viability

BMC Genomics ◽  
2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Gregory M. Weber ◽  
Jill Birkett ◽  
Kyle Martin ◽  
Doug Dixon ◽  
Guangtu Gao ◽  
...  
Keyword(s):  
Rainbow Trout ◽  
Egg Quality ◽  
Transcript Abundance ◽  
Differentially Expressed ◽  
Rainbow Trout Oncorhynchus Mykiss ◽  
Analysis Group ◽  
Maternal Transcripts ◽  
Single Batch ◽  
Insight Into

Abstract Background Transcription is arrested in the late stage oocyte and therefore the maternal transcriptome stored in the oocyte provides nearly all the mRNA required for oocyte maturation, fertilization, and early cleavage of the embryo. The transcriptome of the unfertilized egg, therefore, has potential to provide markers for predictors of egg quality and diagnosing problems with embryo production encountered by fish hatcheries. Although levels of specific transcripts have been shown to associate with measures of egg quality, these differentially expressed genes (DEGs) have not been consistent among studies. The present study compares differences in select transcripts among unfertilized rainbow trout eggs of different quality based on eyeing rate, among 2 year classes of the same line (A1, A2) and a population from a different hatchery (B). The study compared 65 transcripts previously reported to be differentially expressed with egg quality in rainbow trout. Results There were 32 transcripts identified as DEGs among the three groups by regression analysis. Group A1 had the most DEGs, 26; A2 had 15, 14 of which were shared with A1; and B had 12, 7 of which overlapped with A1 or A2. Six transcripts were found in all three groups, dcaf11, impa2, mrpl39_like, senp7, tfip11 and uchl1. Conclusions Our results confirmed maternal transcripts found to be differentially expressed between low- and high-quality eggs in one population of rainbow trout can often be found to overlap with DEGs in other populations. The transcripts differentially expressed with egg quality remain consistent among year classes of the same line. Greater similarity in dysregulated transcripts within year classes of the same line than among lines suggests patterns of transcriptome dysregulation may provide insight into causes of decreased viability within a hatchery population. Although many DEGs were identified, for each of the genes there is considerable variability in transcript abundance among eggs of similar quality and low correlations between transcript abundance and eyeing rate, making it highly improbable to predict the quality of a single batch of eggs based on transcript abundance of just a few genes.

scholarly journals Identifying Stabilising Effects on Survey Based Life Satisfaction Using Quasi-maximum Likelihood Estimation

2021 ◽  
Author(s):  
Johannes Klement
Keyword(s):  
Life Satisfaction ◽  
Maximum Likelihood ◽  
Maximum Likelihood Estimation ◽  
Negative Binomial ◽  
Measurement Instrument ◽  
Likelihood Estimation ◽  
Satisfaction Scale ◽  
Quasi Maximum Likelihood ◽  
The Stability

AbstractTo which extent do happiness correlates contribute to the stability of life satisfaction? Which method is appropriate to provide a conclusive answer to this question? Based on life satisfaction data of the German SOEP, we show that by Negative Binomial quasi-maximum likelihood estimation statements can be made as to how far correlates of happiness contribute to the stabilisation of life satisfaction. The results show that happiness correlates which are generally associated with a positive change in life satisfaction, also stabilise life satisfaction and destabilise dissatisfaction with life. In such as they lower the probability of leaving positive states of life satisfaction and increase the probability of leaving dissatisfied states. This in particular applies to regular exercise, volunteering and living in a marriage. We further conclude that both patterns in response behaviour and the quality of the measurement instrument, the life satisfaction scale, have a significant effect on the variation and stability of reported life satisfaction.

A Study on the Mineral Depletion of the Foods Available to us as a Nation over the Period 1940 to 1991

2003 ◽  
Vol 17 (2) ◽  
pp. 85-115 ◽  
Author(s):  
David Thomas
Keyword(s):  
Mineral Content ◽  
Dietary Habits ◽  
Medical Research Council ◽  
Significant Loss ◽  
King's College ◽  
Compare And Contrast ◽  
Insight Into ◽  
Mineral Constituents ◽  
Mineral Depletion

In 1927 a study at King's College, University of London, of the chemical composition of foods was initiated by Dr McCance to assist with diabetic dietary guidance. The study evolved and was then broadened to determine all the important organic and mineral constituents of foods, it was financed by the Medical Research Council and eventually published in 1940. Over the next 51 years subsequent editions reflected changing national dietary habits and food laws as well as advances in analytical procedures. The most recent (5th Edition) published in 1991 has comprehensively analysed 14 different categories of foods and beverages. In order to provide some insight into any variation in the quality of the foods available to us as a nation between 1940 and 1991 it was possible to compare and contrast the mineral content of 27 varieties of vegetable, 17 varieties of fruit, 10 cuts of meat and some milk and cheese products. The results demonstrate that there has been a significant loss of minerals and trace elements in these foods over that period of time. It is suggested that the results of this study cannot be taken in isolation from recent dietary, environmental and disease trends. These trends are briefly mentioned and suggestions are made as to how the deterioration in the micronutrient quality of our food intake may be arrested and reversed.

Sign in / Sign up

Export Citation Format

Share Document