Search results for: sanctioning powers

Authors: Pedro Paulino

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The majority of the world’s population is already living in urban areas and the urban population is expected to keep increasing in the next decades. This exponential increase in urban population carries with it obvious mobility problems. Not only a new paradigm in the transport sector is needed in order to address these problems; effective regulatory policies to ensure the quality of services, passenger rights, competition between operators and consistency of the entire mobile ecosystem are needed as well. The purpose of this paper is to present the problems the world faces in this sector and contribute to their solution. Indeed, our study concludes that only through the active supervision of the markets and the activity of monitoring the various operators will it be possible to develop a sustainable and efficient transport system which meets the needs of a changing world.

Keywords: mobility, regulation policies, sanctioning powers, sustainable transport

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Authors: Linda Muswaka

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The Constitution of the Republic of South Africa, 1996 ranks the Constitution as the Supreme law of the Republic. Law or conduct, inconsistent with the provisions of the Constitution is invalid to the extent of the inconsistency. The Constitution binds all persons and legislative, executive and judicial organs of the State at all levels of government. The Constitution embodies a Bill of Rights and expressly allows for judicial review. The introduction of a chapter of rights requires the judiciary to examine the decisions of the legislature and the executive. In a situation where these conflicts with the Bill of Rights, the judiciary have the constitutional power to overrule such decisions. In exercising its adjudicatory and interpretative powers, the judiciary sometimes arrives at unpopular decisions and accusations of judicial overreach are made. A problem, therefore, emerges on the issue of the separation of powers and judicial review. This paper proposes to, through the South African perspective, investigate the application of the doctrine of separation of powers and judicial review. In this regard, the qualitative method of research will be employed. The reason is that it is best suited to this type of study which entails a critical analysis of legal issues. The following findings are made: (i) a complete separation of powers is not possible. This is because some overlapping of the functions of the three branches of state are unavoidable; (ii) the powers vested in the judiciary does not make it more powerful than the executive and the legislature; (iii) interference by the judiciary in matters concerning other branches is not automatically, judicial overreach; and (iv) if both the executive and legislative organs of government adhere to their constitutional obligations there would be a decrease in the need for judicial interference through court adjudication. The researcher concludes by submitting that the judiciary should not derogate from their constitutionally mandated function of judicial review. The rationale being that that if the values contained in the Constitution are not scrupulously observed and their precepts not carried out conscientiously, the result will be a constitutional crisis of great magnitude.

Keywords: constitution, judicial review, judicial overreach, separation of powers

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Authors: Chukwuemeka Castro Nwabuzor

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The 2015 Administration of Criminal Justice Act in Nigeria clearly sets out conditions for bail for felonies, lesser offenses and capital offenses. Even where the conditions for bail are met, granting an application for bail is not automatic as it is subject to the discretion of the court. Where the court, however, grants bail to an accused, the detaining authority which usually is the executive arm of government is bound to comply with the order of the court. This paper discusses the constitutionality of the continued detention of criminal suspects in disobedience to an order of the court and in the absence of an appeal. Particularly, the paper looks at the rights to personal liberty, the dignity of the human person and also the presumption of innocence which remains one of the crucial pillars of our criminal jurisprudence. The paper analyses the reasons posed by the executive for the continued detention of a suspect including State security and security of the suspect and questions whether the reasons are reasonable justifiable in a constitutional democratic society and whether they breach the principles of separation of powers. The paper concludes that the continued detention criminal of suspects in disobedience to court orders constitutes contempt of court and dishonours the principles of separation of powers enshrined in the Nigerian Constitution. This paper makes a strong case for the donation of more enforceable powers to the judiciary particularly with regards to the granting of compensation orders against the executive and ensuring compliance by the executive to bail orders.

Keywords: breach of fundamental rights, contempt of court, discretion of court, right to bail, separation of powers

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Authors: Aidana Arynbek

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This paper attempts to offer an alternative to the explanation of the politics of great powers in Caspian politics. Since many researchers have analysed the politics of great powers in the region with the focus on materialism, this paper attempts to bring a sociological inquiry into analysing inter-state behaviour. The constructivist concept of Alexander Wendt will be applied to analyse Russia’s relation with The United States, China and Iran; the main argument is emphasis on the power of ideational forces over material ones. Moreover, the innovative contribution of Wendt regarding the understanding of anarchy to the study of International Relations (IR) will be applied; in his words, ‘anarchy is what states make of it’. A neo-realist perspective implies that with the structure of international politics, Russia treats all great powers as rivals through engagement in power politics; however, Wendt’s approach is able to explain the reason behind the state’s behaviour towards power politics, and this is about not only international structure, but also identity. The understanding of identity answers the question of how Russia came about to follow different actions in relation to Iran and China in contrast to The United States. This paper will be divided into five chapters. The first chapter will explain the constructivism of Alexander Wendt; the second chapter will give a brief background to The Caspian Sea Region (CSR); the third chapter will explain the formation of Russia’s identity towards The United States, and this will be applied to analyse Russia’s relation to The U.S in The CSR. Similarly with China, the fourth chapter will explain Russia’s identity and its relations in The CSR, and finally, the fifth chapter will show Russia’s identity towards Iran and its relation to Iran in The CSR. It will be concluded that the analysis of the politics between great powers in seeking to access one of the richest regions, The Caspian Basin, will show that international politics is not fixed, but constructed by human action and cognition. Reality in the politics of great powers in The Caspian Sea Region is socially constructed. This paper is not interested in how things are, but how they became what they are. That is to say, how Russia’s foreign policies towards great powers became what they are.

Keywords: Alexander Wendt, Caspian sea, identity, Russia, socially constructed

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Authors: Muhammad Harya Ramdhoni, Nidzam Sulaiman, Muhammad Ridwan

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The Helsinki Agreement between the Indonesian Government (RI) and the Aceh Liberation Movement (GAM) on 15th Aug. 2005 fails to reconcile social and political turmoil in Aceh Darussalam (NAD). The political powers that were once unified in their struggle against Indonesian Government prior to this agreement have now become divided due to differences in political and economic interests. Using descriptive analysis and intellectual discourse, this paper proposes that the Aceh Sultanate be revived as an attempt to unite these divided political powers and to curtail potential conflicts in the area. This proposal is based on three assumptions. First, the Aceh Sultanate is the only Sultanate in Sumatera that did not fall victim to the social revolution post 1945 proclamation of independence. Second, the Acehnese still acknowledge the Sultanate as a sovereign political power even though it was defeated by the Dutch in 1904. Third, there are emotional, historical and cultural ties between the Acehnese and the Sultanate as they still perceived them to be their patron. Consequently, the Sultanate is the unifying element of all political powers in the area. This, however, is not an attempt to reinstate feudalism in Aceh. It only seeks to facilitate the political reconciliation process in Aceh Darussalam founded on sociological and historical background of locals.

Keywords: Sultanate Aceh, political reconciliation, political power, patron-client

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Authors: Nikolaos Souvlakis

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One of the prominent phenomena that have survived even in the 21st century, when science is gaining more and more space in the scientific world, is the evil eye within non-Westernized societies and more specifically in Greek culture. The presentation is based on the Christian Orthodox beliefs and folklore about the evil eye. Evil eye occupies an important role in individuals' everyday life and it is fuelled by Satanic powers. Satanic powers and the belief on them have an immense effect on individual's well-being and mental health causing spiritual suffering. The present paper examines the psychological manifestations of the belief of evil eye in individuals' mental health and the ways to protect from it according to the Greek Orthodox tradition.

Keywords: spirituality, belief, evil eye, mental health, well-being, healing

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Authors: Nura Suleiman

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The foreign policy of any country or nation is intended to promote and protect the country’s national interest. To achieve this interest, a country has to be guided by certain principles and influence of domestic and international conditions. The history of Nigerian foreign policy is directed to defend its sovereignty, independence, and territorial integrity, to promote and sustain the economic well-being of Nigerians, and promotion of Africa and world peace with justice. With the change of time and leadership, coupled with corruption, despite all the foreign policy determinants endowed with Nigeria as a country, sacrificed its foreign interest for the benefit of the western powers, by this it lost the opportunity to formulate policies according to its own need and desires.

Keywords: foreign policy, Nigeria, Western power

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Authors: Mirele Plenishti

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Revisionist powers are sometimes associated to revolutionary and status quo powers, this because along the line representing the level of satisfaction–dissatisfaction with the system, revisionist powers are located in between status quo and revolutionary powers. In particular, the case of revisionist powers seeking for social status adjustments (while having status quo intentions) can, in the first option, be refuted due to the disbelief that dissatisfaction could coexist with status quo intentions – this entailing the possibility to trigger a spiral effect by over-counter-reacting. In the second option, revisionist powers can be underestimated as a real threat, this entailing a potential inadequate reaction. The necessity to well manage international change entails the need to understand better how revisionist powers seek for changes in status, within the system. The complexity of this case is heightened by the propensity of both IR scholars and practitioners to infer states' aims and intentions – towards the system – by looking at their behaviours. This has resulted in the tendency to consider cooperative international behaviours as symptomatic of status quo intentions, and vice versa: status quo intentions as manifested through positive/cooperative behaviours. Similarly, assertive/competitive international behaviours are considered as symptomatic (and vice versa, as manifestations) of revolutionary intentions. Therefore, within complex and composite foreign policies, scholars who disbelieve the existence of revisionist powers with status quo intentions, tend to highlight the negative/competitive elements; while more optimist scholars tend to focus on conforming/cooperative behaviours. Both perspectives, while understanding relevant components of the complex international interaction, still miss a composite overview. In order to closely investigate the strategies adopted by (status quo aiming) revisionist states, and by drawing on sociological studies on peer relations, focused on children's behaviour, one could expect that the compresence of both positive (compliant/cooperative) and negative (competitive/assertive) behaviours, is deliberate, and functional to seeking social status adjustments. Indeed, at the end of 90s, peer relation studies focused on children's behaviour, discerned between the concept of social acceptance (that refers to the degree of social preference assigned to the child– how much is s/he liked) and popularity (which refers to the social status assigned to the child within the group). By building on this distinction, it was possible to identify a link relating social acceptance to prosocial (compliant/cooperative) behaviours and strategies, and popularity to both prosocial and antisocial (aggressive/assertive) behaviours and strategies. Since then, antisocial behaviours ceased to be considered as a proof of social maladjustment and were finally identified as socially recognized strategies adopted in function of the achievement of popularity. Drawing on these results, one can hypothesize that also international status seekers perform both positive (conforming/compliant/cooperative) and negative (assertive/aggressive/competitive) behaviours. Therefore, the link between aims and behaviours loses its strength, since cooperative and competitive behaviours are both means for status seeking strategies that aim at status quo intentions. By carrying out a historical investigation of Italy's foreign policy during fascism, the intent is to closely look at this compresence of behaviours, in order to better qualify its components and their relations.

Keywords: compresence of cooperative and competitive behaviours and strategies, revisionist powers, status quo intentions, status seeking

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Authors: Olanrewaju O. Adeojo

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The constitutional system of government provides for the federating units of the Federal Republic of Nigeria, the States and the Local Councils under a governing structure of the Executive, the Legislature and the Judiciary with attendant distinct powers and spheres of influence. The legislative powers of the Federal Republic of Nigeria and of a State are vested in the National Assembly and House of Assembly of the State respectively. The Local council exercises legislative powers in clearly defined matters as provided by the Constitution. Though, the executive as constituted by the President and the Governor are charged with the powers of execution and administration, the legislature is empowered to ensure that such powers are duly exercised in accordance with the provisions of the Constitution. The vast areas do not make oversight functions indefinite and more importantly the purpose for the exercise of the powers are circumscribed. It include, among others, any matter with respect to which it has power to make laws. Indeed, the law provides for the competence of the legislature to procure evidence, examine all persons as witnesses, to summon any person to give evidence and to issue a warrant to compel attendance in matters relevant to the subject matter of its investigation. The exercise of functions envisaged by the Constitution seem to an extent to be literal because it lacks power of enforcing the outcome. Furthermore, the docility of the legislature is apparent in a situation where the agency or authority being called in to question is part of the branch of government to enforce sanctions. The process allows for cover up and obstruction of justice. The oversight functions are not functional in a situation where the executive is overbearing. The friction, that ensues, between the Legislature and the Executive in an attempt by the former to project the spirit of a constitutional mandate calls for concern. It is needless to state a power that can easily be frustrated. To an extent, the arm of government with coercive authority seems to have over shadowy effect over the laid down functions of the legislature. Recourse to adjudication by the Judiciary had not proved to be of any serious utility especially in a clime where the wheels of justice grinds slowly, as in Nigeria, due to the nature of the legal system. Consequently, the law and the Constitution, drawing lessons from other jurisdiction, need to insulate the legislative oversight from the vagaries of the executive. A strong and virile Constitutional Court that determines, within specific time line, issues pertaining to the oversight functions of the legislative power, is apposite.

Keywords: constitution, legislative, oversight, power

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Authors: Samuel Pimpong

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In most liberal and constitutional democracies, the media serves as a dominant power in the construction of the fundamental building blocks for the consolidation of democratic governance. However, the extent to which the media can enhance democratic consolidation in a country depends to a large extent on the independence of the media, the robustness of legislative frameworks and the safety of journalists in discharging their duties without fear or favor. This study sought to examine pertinent issues, practices and challenges facing the media in Ghana’s Fourth Republic and attempts to make recommendations regarding the way forward. The work adopted a qualitative study approach. A total of sixteen (16) participants were purposively selected for face-to-face interviews. The study hinges on the democratic participant media theory and the development media theory. Primary data was analyzed via thematic analysis procedure. The study revealed that although Ghana has repealed its criminal libel laws, nonetheless other statutory Acts, such as the Electronic Communications Act 2008 (ACT 775) and the Criminal and other offences Act 1960 (Act 29), among others continue to stifle freedom of expression. On the other hand, press freedom is being abused by the use of fake content publication. Further, the study revealed that the absence of a comprehensive regulatory structure impedes the activities carried out by the media. Consequently, the study recommends a regulatory structure to oversee media activities and content, as the National Media Commission (NMC) lacks the authority to do so. In this direction, the study recommends a limitation on the role of the National Communications Authority (NCA) to administer broadcasting signals and transfer its licensing and sanctioning powers to the NMC in order to create one sole and completely independent media regulatory authority that deals with all media related issues.

Keywords: media, constitutional democracy, democratic consolidation, fourth republic

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Authors: Khrukulu Khusoh

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The strategies and tactics used by governments throughout the world to counter terrorism and insurgency over the past few decades include the declaration of states of siege or martial law, enactment of anti-terrorist legislation and strengthening of judicial powers. Some of these measures taken have been more successful than the other, but some have proved counterproductive, alienating the public from the authorities and further polarizing an already fractured political environment. Such cases of alienation and polarization can be seen in the northeastern states of India. The Armed Forces (Special Powers) Act which was introduced to curb insurgency in the remote jungles of the far-flung areas has remained a telling tale of agony in the north east India. Grievous trauma to humans through encounter killings, custodial deaths, unwarranted torture, exploitation of women and children in several ways have been reported in Nagaland, Manipur and other northeastern states where the Indian army has been exercising powers under the Armed Forces (Special Powers) Act. While terrorism and the insurgency are destructive of human rights, counter-terrorism does not necessarily restore and safeguard human rights. This special law has not proven effective particularly in dealing with terrorism and insurgency. The insurgency has persisted in the state of Nagaland even after sixty years notwithstanding the presence of a good number of special laws. There is a need to fight elements that threaten the security of a nation, but the methods chosen should be measured, otherwise the fight is lost. There has been no review on the effectiveness or failure of the act to realize its intended purpose. Nor was there any attempt on the part of the state to critically look at the violation of rights of innocent citizens by the state agencies. The Indian state keeps enacting laws, but none of these could be effectively applied as there was the absence of clarity of purpose. Therefore, every new law which has been enacted time and again to deal with security threats failed to bring any solution for the last six decades. The Indian state resorts to measures which are actually not giving anything in terms of strategic benefits but are short-term victories that might result in long-term tragedies. Therefore, right thinking citizens and human rights activists across the country feel that introduction of Armed Forces (Special Powers) Act was as much violation of human rights and its continuation is undesirable. What worried everyone is the arbitrary use, or rather misuse of power by the Indian armed forces particularly against the weaker sections of the society, including women. After having being subjected to indiscriminate abuse of that law, people of the north-east India have been demanding its revocation for a long time. The present paper attempts to critically examine the violation of human rights under Armed Forces (Special Powers) Act. It also attempts to bring out the impact of Armed Forces (Special Powers) Act on the Naga people.

Keywords: armed forces, insurgency, special laws, violence

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Authors: Cangul Altundas Akcay

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With the beginning of the mass movement called as the Arab Uprising, Middle Eastern politics has demonstrated an influential shift which has been threatening the existence of the ruling regimes. In this environment, in particular, regional powers have desired to control regional politics, and to expand their regional influence. Bearing that in mind, Turkey and Iran, two significant regional powers, have engaged in competition so as to affect the shifted regional geopolitics. In this context, this paper aims to investigate how regional powers, especially non-Arab ones, have viewed each other in the Arab Uprising, whereby focusing on Turkish perspectives towards Iran. In other words, it will shed light on how Turkey has conducted foreign policy towards Iran during the Arab Uprising. To analyse this, Turkey’s ideological and identity politics towards Iran will be examined as one of its foreign policy approaches. The question is thus that how ideological and identity politics have determined Turkish foreign policy towards Iran in the Arab Uprising. To answer that, the Syrian civil war will be analysed as the case study in this qualitative study, hypothesising that Turkey, which has both Turkish identity and Sunni sect, has competed with Iran, which has both Farsi identity and Shia sect, over the Syrian civil war.

Keywords: Arab uprising, ideological and identity politics, Iran, Turkey, Syrian civil war

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Authors: Onyinyechi Lilian Uche

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Limiting arbitrariness and political power in governance is expressed in the concept of constitutionalism. Constitutionalism acknowledges the necessity for government but insists upon a limitation being placed upon its powers. It is therefore clear that the essence of constitutionalism is obviation of arbitrariness in governance and maximisation of liberty with adequate and expedient restraint on government. The doctrine of separation of powers accompanied by a system of checks and balances in Nigeria like many other African countries is marked by elements of ‘personal government’ and this has raised questions about whether the apparent separation of powers provided for in the Nigerian Constitution is not just a euphemism for the hegemony of the executive over the other two arms of government; the legislature and the judiciary. Another question raised in the article is whether the doctrine is merely an abstract philosophical inheritance that lacks both content and relevance to the realities of the country and region today? The current happenings in Nigeria and most African countries such as the flagrant disregard of court orders by the Executive, indicate clearly that the concept constitutionalism ordinarily goes beyond mere form and strikes at the substance of a constitution. It, therefore, involves a consideration of whether there are provisions in the constitution which limit arbitrariness in the exercise of political powers by providing checks and balances upon such exercise. These questions underscore the need for Africa to craft its own understanding of the separation of powers between the arms of government in furtherance of good governance as it has been seen that it is possible to have a constitution in place which may just be a mere statement of unenforceable ‘rights’ or may be bereft of provisions guaranteeing liberty or adequate and necessary restraint on exercise of government. This paper seeks to expatiate on the importance of the nexus between constitutionalism and democratic process and a juxtaposition of practices between Nigeria and South Africa. The article notes that an abstract analysis of constitutionalism without recourse to the democratic process is meaningless and also analyses the structure of government of some selected African countries. These are examined the extent to which the doctrine operates within the arms of government and concludes that it should not just be regarded as a general constitutional principle but made rigid or perhaps effective and binding through law and institutional reforms.

Keywords: checks and balances, constitutionalism, democratic process, separation of power

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Authors: Srisuporn Piyaratanawong, Suchai Assawapantanakul

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This study aims to reflect changes in beliefs and rituals among the Urak Lawoi sea gypsies on the Bulon archipelago of Satun Province that are related to changes of society according to each dimension of time. The historical study was conducted using an oral history approach. The study found that the traditional way of life as itinerants who moved seasonally resulted in their dependence on nature and beliefs in supernatural power, and mysterious powers and superstitions in the belief of ghosts, ancestors, guardian spirits, large banyan trees, life and living, treatment of diseases, king of nagas, and other beliefs. They displayed their respect to supernatural powers through rituals by worshiping, making offerings to spirits and performing Rongeng dance for spirits in return for fulfilling their vows. After World War II (1945), the Urak Lawoi sea gypsies on Bulon archipelago changed their itinerant way of life to permanent settlements. However, their beliefs in supernatural powers and ritual performances remained in existence. Until 1987, when tourism began to spread to the archipelago, some of them gradually turned to make a living with tourism. Moreover, during the last 20 years (from around 1994), Islam has spread among the people. With this social context, the traditional beliefs in supernatural powers have changed to beliefs according to the religion and the way of life that has changed. Thus, when the traditional beliefs and rituals can no longer fulfil the new way of life, they slowly disappear, such as the floating the boat ceremony that has been replaced with new beliefs and rituals according to Islam. Nevertheless, some beliefs and rituals still exist, such as beliefs about treatment of diseases and Rongeng dance for spirits in return for vow fulfilling. In conclusion, the traditional beliefs and rituals of the Urak Lawoi sea gypsies on the Bulon archipelago cannot fulfil the new way of life, and have, thus, brought about changes in beliefs and rituals that are congruent with the current society.

Keywords: belief, ritual, Urak Lawoi, sea gypsy, Bulon Archipelago

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Authors: Elvin Lim

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This article integrates the debate about presidential powers with the debate about federalism, arguing that there are two ways of exercising presidential powers, one working in tandem with expanding federal powers, and the other working against it. Alexander Hamilton and Thomas Jefferson—the former a Federalist and the latter echoing the views of many Anti-Federalists—disagreed not only on the constitutional basis of prerogative, but also on the ends for which it should be deployed. This tension has always existed in American politics, and is reproduced today. Modern Democrats and Republicans both want a strong executive, but the Democrats who want a strong executive to pass legislation to expand the reach of the federal government; naturally, they must rely on an equally empowered Congress to do so. Republicans generally do not want an intrusive federal government, which is why their defense of a strong presidency does not come alongside a call for a strong Congress. This distinction cannot be explained without recourse to foundational yet opposing views about the appropriate role of federal power. When we bring federalism back in, we see that there are indeed two presidencies; one neo-Federalist, in favor of moderate presidential prerogative alongside a robust Congress directed collectively to a national state-building agenda and expanding the federal prerogative; another, neo-Anti-Federalist, in favor of expansive presidential prerogative and an ideologically sympathetic Congress equally suspicious of federal power to retard or roll back national state-building in favour of states rights.

Keywords: US presidency, federalism, prerogative, anti-federalism

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Authors: Ahmed M. Mansour, Ali M. El-Sawy, Ahmed T. Sayed

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Logarithms reduce products to sums and powers to products; they play an important role in signal processing, communication and information theory. They are primarily used for hardware calculations, handling multiplications, divisions, powers, and roots effectively. There are three commonly used bases for logarithms; the logarithm with base-10 is called the common logarithm, the natural logarithm with base-e and the binary logarithm with base-2. This paper demonstrates different methods of calculation for log2 showing the complexity of each and finds out the most accurate and efficient besides giving in- sights to their hardware design. We present a new method called Floor Shift for fast calculation of log2, and then we combine this algorithm with Taylor series to improve the accuracy of the output, we illustrate that by using two examples. We finally compare the algorithms and conclude with our remarks.

Keywords: logarithms, log2, floor, iterative, CORDIC, Taylor series

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Authors: Fernando Maass, Pablo Martin, Jorge Olivares

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The Bessel function J₀(x) is very important in Electrodynamics and Physics, as well as its zeros. In this work, a method to obtain high accuracy approximation is presented through an application to that function. In most of the applications of this function, the values of the zeros are very important. In this work, analytic approximations for this function have been obtained valid for all positive values of the variable x, which have high accuracy for the function as well as for the zeros. The approximation is determined by the simultaneous used of the power series and asymptotic expansion. The structure of the approximation is a combination of two rational functions with elementary functions as trigonometric and fractional powers. Here us in Pade method, rational functions are used, but now there combined with elementary functions us fractional powers hyperbolic or trigonometric functions, and others. The reason of this is that now power series of the exact function are used, but together with the asymptotic expansion, which usually includes fractional powers trigonometric functions and other type of elementary functions. The approximation must be a bridge between both expansions, and this can not be accomplished using only with rational functions. In the simplest approximation using 4 parameters the maximum absolute error is less than 0.006 at x ∼ 4.9. In this case also the maximum relative error for the zeros is less than 0.003 which is for the second zero, but that value decreases rapidly for the other zeros. The same kind of behaviour happens for the relative error of the maximum and minimum of the functions. Approximations with higher accuracy and more parameters will be also shown. All the approximations are valid for any positive value of x, and they can be calculated easily.

Keywords: analytic approximations, asymptotic approximations, Bessel functions, quasirational approximations

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Authors: Ana Neves

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The European Union’s multi-level constitutionalism is grounded in an intricate network of vertical and horizontal legal relationships among different levels and types of public authorities. In a very significant way since the 2008 crisis, evolving institutional arrangements and institutional dynamics in the European Union have been progressively impacting Member States and the terms under which national public authorities are organised, interact and exercise their powers. This impact occurs in both macro and micro dimensions. Several examples are relevant here, such as the involvement of national Parliaments in the activities of the European Union, the enhanced integration of public administrations, the side effects of the Council framework decision on the European Arrest Warrant, the European Union Justice Scoreboard, the protection of whistle-blowers regulation, the enhanced cooperation on the establishment of the European Public Prosecutor’s Office, the regime for the protection of the Union budget and the European Rule of Law Mechanism. A common trend or denominator underlies the deepening of institutional interdependence and the increased interactions between the European Union, Member States, and public authorities at different levels. This seems to be conditionality as a general principle. The European multi-level constitutionalism must be considered in the light of this conditionality principle, which does not “imply a relationship of command and obedience”. Nevertheless, it might be more effective or be a very compelling principle. It is as if the extension of the shared rule is being accompanied by a contrapuntal dialogue. The different public authorities at various levels are being called to rethink and readjust themselves within a broader and more plural framework concerning understanding the limitation of power.

Keywords: european union -, multi-level hierarchy, conditionality, separation of powers

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Authors: S. Ghoudelbourk, A. Omeiri, D. Dib, H. Cheghib

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This paper shows that we can improve the performance of the auto-adjustable electric machines if a fractional dynamic is considered in the algorithm of the controlling order. This structure is particularly interested in the separate control of active and reactive power of the double-fed induction generator (DFIG) of wind power conversion chain. Fractional regulators are used in the regulation of chain of powers. Knowing that, usually, the source of DFIG is provided by converters through controlled rectifiers, all this system makes the currents of lines strongly polluted that can have a harmful effect for the connected loads and sensitive equipment nearby. The solution to overcome these problems is to replace the power of the rotor DFIG by multilevel inverters supplied by PV which improve the THD. The structure of the adopted adjustment is tested using Matlab/Simulink and the results are presented and analyzed for a variable wind.

Keywords: DFIG, fractional regulator, multilevel inverters, PV

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Authors: Ahmet Ekinci

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The new government system of Turkey can be described as hyper-presidentialism, this is because the president then becomes the arbiter of all powers. In another word, the power to enact decrees, appoint bureaucrats and judicial officials into offices, and the power to dissolve a parliament belongs solely to the president. As a strong presidency fuse with a disciplined party system as well as concurrent elections and 10 percent electoral threshold, the president possibly poses a great danger to the separation of powers. Additionally, with regards to the presidential term, the president constitutionally holds the power to be elected only for two terms in Turkey. However, Erdoğan and his supporters believe that the 2017 constitutional amendments that changed the system of government have reset the agenda. Thus, the 2017 amendments offered Erdoğan a secret opportunity to join the presidential election race for a third and even a fourth term.

Keywords: hyper-presidentialism, Turkish presidentialism, presidential decree, concurrent election, Erdogan’s term limit, Turkish government system

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Authors: Ahmed M. Alavi

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India is the motherland of countless beliefs and religious traditions. Hinduism is one of the oldest traditions of India and owns the treasure of numerous organic and inorganic gods. Hinduism was unfamiliar of the manifestation of divine powers in its early accounts. The conceptualization of the divine powers is still debatable query among the experts of the area. This study examines the unseen memoirs of the Hindu god concept and answers the dubious question ‘how Hindu gods subjected to manifestation? Comparing the attitude of the Hindu and Asiatic tantric traditions; these study hypotheses the clear role of tantric Bhakti movements which originated in 3rd to 5th century BC in south India as the key of the conceptualization. The study concludes exploring the vital role of Bhakti movement in rifting the Indian Hindu community to three major fans of manifested gods; the Shaivism, Vishnavism and Saktism and spreading the new trend all over the sub-continent.

Keywords: Bhakti movement, concept of manifestation of divine object, Hindu god concept, Tantrism

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Authors: Andhika Danesjvara, Nur Widyastanti

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The constitution regulates the forms, types, and powers of sState organs in a government. The powers of the organs are then regulated in more detail in the legislation. One of these organs is a government organ, headed by a president or by another name that serves as the main organizer of government. The laws and regulations will govern how the organs of government shall exercise their authority and functions. In a modern state, the function of enacting laws or called executive power does not exercise the functions of government alone, but there are other organs that help the government run the country. These organs are often called government agencies, government accelerating bodies, independent regulatory bodies, commissions, councils or other similar names. The legislation also limits the power of officials within the organs to keep from abusing its authority. The main question in this paper is whether organs are the implementation of a democratic country, or as a form of compromise with the power of stakeholders. It becomes important to see how the administrative organs perform their functions. The administrative organs that are bound by government procedures work in the public service; therefore the next question is how far the function of public service is appropriate and not contradictory to the constitution.

Keywords: administrative organs, constitution, democracy, government

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Authors: Sunday Ofum Ogon

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The 1648 Westphalia Conference in Europe ushered in the state as the only legal entity with powers to engage in interstate relations on matters that bothers on the development need of her citizens. This epochal entry of the state reshaped global relations with the curtailment of the powers of individual and groups in external relations as the state became the only entity that acted on behalf of any individual or non-state actors like NGOs residing within the parameters of such a country. Thus, the paper interrogated the extent at which the state determines her Politico-Economic relations with regards to development and growth within the state. To achieve these objectives, the paper relied on documentary evidences wherein the qualitative descriptive method was used for data collection and analysis. The paper exploited the facilities of the Rentier State theory as a guide to the study. It was revealed at the end of the study that the 21st century global economic relations is largely determine by international organizations as exemplified by the World Bank and the International Monitory Fund (IMF) where their activities in the continent has undermined state sovereignty. Hence the paper recommended amongst others that states should look inward for development strategies rather than relying on handout from supra-national organizations which has infringe on their sovereignty.

Keywords: State , Global , Rentier state, Twenty-First Century

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Authors: Mahdi Motahari, Mojtaba Farzaneh, Armin Parsian Nejad

Abstract:

The rapidly growing wind industry is highly expressing the need for education and training worldwide, particularly on the system level. Modelling and simulating wind generator system using Matlab-Simulink provides expert help in understanding wind systems engineering and system design. Working under Matlab-Simulink we present the integration of the developed WECS model with public electrical grid. A test of the calculated power and Cp related to the experimental equivalent data, using statistical analysis is performed. The statistical indicators of accuracy show better results of the presented method with RMSE: 21%, 22%, MBE : 0.77%, 0.12 % and MAE :3%, 4%.On the other hand we study its behavior when integrated in whole power system. Three level of wind speeds have been chosen: low with 5m/s as the mean value, medium with 8m/s as the mean value and high speed with 12m/s as the mean value. These allowed predicting and supervising the active power produced by the system, characterized respectively by the middle powers of -150 kW, -250kW and -480 kW which will be injected directly into the public electrical grid and the reactive power, characterized respectively by the middle powers of 60 kW, 180 kW and 320 kW and will be consumed by the wind generator.

Keywords: modelling, simulation, wind generator, fixed speed wind turbine, Matlab-Simulink

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Authors: Watcharachan Sukcharoenvipharat, Prathuang Usaborisut, Sirisak Choedkiatphon

Abstract:

Farmers try to reduce steps of soil preparation by using subsoiler and then following by equipment for soil pulverization such as a rotary tiller and a power harrow which take advantage of using a power take-off of a tractor. Therefore, this study was conducted to compare the tilling performances of a rotary tiller and a power harrow applying after subsoiling. The results showed that both the rotary tiller and the power harrow had negative slip, indicating that they generated force to push a tractor. The rotary tiller created negative vertical force to lift up the tractor whereas opposite result was found when using the power harrow. Since working depths were different, vertical forces, torques and PTO powers for two equipment types were significantly different. However, no significant differences were found for the forward speeds, slips, drawbar pulls and drawbar powers. Comparative analysis showed that two equipment types had significant difference in PTO power to working depth, drawbar power to working depth, PTO power to working area, drawbar power to working area and soil pulverization.

Keywords: Rotary Tiller, Power Harrow, Drawbar Pull, Drawbar Power, PTO Power

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Authors: H. Rezzouk, M. Hatti, H. Rahmani, S. Atoui

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This paper discusses the design and analysis of a hybrid PV-Fuel cell energy system destined to power a DC load. The system is composed of a photovoltaic array, a fuel cell, an electrolyzer and a hydrogen tank. HOMER software is used in this study to calculate the optimum capacities of the power system components that their combination allows an efficient use of solar resource to cover the hourly load needs. The optimal system sizing allows establishing the right balance between the daily electrical energy produced by the power system and the daily electrical energy consumed by the DC load using a 28 KW PV array, a 7.5 KW fuel cell, a 40KW electrolyzer and a 270 Kg hydrogen tank. The variation of powers involved into the DC bus of the hybrid PV-fuel cell system has been computed and analyzed for each hour over one year: the output powers of the PV array and the fuel cell, the input power of the elctrolyzer system and the DC primary load. Equally, the annual variation of stored hydrogen produced by the electrolyzer has been assessed. The PV array contributes in the power system with 82% whereas the fuel cell produces 18%. 38% of the total energy consumption belongs to the DC primary load while the rest goes to the electrolyzer.

Keywords: electrolyzer, hydrogen, hydrogen fueled cell, photovoltaic

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Authors: Naresh Kumar Verma

Abstract:

Nuclear energy being adapted as a renewable energy source and its production by developing countries has turned into a major strategic concern and politics by the developed world. The West seem to be the sole proprietor of such energy source and any country opting for such energy production either face significant hurdles or geopolitical challenges in developing such energy source. History of West Asia is full of interference by external powers which has been integral in the incessant conflict in the region. Whether it was the creation of Israel, the Gulf war of 1991, or the invasion of Iraq in 2003, and more recently the Iranian nuclear conundrum, the soil of West Asia has always been a witness to the play of extra regional powers game. Iran, being a theocratic state has been facing such threats and challenges, regarding its intentions and its capability in such energy production. The paper will try to assess the following issues: -Politics of Renewable Energy Generation. -Geographical and strategic significance of Iran’s nuclear programme. -Challenges in the path of Iran developing nuclear energy as a RE source. -The interests of the regional and extra-regional actors in challenging Iranian Nuclear Programme.

Keywords: developing countries, geopolitics, Iran, nuclear energy, renewable energy

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Authors: Marieta Safta

Abstract:

The separation and balance of state powers constitute the basis of the rule of law. Observance of this principle requires framing of public authorities within the limits of competence established by the Constitution and the law, as well as loyal cooperation between them. From this perspective, the attribution of the constitutional courts for settling legal conflicts of a constitutional nature is an important tool for correcting the tendencies of violation of these limits, as well as for identifying solutions for situations that do not find an explicit regulation in the constitutional texts. The present study analyzes the jurisprudence of the Constitutional Court of Romania in the field of legal conflicts of a constitutional nature, revealing, together with the presentation of conflict situations, the vulnerabilities of the constitutional reference texts. It is also highlighted the role of the constitutional courts in the evolution of constitutional law institutions, even in terms of defining and redefining the regime of the forms of government. The conclusion of the study, beyond the subject of legal conflicts of a constitutional nature, bears on the necessity, even more so in this matter, of the certainty of jurisdictional interpretation. This certainty cannot be achieved as long as the interpretation is not authoritative; consequently, the assurance of the effectiveness of constitutional justice constitute a key issue of the rule of law.

Keywords: legal conflicts of constitutional nature, the Constitutional Court of Romania, the separation and balance of powers in the state, the effectiveness of constitutional justice

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Authors: Nodi Islam

Abstract:

This paper critically reads Richard Powers’ novel The Echo Maker to read and understand the personal traumas of the characters in the novel depending on the various situations they face throughout the story. Also, the paper attempts to read different traumas and disorders due to their different situations. With a focus on the individual experiences, this paper addresses the core issues of trauma, which triggers their reactions and reads the novel through theories of Freud, Caruth, and other critics in this field. While transcending the boundary of personal and collective trauma, this paper suggests that traumas not only arise from the core mental issues, from both past or present memories; it also depends on places too which can be called, according to Yi-Fu Tuan, topophobia. Intimate places such as home provoke not only attachment and expectation but also produce fear in a person. Failure in identifying with such places means losing a central piece of identity of the individual. In order to analyse the traumas in the novel, the characters’ association with homes and places has been provided. This paper attempts to suggest that people are not traumatised because of what Freud explained as unpleasant memories of the past but also intimacy and lost identities related to a place can trigger trauma.

Keywords: spatial trauma, traumatic stress disorder, identity and place, core mental issues

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Authors: Laura Southgate

Abstract:

The Association of Southeast Asian Nations (ASEAN), as well as much of the scholarship on the organisation, celebrates its ability to uphold the principle of regional autonomy, understood as upholding the norm of non-intervention by external powers in regional affairs. Yet, in practice, this has been repeatedly violated. This dichotomy between rhetoric and practice suggests an interesting avenue for further study. The East Timor crisis (1975-1999) has been selected as a case-study to test the dynamics of ASEAN state resistance to sovereignty violation in two distinct timeframes: Indonesia’s initial invasion of the territory in 1975, and the ensuing humanitarian crisis in 1999 which resulted in a UN-mandated, Australian-led peacekeeping intervention force. These time-periods demonstrate variation on the dependent variable. It is necessary to observe covariation in order to derive observations in support of a causal theory. To establish covariation, my independent variable is therefore a continuous variable characterised by variation in convergence of interest. Change of this variable should change the value of the dependent variable, thus establishing causal direction. This paper investigates the history of ASEAN’s relationship to the norm of non-intervention. It offers an alternative understanding of ASEAN’s history, written in terms of the relationship between a key ASEAN state, which I call a ‘vanguard state’, and selected external powers. This paper will consider when ASEAN resistance to sovereignty violation has succeeded, and when it has failed. It will contend that variation in outcomes associated with vanguard state resistance to sovereignty violation can be best explained by levels of interest convergence between the ASEAN vanguard state and designated external actors. Evidence will be provided to support the hypothesis that in 1999, ASEAN’s failure to resist violations to the sovereignty of Indonesia was a consequence of low interest convergence between Indonesia and the external powers. Conversely, in 1975, ASEAN’s ability to resist violations to the sovereignty of Indonesia was a consequence of high interest convergence between Indonesia and the external powers. As the vanguard state, Indonesia was able to apply pressure on the ASEAN states and obtain unanimous support for Indonesia’s East Timor policy in 1975 and 1999. However, the key factor explaining the variance in outcomes in both time periods resides in the critical role played by external actors. This view represents a serious challenge to much of the existing scholarship that emphasises ASEAN’s ability to defend regional autonomy. As these cases attempt to show, ASEAN autonomy is much more contingent than portrayed in the existing literature.

Keywords: ASEAN, east timor, intervention, sovereignty

Procedia PDF Downloads 323