Статті в журналах з теми "The French Constitution of October 4"

Countries incorporate the principle of the separation of powers, including judicial independence, into their constitutions in an effort to meet several goals, the most important of which is to minimise government-induced tyranny. Specifically, countries that make this principle part of their constitutional practice intend to limit public servants by national laws and institutions, enhance government accountability, minimise opportunistic behaviors by civil servants and politicians, provide for checks and balances, and generally improve government efficiency. Cameroon, part of which was colonised by France, has a constitution that is modeled closely on the French Constitution of 4 October 1958. As a consequence, the country has adopted France’s hybrid system of the separation of powers. Using French constitutional practice as a model, this paper examines constitutional developments in Cameroon to determine why the country’s governing process, which is based on the Constitution of the Fifth Republic, has failed to guarantee constitutional justice.

When Belgium was overrun by Germany in 1914 neither the Belgian constitutional legislator, nor the Belgian legislator had determined how the police powers of the civil authorities could be transferred to the military authorities in the case of a war. Article 130 of the Constitution determined that the Constitution and the constitutional rights and freedoms it provided could never be suspended wholly or in part. This created a problem. There were several statutes which provided merely a limited answer for some situations. When Belgian military authorities instead of civil authorities took measures which invaded upon constitutional rights, disputes arose. In order to avoid these, the Belgian King enacted the decree-law concerning the state of war and the state of siege on 11 October 1916. Many provisions of this decree-law had been taken from the French war laws of 9 August 1849 and 4 April 1878, but – contrary to these French laws – the Belgian decree-law was not based on a formal constitutional stipulation. This decree-law, which contravened the Belgian Constitution of 7 February 1831 and the fundamental rights and freedoms which were safeguarded by this Constitution in several respects, made it possible to take a number of measures during the state of war and the state of siege. As soon as these different provisions were applied, several citizens protested against them. Their protest was mainly aimed at the force of ‘law’ of the decree-law of 11 October 1916 and all of the other decree-laws. The rest of this contribution will detail when and why this protest took place, as well as how the Belgian administration of justice dealt with this protest.

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe is believed to have begun with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas

The paper discusses the grounds required for the dissolution of the parliament in the political practice of the French Fifth Republic. The Constitution of October 4, 1958 adopted a model of strengthened political power of the head of state, granting them instruments of executive influence on the functioning of other state organs. Paragraph 12 of the Constitution gives the President practically unlimited power to dissolve the National Assembly – the lower chamber of French parliament. The conditions for applying this paragraph are not stipulated in the legal regulations. It is not necessary for the President to respond to a motion of another body, or even to obtain a countersignature. These constitutional factors have led to various political practices. The author of the paper puts forward the thesis that giving freedom to the head of state as regards the application of paragraph 12 on the one hand provides the necessary foundations to exercise a power model with a considerable degree of decisiveness, but on the other may lead to a situation where the dissolution of the National Assembly no longer has a power function in its conventional sense, but serves the purpose of providing the head of state with an instrument for considerably strengthening his own political position. Since the present Constitution of the Fifth Republic has been in force, the National Assembly has been dissolved five times. The author identifies three basic grounds for applying paragraph 12: to defuse a political or social conflict (1962 and 1968), to restore a politically homogenous executive power (1981 and 1988), and to maintain a given political configuration (1997). Since the 1980s the dissolution of parliament has become a tool for the president to avoid cohabitation and, by this token, to provide a political system where the role of the leader of the executive is in the hands of the head of state. On account of the defeat of the formation supporting the president in 1997 this strategy failed to produce the expected outcome. The dissolution of the National Assembly has not taken place since. In 2000, the length of the mandate of the head of state was shortened to five years, which makes it more likely for parliamentary elections to occur directly after presidential elections. This may for a long time to come eliminate the main grounds for the dissolution of the lower chamber, which in the 1980s and 1990s stemmed from the desire to ensure a political system favorable for the head of state. This reason alone may mean that the significance of paragraph 12 in the political practice of the Fifth Republic will continue to be limited.

The only real surprise of the recent decision of the French Conseil constitutionnel [constitutional Council] concerning the compatibility between the European and the French Constitutions was the timing of it. According to Article 54 of the French Constitution, a treaty may be submitted for constitutional review at any time before ratification. In this instance, Jacques Chirac acted with unusual promptness, submitting his request on the very day the Treaty was signed, 29 October 2004. The Conseil itself reacted with equal speed, issuing its decision exactly three weeks later on 19 November 2004. Behind both courses of action lies the shadow of political concern related to the Socialist Party referendum on the European Constitution.

the gradual development of European institutions has been marked by a long succession of crises, several of which looked at the time to threaten the future of the entire structure, though in retrospect they can be seen as the mechanisms which forced reluctant governments to accept change. European integration first collapsed in 1953, with the French National Assembly’s rejection of the treaty to establish the European Defence Community. It seemed close to collapse again, also as a result of French intransigence, in the Luxembourg ‘Empty Chair’ crisis of 1965-6. At the depth of the budgetary crisis in 1981-3, American observers were writing off European integration as a failure – before Margaret Thatcher and Francois Mitterand came to a compromise in Fontainebleau in 1984. The Danes voted down the Maastricht treaty, and the French only narrowly approved it. So we should not be too rattled by the latest crisis; though we need to consider whether this crisis is more severe than its predecessors, and in what ways.

In this paper, I consider the military phase of the French Revolution as running from 1789 to 1795. The adoption of the Constitution of the Year III in October 1795 is taken to mark the end of the revolutionary era. Likewise, the military phase of the American Revolution is taken to extend from 1775 10 1781; there were no important hostilities after the surrender of Cornwallis at Yorktown.

The origin of the initial African constitutions is easy to establish. While the former British territories “received” their Westminster-type constitutions negotiated during the Lancaster House conferences, the former French territories, except Guinea, became independent under constitutions drawing heavily upon the constitution of the Fifth French Republic, of which they were virtual copies. Among the countries formerly under Belgian rule, the Congo (Zaïre) was the only one attaining independence with a constitution, theLoi fondamentaleof 1960 which was an Act of the Belgian Parliament.Therefore, initially the degree of homogeneity was fairly large; there were basically three types of constitutions and the deviation from these models was limited. Admittedly subject to adaptations all the Westminster constitutions were similar, and in fact to some extent they still are; thus in its essential features the 1980 constitution of Zimbabwe draws from the same stock as its predecessors of the early 1960s. The first constitutions of the former French territories were, likewise, very similar, inspired as they were by the French constitution of 1958. TheLoi fondamentaleof the Congo was strongly influenced by the Belgian constitution, and so was the autochthonous constitution of Burundi which was promulgated a few months after independence in 1962.Many constitutions have since succeeded these initial texts: between 1960 and 1985 there have been 43 constitutions in the 18 French-speaking countries under consideration, i.e. an average of 2·4 constitutions per country. This flow has led to a considerable diversification of constitutional types.

The article analyzes the political and legal nature of "The Draft Constitution of the Russian Empire" stored in A. I. Guchkov’s personal archive. A. I. Guchkov was the founder and leader of "The Union of October 17", a political party formed in the early twentieth century Russia. Russian historical and legal science considers these materials as a draft Constitution drawn by the representatives of the right wing of Russian liberalism. We conducted a comparative analysis of Guchkov’s Constitution and the versions of "The Union of October 17" political party programs. The Constitution proved almost identical with the texts of two versions of the party program. The draft could fill the intermediate place in a series of different versions of the party program. The party programs were successively adopted by the first and second party Congresses and the Moscow Central Committee. Therefore, it is necessary to refer the document not to the constitutional projects, but to the legal and political materials of "The Union of October 17". Thus, the right wing of the liberal forces had no independent constitutional project.

This text is a continuation of a hardened effort to think the complex modalities of the dialogue between Lacanian psychoanalysis and French phenomenology in the second half of the twentieth century. More specifically, our aim is to state the objective reasons, both theoretical and practical, that explain the violence of the French reception of De l’interpretation by Paul Ricœur, putting in perspective the respective positions of the philosopher and of the psychoanalyst Jacques Lacan at the Bonneval Symposium on the Unconscious in October 1960. Detailed analysis of the text “The Conscious and the Unconscious” – part of the corpus ricœurien often overlooked – in terms of the Lacanian teachings in the early 1960s should also help to identify two opposing theories of interpretation in order to indicate, in the end, the concrete points of divergence between the “Ricœurian” and the “Lacanian” guidelines of the psychoanalytic clinic.

The centenary of the Chanak crisis, which played significant role in the development of the Kemalist revolution and in the international transformations in the Asia Minor and the Near East, stimulates to analyse its underresearched aspects. The article aims to demonstrate the role of the “French factor” during the crisis. This “factor” is conceived as the actions of the French diplomacy, but also as their perception by the other international actors in September–October 1922. The author bases his conclusions on the evidence taken from the published French diplomatic documents and the archival materials of the French Ministry’s of the armed forces historical services. The documents taken from the National archives of the Great Britain were used in order to analyse the Anglo-French relations. The author concludes that the impact of the “French factor” during the crisis was ambivalent. At the one hand, R. Poincaré, French Prime Minister and Minister for foreign affairs, who aimed to exclude the growth of the Chanak crisis into the war and to make Paris the mediator between the British and the Kemalists, achieved some results and contributed to Ankara’s consent to the armistice negotiations. At the other hand, the desire of Poincaré to “sit on two chairs” and to develop the friendly relations with both Ankara and London was difficult to realise. By taking clearer though confrontational position, M. Kemal and British Secretary of State for foreign affairs G. Curzon gained more than Poincaré who hoped to effectuate more subtle diplomatic maneuvering.

The attitude of the intellectuals of the Turkistan region and various layer of the population towards the October coup was analyzed in this article. In this article, on the basis of the first costume of the USSR (1927 year) and the Constitution of socialism of the USSR(1936 year), the adoption and essence of the Constitution of the USSR ofUzbekistan is revealed.

A preliminary reference on the part of the Constitutional Council was, in several respects, not to be expected. It was debatable whether it would consider itself as a “court or tribunal” within the meaning of Article 267 of the Treaty on the Functioning of the European Union (TFEU) and, therefore, whether it would refer a case to the European Court of Justice (CJEU) at all. The French constitutional court could also have resorted to theacte clairdoctrine so as to escape from their obligation to ask for the interpretive guidance of the CJEU. However, the main reason why a reference was not awaited by legal actors lies in the limited jurisdiction of the Constitutional Council. Until the introduction in 2008 of the so-called QPC, that is,question prioritaire de constitutionnalité(the Priority Preliminary Reference mechanism on issues of constitutionality), theConseil constitutionnelhad a very limited jurisdiction compared to its European counterparts. Its main mission was to assess the conformity of parliamentary bills and treaties with the Constitution and only with the Constitution. Its review could only take placeex ante, between the adoption and the promulgation of a text. By opening the way to anex postreview of statutes with regard to the rights and freedoms guaranteed by the Constitution, the QPC brought about a major change in the French adjudication system: statutes are no longer immune from constitutional challenge once they are in force. However, treaties and other international or European commitments are no parameters of constitutional review. TheConseil constitutionnelmade this clear in 1975 and never seriously changed track, despite minor qualifications to the rule. In their seminalIVGruling on the Voluntary Interruption of Pregnancy Act, they held that it was not up to them to review the compatibility of bills with treaties, in spite of Article 55 of the Constitution. Consequently, the task of the constitutional judges does not go beyond the assessment of laws with regard to the Constitution. This is the main reason that explains why, on the face of it, theConseil constitutionnelwas unlikely to refer a case to the CJEU. Why would it seek the interpretation or ask for the review of a European text if this text is immaterial for it and if the yardstick of its examination is the Constitution and only the Constitution? Yet, it happened. For the first time, theConseilreferred a case to the CJEU on 4 April 2013. Although this is undoubtedly a major legal breakthrough, we will see in due course that this is probably more arévolution de palaisthan a true revolution in French constitutional law.

In an unusual step the Conseil constitutionnel published a communiqué on 10 October 2000 concerning the criminal liability of the head of state. In it, the Conseil stated that “the criminal law position of the Head of State does not confer a ‘criminal immunity’, but a privilege of jurisdiction during his tenure of office”. This statement contains the nub of the difficulty in understanding how French law treats the criminal law liability of the head of state and of ministers. Does the Constitution afford them immunity for their actions performed during their tenure of office, or does it merely make provision for a different court to try the offences?

In an unusual step the Conseil constitutionnel published a communiqué on 10 October 2000 concerning the criminal liability of the head of state. In it, the Conseil stated that “the criminal law position of the Head of State does not confer a ‘criminal immunity’, but a privilege of jurisdiction during his tenure of office”. This statement contains the nub of the difficulty in understanding how French law treats the criminal law liability of the head of state and of ministers. Does the Constitution afford them immunity for their actions performed during their tenure of office, or does it merely make provision for a different court to try the offences?

The October Revolution of 1917 profoundly influenced the course of the Indian freedom movement in multiple ways. It gave impetus to Indian political aspirations, widened the base of the freedom struggle by making industrial workers and peasants active participants, and endowed the movement with a progressive outlook. The revolution’s principles resonated deeply among the people and leaders of the Indian freedom movement. In fact, many of the values enshrined in our Constitution, adopted post-independence, were inspired by the lofty ideals of the Russian Revolution. The most important event in Russia, influencing the course of the freedom movement in India, was the October Revolution in 1917. The revolution, its ideology, V. I. Lenin and his deep involvement with the issues confronting the people of the East, the transformation of Russia post 1917, and the overall attitude of the Soviet government and the Comintern towards India’s freedom struggle deeply influenced both the people and the leaders of the Indian freedom movement. Though the multiclass national movement did not get converted completely to the cause of socialism, the fact remains that the legacies of the October Revolution influenced the course of the freedom struggle in multiple ways. Some of its legacies got imprinted in the Constitution that India adopted post-independence. The socialist component of the Constitution of India did not happen by accident. It was the outcome of the massive ideological churning that took place within and outside the Indian National Congress and that which by no small measure was triggered by the emancipatory ideals of the Russian Revolution of 1917. The Constitution of the Republic of India, adopted on 26 January 1950, was based on a set of principles and ideas that would achieve socialist reconstruction of society through democratic means. The right balance of the proper socio-economic rights with guaranteed democratic and civil liberties, based on the majority principle along with the right of minority opinions to exist and flourish in a secular state became the cornerstones of the Constitution that independent India adopted. Many of these values were clearly inspired by the lofty ideals of the Russian Revolution.

- Italy is a Republic based on labour that recognizes to all the citizens the right to work (artt. 1 and 4, Cost.). Such norms have contributed to create a model of "social" state, whose principles have been developed since the French revolution, as opposite to another model based on private property. Taking into consideration the opinion of the most important scholars who dealt with this topic and deeply marked the debate on this argument (as Mortati, Mancini and Natoli), this Essay focuses on the meaning of artt. 1 and 4 of the Italian Constitution, in line with the original perspective of the Constituencies; it tries to deny the theories which assume the existence of a legal duty to work; it deals with the value that those norms could have nowadays and in the future, as the European law does not assigne to the "right to work" the same meaning of the Italian Constitution.Key words: Right to work; Italian Constitution; French Revolution; Social State.Parole chiave: Diritto al lavoro; Costituzione italiana; Rivoluzione francese; Stato sociale.

The article aims to study the features of French model migrants integration in the context of all Europe social space. The chronological framework is over 1950s the first twenty years of the XXI century. The article is quite relevant in connection with the serious migration crisis in the European Union that began in 20142015. The flow of migrants, their integration and social adaptation into the European society caused a strong public outcry, exacerbated the discussion about the consequences of large and illegal migrations. The leading European countries for a long time created and improved their integration models, which served for their social adaptation and assimilation. This article focuses on French model. The main results are as follows: French model migrants integration has been built due to the main social, political, cultural and historical features. They are supposed to include the principles underlying the French policy of migrant integration, dating back to the period and ideas of the French Revolution; the interpretation migrant adopted in French law and influencing the particularities of French model; quantification of direct immigrant descendants; prohibition of ethnic statistics. The concept of ethnic minority is absent in French society; in accordance with the Constitution, France is a single and indivisible community of citizens, that singles out French models name - the republican one. This model assumed the assimilation of migrants by the host society.

Afghanistan began and ended 2004 on high notes, with a moderate Constitution passed on January 4 and successful presidential elections held in October that created a new cabinet dominated by technocrats in late December. In between, slow progress on reconstruction and state-building was threatened by continuing insecurity and the presence of a booming opium crop.

The Latvian language is an essential element of constitutional identity of the Republic of Latvia, without which the Latvian constitutional system and the system of Constitution cannot be imagined, as such. Since 2021, the Official Language Day on 15 October has been celebrated. According to the President of Latvia Egils Levits the Official Language Day may serve as another opportunity to spread awareness and promote the use of the Latvian language as one of the main constitutional values of our state and nation. The Official Language Day is a meaningful contribution to the future tradition of celebrating the official language across society. The current study focuses on the issue of the official language in Latvia and its importance from the perspective of constitutional law. The experience of the Republic of Latvia is divided into two periods. The first – covers the period 1918–1940, when it was interrupted by the Soviet occupation. Consequently, after the restoration of independence in 1990, the second period can be defined: 1990–currently. If during the pre-war period the Latvian language was only enshrined in law, during the second period the official language has been enshrined in the Constitution (Satversme). The official language of the Latvian Constitution is specified in Section 4. The given article is designed to supplement the scientific comments of Section 4, which was issued in 2014. Keywords: Constitution (Satversme), Latvian language, official language, language policy, national minorities.

On July 17, 2018, the Human Rights Committee, the monitoring body of the International Covenant on Civil and Political Rights (ICCPR), rendered decisions in two similar cases brought by two French nationals against the French state. Both petitioners were Muslim women who challenged Act No. 2010-1192 of 11 October 2010, a French law under which wearing of the niqab, also known as a “full-face veil,” in public spaces is prohibited. These seminal cases constitute the first time that an international arbiter of human rights has ruled that France's face-veil ban violates the human rights of its citizens.

Republic of South Africa v. Grootboom. Case No. CCT 11/00. 2000 (11) BCLR 1169. Constitutional Court of South Africa, October 4, 2000.Minister of Health v. Treatment Action Campaign. Case No. CCT 8/02. At <http://www.concourt.gov.za>.Constitutional Court of South Africa, July 5, 2002.Two cases decided by the Constitutional Court of South Africa in 2000 and 2002 implement several economic, social, and cultural rights guaranteed by the Constitution of South Africa. The decisions illuminate the role in such reasoning of human rights treaties to which South Africa is a state party or a signatory. They also analyze General Comment No. 3 of die UN Committee on Economic, Social and Cultural Rights (Committee). These cases, Republic of South Africa v. Grootboom, decided October 4,2000, and Minister of Health v. Treatment Action Campaign, decided July 5, 2002, illuminate questions concerning both die jusdciability of economic, social, and cultural rights—at least as incorporated into Soudi Africa's Bill of Rights, sections 7 through 39 of its Constitution—and the concept of “minimum core obligations” as developed by the Committee.

Three different monarchical systems emerge from the Constitution. From constitutional monarchy based on the English model, through monarchy with some features of a republic, to a monarchy with the principle of unity of state power. The acts show that the Polish king was situated between a monarch dominated by the legislature and a sovereign monarch. He was not a figurehead. The introduction into the constitution of the principles of the sovereignty of the nation and the tripartite division of power meant that the organs of the state, and the king was one of them, performed only such activities as were allowed by the constitution. This is what the May and French Constitutions of 1791 stated. The Constitutional Charter of 1814 returned to the principle of unity of power. The monarch exercised not only the powers enumerated in the Charter, but also those not reserved to other bodies. The provisions of the Charter proved attractive to monarchies seeking a transition from enlightened absolutism to a constitutional parliamentary monarchy.

Abstract One year after King Gyanendra dismissed the government of Sher Bahadur Deuba and assumed executive powers in violation of the Constitution, a return to a democratic system is not in sight. The royal action of October 4, 2002, appears more and more as a royal coup d'éétat. The initiation of a peace process with the Maoist insurgents brought new hopes for some months, but the dialogue broke down before it really began.

For over 30 years the French Conseil d'Etat has maintained that it is impossible to rely on EC Directives before French administrative courts in a complaint filed against an individual administrative act. This in spite of the Court of Justice's well known case-law that directives under certain conditions can have direct effect, as was first recognized in SpA SACE v Finance Minister of the Italian Republic of 17 December 1970 and confirmed by Van Duyn v Home Office of 4 December 1974.

This review is concerned with the cultural and scientific cooperation between Iraq and France. Through this cooperation the French government provided joint fellowship program in master and doctorate in various subjects. With regard to teaching French as a second foreign language the support included training courses (2-4 weeks) offered to French language teachers to help keep them abreast of the development of the language education sector. In addition, free curricula taught in the French language departments in five Iraqi universities has also been provided through this cooperation. Recently, in October 2017 the French government affirmed their continued willingness and commitment to participate in the rehabilitation of higher education in general and specifically revitalization of linguistic centers by signing a Goodwill Memorandum. This review, explores possible benefits to a country like Iraq, which has suffered for years from being away from development and advancement as well as the destruction of infrastructure.

The article analyzes the constitutional law of the Kyrgyz Republic “On the suspension of certain provisions of the law on elections of the President of the Kyrgyz Republic and deputies of the Jogorku Kenesh of the Kyrgyz Republic”. The author was able to scientifically show that the adopted constitutional law contradicts the provisions of the Constitution. In this case, the Constitution of the Kyrgyz Republic is generally recognized as the main regulator of all legal relations in society, which has supreme power. The article also examines the legality of such actions as the adoption of a constitutional law, the suspension of elections to the Jogorku Kenesh of the Kyrgyz Republic, and the implementation of constitutional reform. The author also referred to the decisions of the Central Election Commission of the Kyrgyz Republic on elections and referenda. Based on the decisions of the CEC on October 6, 2020, the Central Election Commission of the Kyrgyz Republic declared the results of the October 4 parliamentary elections invalid. In this regard, the CEC set October 21, 2020 as the date of re-election to the Jogorku Kenesh of the Kyrgyz Republic but noted that the Jogorku Kenesh adopted an unconstitutional law. In addition, it was noted that the adopted normative acts in the Kyrgyz Republic will be implemented on the basis of specially approved, adopted normative acts. This provision is enshrined in Law No. 223 “On the Regulation of the Jogorku Kenesh of the Kyrgyz Republic” dated November 25, 2011 and in no. 241 “On regulatory legal acts of the Kyrgyz Republic” dated July 20, 2009.

Abstract The 1976 Portuguese Constitution implemented a hybrid government system known as semi-presidential. This modality combines characteristics from the two more conventional systems: the presidential and the parliamentarian. In this context, the selection of the Prime-Minister does not directly come from the voters. Instead, it results from the Presidential nomination bearing in consideration the results of the legislative elections. Furthermore, it also lacks the majoritarian support from the National Parliament. Hence, the government becomes an organ political accountable before the President and the Parliament. The current Parliament was elected on October 4, 2015. Yet, the electoral results were striking, as they allowed more than one possibility for the formation of the Portuguese government, including post-electoral partisan agreements, which was an unprecedent situation in the country. The present paper aims to describe the electoral process referred to above, through factual analysis and its constitutional framework. Keywords: Constitution, elections, government, politics, Portugal.

ABSTRACTIn October 1916, the French government agreed with Armenian political elites to establish a Légion of Armenian volunteers in British Cyprus to fight the common Ottoman enemy. Despite British, French, and even Armenian rejections of such a Légion during different times throughout 1915 and early 1916, all sides overcame earlier concerns. Understanding how they managed to overcome these concerns will allow for this little-known episode in the history of the Great War in the eastern Mediterranean to contribute to the knowledge on (1) the complex French and British wartime stances towards this region, driven by imperialism and humanitarianism; (2) the ability of local elites to draw concessions from the Allies; (3) the important role played by local British and French colonial and military officers; and (4) broader historiographical debates on the responses to the Armenian Genocide. This article explores the origins of how theEntenteco-opted Armenians in their eastern Mediterranean campaigns, but also made them into pawns in the French and British reinvention of their imperial rivalry in this region in order to achieve their post-war imperialist agendas.

The article reveals the peculiarities of the constitutional and legal consolidation of positive discrimination in the field of education in foreign countries and in Ukraine. It is established that: 1) positive discrimination in the field of higher education is prohibited in the United Kingdom, Germany, Sweden, and Slovakia; 2) positive discrimination based on race in university admissions is prohibited in the USA; 3) positive discrimination is allowed and applied: in Canada to representatives of the indigenous population (indigenous peoples) when entering a university and when receiving special scholarships; in Bulgaria - only for one ethnic community - Gypsies when entering a university, in Hungary - for socially disadvantaged citizens and the ethnic community of Gypsies when entering a university, in Macedonia - for national minorities when entering a university; in Finland for applicants who speak Swedish when entering certain educational programs; in China - to representatives of ethnic minorities, in India - to representatives of classes and castes that, according to the Constitution of India, are disadvantaged; in New Zealand - to representatives of the indigenous Maori people and other Polynesians when entering higher education institutions and providing scholarships, in Sri Lanka - to applicants from areas with poor access to education, in Brazil - to representatives of racial and ethnic communities, people with low incomes and disabled people; 4) in Japan, in accordance with national legislation, it is forbidden to apply positive discrimination on the basis of gender, ethnicity, social origin (but not citizenship) when entering a university, but in practice there is a policy of granting preferential treatment when entering a university to representatives of the Burakumin national minority; 5) The French Constitution of 1958 prohibits discrimination on the basis of race, religion or sex, French legislation that develops provisions of the French Constitution prohibits direct and indirect discrimination in education based on race or ethnic origin, but allows positive discrimination in education that is based on signs of «belonging to a certain district of the city». In Ukraine, positive discrimination in the field of education when entering universities and receiving scholarships for representatives of indigenous peoples of Ukraine is not provided for by national legislation.

The article reveals the peculiarities of the constitutional and legal consolidation of positive discrimination in the field of education in foreign countries and in Ukraine. It is established that: 1) positive discrimination in the field of higher education is prohibited in the United Kingdom, Germany, Sweden, and Slovakia; 2) positive discrimination based on race in university admissions is prohibited in the USA; 3) positive discrimination is allowed and applied: in Canada to representatives of the indigenous population (indigenous peoples) when entering a university and when receiving special scholarships; in Bulgaria – only for one ethnic community – Gypsies when entering a university, in Hungary – for socially disadvantaged citizens and the ethnic community of Gypsies when entering a university, in Macedonia – for national minorities when entering a university; in Finland for applicants who speak Swedish when entering certain educational programs; in China – to representatives of ethnic minorities, in India – to representatives of classes and castes that, according to the Constitution of India, are disadvantaged; in New Zealand – to representatives of the indigenous Maori people and other Polynesians when entering higher education institutions and providing scholarships, in Sri Lanka – to applicants from areas with poor access to education, in Brazil – to representatives of racial and ethnic communities, people with low incomes and disabled people; 4) in Japan, in accordance with national legislation, it is forbidden to apply positive discrimination on the basis of gender, ethnicity, social origin (but not citizenship) when entering a university, but in practice there is a policy of granting preferential treatment when entering a university to representatives of the Burakumin national minority; 5) The French Constitution of 1958 prohibits discrimination on the basis of race, religion or sex, French legislation that develops provisions of the French Constitution prohibits direct and indirect discrimination in education based on race or ethnic origin, but allows positive discrimination in education that is based on signs of «belonging to a certain district of the city». In Ukraine, positive discrimination in the field of education when entering universities and receiving scholarships for representatives of indigenous peoples of Ukraine is not provided for by national legislation.

From October 19 to 21, 2023, an international forum dedicated to the 30th anniversary of the Constitution of the Russian Federation "The Future of National Law: Traditional Ideas and Promising Models" was held in Tyumen. The Forum organizer is the Institute of State and Law of the University of Tyumen. The forum has become a creative platform that brings together experts in the field of all branches of Russian law, practicing lawyers, representatives of state and municipal authorities. The program of the Forum was rich for three days and included various formats: plenary session, scientific and practical conference, problem sessions, scientific, methodological seminars, panel discussions, open lectures by leading scientists, book presentations, as well as a cultural program.

The article presents the rules of appeal proceedings in civil and criminal cases in the Napoleonic Free City of Danzig. The appeals took place before the Revision Commissions which were appointed for civil cases in October 1809 a nd for criminal cases in February 1810. Furthermore, the paper delineates their organizational structure as well as the method of making the final decision (rejecting or accepting the Commission’s decision). The contents of this article were based on the rules and regulations which governed the Commissions which hitherto were not used in research. Moreover, the judiciary and the appeals systems were described in the projects of the constitution of the Free City of Danzig (Danzig Senate from 1807, a project by the mayor of Danzig – Gottlieb Hufeland, as well as a project by the French resident Nicolas Massias). However, these plans were not introduced but they were substituted by the rules and regulations of the Revision Commissions. This serves as an illustration of the French influence on the law in Danzig in the Napoleonic era of the Free City. Also the appeal process in the Napoleonic Free City of Danzig was presented against the backdrop of the general history of appeals in the course of legal cases before the judiciary in Danzig. This facilitates the observation of the changes which took place in the course of legal cases throughout history. In particular, it helps in the observations made at the turn of the 18th century as it was the period when the law transformed from Feudalism to Bourgeoisie.

This prospective, multicentre study was conducted between September and October 2003 in 38 French departments of internal medicine, infectious disease and hepatogastroenterology and included 406 consecutive HBV-infected patients (positive HBsAg), half of whom were HIV-infected (53%). The aim was to outline the main characteristics of hepatitis B virus (HBV)-human immunodeficiency virus (HIV) co-infected patients in French hospitals. HBV-HIV co-infected patients (85% were receiving HAART; mean CD4 count 447±245/μl, HIV RNA load <400 copies/ml, 67% of patients), compared to HIV-negative patients, were more often male, injecting drug users, HBeAg-positive and HCV-HIV co-infected (P<10−4). They underwent liver biopsy less often (31% vs. 51%, P<10−4), particularly those with severe immunodeficiency. They received anti-HBV treatment more often (75% vs. 45·7%, P<10−4), mainly lamivudine and tenofovir. Significant improvements in the management of such patients are awaited mainly in the appraisal of liver disease by either liver biopsy or non-invasive alternatives to liver biopsy.

This article re-examines a crucial aspect of French history between 1789 and 1793, and one which remains controversial : the attitude of Louis XVI towards the Revolution. It does this by exploiting an important and unpublished source, the letters of the king's secret plenipotentiary to the European powers, the baron de Breteuil, to the foreign monarch most trusted by the French royal family, Gustavus III of Sweden. Since Louis XVI's precarious position in Paris from the October Days until his death prevented him from expressing his true feelings except very rarely, historians since have found it difficult to reach firm conclusions on his political views and motivation during the Revolution, and the result has often been partisan judgements from left and right. The issue has been further clouded by persistent claims for over a century that several of Louis's most important letters of this period are forgeries. While they do not resolve all these problems, the letters of Breteuil to Gustavus III, which are incontestably genuine, reveal Louis XVI's views on critical events between 1791 and 1792 as represented by the politician closest to his real policy, to the fellow-ruler in whom he had the most faith. The most important subjects covered are Breteuil's interpretation of Louis XVI's true attitude to the constitution of September 1791, his distrust of his brothers, the comtes de Provence and d'Artois, and the plan for an armed congress of the European powers to put pressure on revolutionary France. These letters, and Gustavus III's replies to them, are published at the end of the article in an appendix.

A statesman of Canada, Pierre Elliot Trudeau (1918—2000), a Liberal Prime Minister in 1968—1979, 1980—1984, is the author of the “patriation” of the Constitution of 1982, which included a universal Charter of Rights and Freedoms, and of the law on official bilingualism. Trudeau defended the integrity of state from the threats of supporters of extremist forms of separatism that arose among the radical nationalists of the French-speaking province of Quebec, directing federal-provincial contradictions into the political and legal channel. Trudeau was inspired by the concept of “One Canada” and the philosophy of “Just Society”, combining the ideas of the supremacy of individual freedoms with the high responsibility of the state, social measures with equal linguistic and cultural development of Francophones and Anglophones as parts of a single political nation. Trudeau’s enduring legacy also includes the abolition of the death penalty, the end of the discrimination of homosexuals, the simplification of divorce proceedings, multiculturalism and anti-poverty measures. The foreign policy course also bore the imprint of Trudeau’s ideas of justice in a changing global world. He initiated the diversification of international relations, collaborated with socialist countries, defended detente and nuclear security, reducing Canada’s participation in NATO and removing nuclear missiles from the country’s territory.

Corporate law is founded on the fictitious principle of the separate legal personality of a company. This principle entails that a company is a juristic person, separate and distinct from any persons involved with the company. Because of their juristic nature, companies can acquire rights and incur liabilities in their own capacity. This corporate-law principle is rooted in section 8(4) of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution) which expressly provides the Bill of Rights applies to juristic persons subject to the stated considerations. The fact that companies as juristic persons, similar to natural persons, are entitled to the rights and freedoms contained in the Bill of Rights reveals that the Constitution recognises companies as ‘persons’. In this light, the article investigates how the Companies Act 71 of 2008 (hereafter the Companies Act) has embraced the constitutional right to life of companies as juristic persons as provided for in section 11 of the Constitution. To achieve this aim, the author applies the doctrinal legal research methodology – a legal research model which entails an examination of so-called ‘black-latter law’ with the Companies Act being the principal instrument. The results show that, although companies to do not enjoy the right to life in the same manner as natural persons, the literature examined reveals that the Companies Act recognises company’s constitutional right to ‘life’. In many instances, the right to continued existence of companies is promoted in various ways, including the introduction of the novel concept of business rescue by the Companies Act as a way of promoting the right to ‘life’ of companies. Received: 20 August 2021 / Accepted: 7 October 2021 / Published: 5 November 2021

The Indian Constituent Assembly Debates is a remarkable deliberative document to create the written constitution of the democratic republic of India based on an open society. By its very nature the text is polyphonic and had multifarious voices with a dominant and uniting trend to create a liberal constitutional state with Indian features suited to Indian conditions. The intention, and rightfully so, was not to bring about a “revolution” in the nature of a Russian, Chinese or even the French variant, soon slipping into dictatorships of either party or bureaucratic elites or charismatic individuals; but was to create a democratic polity based on liberal constitutional values drawing from India’s history and cultural conditions. This rich text running into few thousand pages is being explored in some of its aspects in the present work. Though, the tone and tenor of the present work is not representing the dominant voice of a soprano but that of a countertenor who is castrated to reach the higher octave.

Основу публикации составляет первый перевод на русский язык полного текста важного документа музыкальной эстетики XVII века — «Ответа лицу, интересующемуся мнением о музыке в Италии» французского исполнителя на виоле Андре Могара. В 1638–1639 годах Могар находился в Риме, лично принимал участие в музыкальной жизни города, посещал многочисленные музыкальные собрания и оставил о них красочные воспоминания. Перевод снабжен обширными комментариями переводчика и большой вступительной статьей. Содержащиеся в них пояснения служат нескольким целям: 1) осветить богатый историографический материал письма с помощью данных современной науки; 2) охарактеризовать личность Могара и представить его заслуги перед историей музыкального искусства; 3) изложить возможные причины нахождения Могара в Риме и проследить влияние, которое они могли оказать на мнение Могара об итальянской и о французской музыке, представленное в письме; 4) обозначить, какое место занимает письмо Могара в истории французской музыкальной эстетики; 5) обрисовать эстетическую природу музыкального искусства Рима в эпоху Урбана VIII. The essential of the publication is the first full translation into Russian of an important document of the 17th century musical aesthetics, Response faite à un curieux sur le sentiment de la musique en Italie by the French viol player André Maugars. In 1638–39 Maugars lived in Rome, personally took part in the musical life of the city, attended numerous musical meetings and left colorful memories of them. Translation is provided with extensive comments and a large introductory article. The explanations contained in them serve several purposes: (1) to elucidate the rich historiographic material of the letter by means of the present knowledge; (2) to characterize the personality of Maugars and to present his merits for the history of musical art; (3) to set forth possible reasons for Maugars’ residence in Rome and to trace the influence they could have on Maugars’ judgement on Italian and French music presented in the letter; (4) to designate the place of Maugars’ letter in the history of the French musical aesthetics; and 5) to outline the aesthetic nature of the Roman music in the era of Urban VIII.

Despite the health, social and economic impact of arboviruses in French Guiana, very little is known about the extent to which infection burden is shared between individuals. We conducted a large multiplexed serological survey among 2697 individuals from June to October 2017. All serum samples were tested for IgG antibodies against DENV, CHIKV, ZIKV and MAYV using a recombinant antigen-based microsphere immunoassay with a subset further evaluated through anti-ZIKV microneutralization tests. The overall DENV seroprevalence was estimated at 73.1% (70.6–75.4) in the whole territory with estimations by serotype at 68.9% for DENV-1, 38.8% for DENV-2, 42.3% for DENV-3, and 56.1% for DENV-4. The overall seroprevalence of CHIKV, ZIKV and MAYV antibodies was 20.3% (17.7–23.1), 23.3% (20.9–25.9) and 3.3% (2.7–4.1), respectively. We provide a consistent overview of the burden of emerging arboviruses in French Guiana, with useful findings for risk mapping, future prevention and control programs. The majority of the population remains susceptible to CHIKV and ZIKV, which could potentially facilitate the risk of further re-emergences. Our results underscore the need to strengthen MAYV surveillance in order to rapidly detect any substantial changes in MAYV circulation patterns.

The study describes 5 main areas, namely, (1)"Hidden Structure" that in the Social Meaning of Melanesian-Papua Cultural highlights Papuanistiecs and Melanesianology; (2) The Prestige and Power exposes the influence of the Big World Power to the problem of Papua; (3) Federalism in Indonesia reveal to the Melanesian-Papua in Land Papua as Special Specific Case versus unitary of The Republic of Indonesia; (4) Constitution vis-à -vis Constitution on constitutional philosophical correlation Indonesia constitution 1945 versus Papua constitution 1999; (5) Unilateral Declaration of Independence/UDI October 19, 2011, concerning Freedom-Melanesian Papuans in Land Papua as Nation and State. The background of this study is based on two main thoughts keys, namely: First, Meteray (2012: 268, 2013: 4) confirmed that, during the 17 years from 1945 to 1962, the process to Indonesian-sizing the Papuans are generally still in the stage of seeding while growth only in some areas of government and urban centres’. Awareness to be Indonesian-ness is yet to reach all areas of Papua. Meteray adding that the presence of Indonesian-sizing in past greatly influenced by the policies and the approach taken by both the Dutch and Indonesian government through the role of nationalists initiators of the period (2012: 264-267); Second; LIPI study in 2007 (Soewarsono, ed) are still questions to the Indonesian-sizing of the Papuans reinforce the view of Meteray stated that it is to Indonesian-sizing among the Papuans still weak (Meteray 2013: 1). Meteray concluded that, in fact, to understand the history of Papua will become a basic reference for the government seek and find out the right way and dignified in overcoming the issues of Papua, though on the other hand Aditjondro, 1999 clamming, the Government and Important People of Indonesia has curled the history of Papua which by the Papuans wanting to be straightened out, He calls this act as: "The dark history of Papua in Indonesian Historiography". Thoughts of Meteray and Aditjondro strengthens the authors thought that the various problems occurred in Papua, especially the facts involves "M"/Merdeka (Freedom) Papua". Referring to the failure of Indonesian-sizing of the Papuans, it appears that it is not necessary regrettable because in fact, they are different. Precisely when indecision of the President of Indonesia to the case of Papua is safe step into alternative measures of the Melanesian-Papua people themselves must be hacked through, UDI October 19, 2011. This research focuses on the study of literature and interviews with the method of Descriptive Analysis and Method of Structure Linkage to assemble the Hidden Structure and Correlation Studies to reflect the relationships between aspects on the basis of Motivation Theory, Theory of Social Change and Theory of Balance and Theory of Realist and related by make use of Hidden Structure as Grand Theory. The formulation of the problem is (1). How to understand the present of Melanesian-Papuans in Land Papua? (2). Whether existing of Papua as "trust territory" of the UN is still attracting the winning of Prestige and Power of "the Big Power of the World" to be back to discusses at the UN of a future in accordance with Article 74 and Article 78 of the UN Charter? (3). Whether, Melanesia-Papua and Indonesian in Papua can together according to the federalist order of Melanesian-Papua? (4). How is the condition of social customs and traditions of Indonesia and Papua can be met?

AbstractThe nucleus of the collection of paintings in the Mauritshuis around 130 pictures - came from the hereditary stadholder Prince William v. It is widely believed to have become, the property of the State at the beginning of the 19th century, but how this happened is still. unclear. A hand-written notebook on this subject, compiled in 1876 by - the director Jonkheer J. K. L. de Jonge is in the archives of the Mauritshuis Note 4). On this basis a clnsor systematic and chronological investigation has been carried out into the stadholder's. property rights in respect of his collectcons and the changes these underwent between 1795 and 1816. Royal decrees and other documents of the period 1814- 16 in particular giae a clearer picture of whal look place. 0n 18 January 1795 William V (Fig. 2) left the Netherlands and fled to England. On 22 January the Dutch Republic was occupied by French armies. Since France had declared war on the stadholder, the ownership of all his propergy in the Netherlands, passed to France, in accordance with the laws of war of the time. His famous art collections on the Builerth of in. The Hague were taken to Paris, but the remaining art objects, distributed over his various houses, remained in the Netherlands. On 16 May 1795 the French concluded a treaty with the Batavian Republic, recognizing it as an independent power. All the properties of William v in the Netehrlands but not those taken to France, were made over to the Republic (Note 14), which proceeded to sell objects from the collections, at least seven sales taking place until 1798 (Note 15). A plan was then evolved to bring the remaining treasures together in a museum in emulation of the French. On the initiative of J. A. Gogel, the Nationale Konst-Galerij', the first national museum in the .Netherlands, was estahlished in The Hague and opened to the public on ,31 May 1800. Nothing was ever sold from lhe former stadholder's library and in 1798 a Nationale Bibliotheek was founded as well. In 1796, quite soon after the French had carried off the Stadholder, possessions to Paris or made them over to the Batavian Republic, indemnification was already mentioned (Note 19). However, only in the Trealy of Amiens of 180 and a subaequent agreement, between France ararl Prussia of 1 802, in which the Prince of Orarage renounced his and his heirs' rights in the Netherlands, did Prussia provide a certain compensation in the form of l.artds in Weslphalia and Swabia (Note 24) - William v left the management of these areas to the hereditary prince , who had already been involved in the problems oncerning his father's former possessions. In 1804 the Balavian Republic offered a sum of five million guilders 10 plenipotentiaries of the prince as compensation for the sequestrated titles and goods, including furniture, paintings, books and rarities'. This was accepted (Notes 27, 28), but the agreement was never carried out as the Batavian Republic failed to ratify the payment. In the meantime the Nationale Bibliolkeek and the Nationale Konst-Galerij had begun to develop, albeit at first on a small scale. The advent of Louis Napoleon as King of Hollarad in 1806 brought great changes. He made a start on a structured art policy. In 1806 the library, now called `Royal', was moved to the Mauritshuis and in 1808 the collectiorts in The Hague were transferred to Amsterdam, where a Koninklijk Museum was founded, which was housed in the former town hall. This collection was subsequertly to remain in Amsterdam, forming the nucleus of the later Rijksmuseum. The library too was intended to be transferred to Amsterdam, but this never happened and it remained in the Mauritshuis until 1819. Both institutions underwent a great expansion in the period 1806-10, the library's holdings increasing from around 10,000 to over 45,000 books and objects, while the museum acquired a number of paintings, the most important being Rembrandt's Night Watch and Syndics, which were placed in the new museum by the City of Amsterdam in 1808 (Note 44). In 1810 the Netherlands was incorporated into France. In the art field there was now a complete standstill and in 1812 books and in particular prints (around 11,000 of them) were again taken from The Hague to Paris. In November 1813 the French dominion was ended and on 2 December the hereditary prince, William Frederick, was declared sovereign ruler. He was inaugurated as constitutional monarch on 30 March 1814. On January 3rd the provisional council of The Hague had already declared that the city was in (unlawful' possession of a library, a collection of paintings, prints and other objects of art and science and requested the king tot take them back. The war was over and what had been confiscated from William under the laws of war could now be given back, but this never happened. By Royal Decree of 14 January 1814 Mr. ( later Baron) A. J. C. Lampsins (Fig. I ) was commissioned to come to an understanding with the burgomaster of The Hague over this transfer, to bring out a report on the condition of the objects and to formulate a proposal on the measures to be taken (Note 48). On 17 January Lampsins submitted a memorandum on the taking over of the Library as the private property of His Royal Highness the Sovereign of the United Netherlartds'. Although Lampsins was granted the right to bear the title 'Interim Director of the Royal Library' by a Royal Decree of 9 February 1814, William I did not propose to pay The costs himself ; they were to be carried by the Home Office (Note 52). Thus he left the question of ownership undecided. On 18 April Lampsins brought out a detailed report on all the measures to be taken (Appendix IIa ) . His suggestion was that the objects, formerly belonging to the stadholder should be removed from the former royal museum, now the Rijksmuseum, in Amsterdam and to return the 'Library', as the collectiort of books, paintings and prints in The Hague was called, to the place where they had been in 1795. Once again the king's reaction was not very clear. Among other things, he said that he wanted to wait until it was known how extensive the restitution of objects from Paris would be and to consider in zvhich scholarly context the collections would best, fit (Note 54) . While the ownership of the former collections of Prince William I was thus left undecided, a ruling had already been enacted in respect of the immovable property. By the Constitution of 1814, which came into effect on 30 March, the king was granted a high income, partly to make up for the losses he had sulfered. A Royal Decree of 22 January 1815 does, however, imply that William had renounced the right to his, father's collections, for he let it be known that he had not only accepted the situation that had developed in the Netherlands since 1795, but also wished it to be continued (Note 62). The restitution of the collections carried off to France could only be considered in its entirety after the defeat of Napoleon at the Battle of Waterloo on 18 June 1815- This was no simple matter, but in the end most, though not all, of the former possessions of William V were returned to the Netherlands. What was not or could not be recovered then (inc.uding 66 paintings, for example) is still in France today (Note 71)- On 20 November 1815 127 paintings, including Paulus Potter's Young Bull (Fig. 15), made a ceremonial entry into The Hague. But on 6 October, before anything had actually been returned, it had already been stipulated by Royal Decree that the control of the objects would hence forlh be in the hands of the State (Note 72). Thus William I no longer regarded his father's collections as the private property of the House of Orange, but he did retain the right to decide on the fulure destiny of the... painting.s and objects of art and science'. For the time being the paintings were replaced in the Gallery on the Buitenhof, from which they had been removed in 1795 (Note 73). In November 1815 the natural history collection was made the property of Leiden University (Note 74), becoming the basis for the Rijksmuseum voor Natuurlijke Historie, The print collection, part of the Royal Library in The Hague, was exchanged in May 1816 for the national collectiort of coins and medals, part of the Rijksmuseum. As of 1 Jufy 1816 directors were appointed for four different institutions in The Hague, the Koninklijke Bibliotheek (with the Koninklijk Penningkabinet ) , the Koninklijk Kabinet van Schilderijen and the Yoninklijk Kabinet van Zeldzaamheden (Note 80) . From that time these institutions led independenl lives. The king continued to lake a keen interest in them and not merely in respect of collecting Their accommodation in The Hague was already too cramped in 1816. By a Royal Decree of 18 May 1819 the Hotel Huguetan, the former palace of the. crown prince on Lange Voorhout, was earmarked for the Koninklijke Bibliotheek and the Koninklijk Penningkabinet (Note 87) . while at the king's behest the Mauritshuis, which had been rented up to then, was bought by the State on 27 March 1820 and on IO July allotted to the Koninklijk Kabinet van Schilderijen and the Koninklijk Kabinet van Zeldzaamheden (Note 88). Only the Koninklijk Kabinet van Schilderijen is still in the place assigned to it by William and the collection has meanwhile become so identified with its home that it is generally known as the Mauritshui.s'. William i's most important gift was made in July 1816,just after the foundation of the four royal institutions, when he had deposited most of the objects that his father had taken first to England and later to Oranienstein in the Koninklijk Kabinet van Zeldzaamheden. The rarities (Fig. 17), curios (Fig. 18) and paintings (Fig. 19), remained there (Note 84), while the other art objects were sorted and divided between the Koninklijke Bibliotheek (the manuscripts and books) and the koninklijk Penningkabinet (the cameos and gems) (Note 85). In 1819 and 182 the king also gave the Koninklijke Bibliotheek an important part of the Nassau Library from the castle at Dillenburg. Clearly he is one of the European monarchs who in the second half of the 18th and the 19th century made their collectiorts accessible to the public, and thus laid the foundatinns of many of today's museums. But William 1 also made purchases on behalf of the institutions he had created. For the Koninklijke Bibliotheek, for example, he had the 'Tweede Historiebijbel', made in Utrecht around 1430, bought in Louvain in 1829 for 1, 134 guilders (Pigs.30,3 I, Note 92). For the Koninkijk Penningkabinet he bought a collection of 62 gems and four cameos , for ,50,000 guilders in 1819. This had belonged to the philosopher Frans Hemsterhuis, the keeper of his father's cabinet of antiquities (Note 95) . The most spectacular acquisition. for the Penninukabinet., however, was a cameo carved in onyx, a late Roman work with the Triumph of Claudius, which the king bought in 1823 for 50,000 guilders, an enormous sum in those days. The Koninklijk Kabinet van Zeldzaamhedert also received princely gifts. In 1821- the so-called doll's house of Tzar Peter was bought out of the king's special funds for 2.800 guilders (Figs.33, 34, ,Note 97) , while even in 1838, when no more money was available for art, unnecessary expenditure on luxury' the Von Siebold ethnographical collection was bought at the king's behest for over 55,000 guilders (Note 98). The Koninklijk Kabinel van Schilderyen must have been close to the hearl of the king, who regarded it as an extension of the palace (Notes 99, 100) . The old master paintings he acquzred for it are among the most important in the collection (the modern pictures, not dealt with here, were transferred to the Paviljoen Welgelegen in Haarlem in 1838, Note 104). For instance, in 1820 he bought a portrait of Johan Maurice of Nassau (Fig.35)., while in 1822, against the advice of the then director, he bought Vermeer' s View of Delft for 2,900 guilders (Fig.36, Note 105) and in 1827 it was made known, from Brussels that His Majesty had recommended the purchase of Rogier van der Weyden's Lamentation (Fig.37) . The most spectacular example of the king's love for 'his' museum, however, is the purchase in 1828 of Rembrandt's Anatomy Lesson of Dr. Nicolaes Tulp for 32,000 guilders. The director of the Rijksmuseum, C. Apostool, cortsidered this Rembrandt'sfinest painting and had already drawn attention to it in 1817, At the king'.s behest the picture, the purchase of which had been financed in part by the sale of a number of painlings from. the Rijksmuseum, was placed in the Koninklijk Kabinet van Schilderijen in The Hague. On his accession King William I had left the art objects which had become state propery after being ceded by the French to the Batavian Republic in 1795 as they were. He reclaimed the collections carried off to France as his own property, but it can be deduced from the Royal Decrees of 1815 and 1816 that it Was his wish that they should be made over to the State, including those paintings that form the nucleus of the collection in the Mauritshuis. In addition, in 1816 he handed over many art objects which his father had taken with him into exile. His son, William II, later accepted this, after having the matter investigated (Note 107 and Appendix IV). Thus William I'S munificence proves to have been much more extensive than has ever been realized.

The Papal Brief restoring the English hierarchy was promulgated on September 29th 1850. On October 25th the Shrewsbury Chronicle reprinted without comment a straight summary taken from the French Catholic paper, L’Univers. Soon enough anti-Catholic feeling, fanned to fury by Cardinal Wiseman’s provocative and flamboyant Letter from the Flaminian Gate, was unleashed across the length and breadth of the nation. In the next few weeks the Chronicle reprinted a whole series of letters on the controversy, an open letter from the Bishop of London to his clergy, John Russell’s open letter to the Bishop of Durham, endorsing the bishop’s remark that this example of ‘papal aggression’ was both ‘insolent and insidious’. Replies were also published: Bishop Ullathorne’s letter to The Times and an article in The Spectator both insisting on the spiritual nature of the issue, rather than presenting it as a threat to the constitution of the English Church and nation. These seemed to go unnoticed. An advertisement appeared from the clergy of Shrewsbury signed amongst others by the Archdeacon of Salop, and Kennedy (of Shorter Latin Primer fame), then Headmaster of the Schools. A petition was to be left for signing in Mr. Lake’s, in Market Square, protesting about the ‘illegal usurpation of power, insulting to our most gracious sovereign… openly intimating a design eventually to subjugate England to papal control’. The local papers seemed happy enough to encourage the debate.

One of the main objectives of walnut crossbreeding programmes is to produce cultivars with late leafing dates. Sixteen years ago, a walnut crossbreeding programme was initiated by Prof. Mehmet Sütyemez, and now a new walnut genotype, namely ‘Ahir Nut’, has been generated with a leafing date that starts later than all commercially-famous walnut cultivars in the world. The present study describes this walnut genotype. For a detailed analysis, ‘Ahir Nut’ was compared with two French-origin walnut cultivars, i.e., ‘Franquette’ and ‘Ronde de Montignac’, which have had the latest leafing dates until now. In an experimental orchard in Turkey, the leafing date in ‘Ahir Nut’ was 14 May, whereas the leafing date in ‘Franquette’ and ‘Ronde de Montignac’ were 23 April and 25 April, respectively. This approximately 3-week difference between ‘Franquette’ and ‘Ronde de Montignac’ to ‘Ahir Nut’ reveals how valuable this genotype is for walnut breeding studies. The harvest dates for ‘Ahir Nut’, ‘Franquette’ and ‘Ronde de Montignac’ were 4 October, 3 October, and 7 October, respectively. The defoliation date for ‘Ahir Nut’ was 4 December. The nut weight and kernel percentage of ‘Ahir Nut’ were calculated as 11.61 g and 49.84%, respectively. Remarkable phenological traits were found in ‘Ahir Nut’, making it a promising option for future walnut cultivation. In the present study, the late leafing date of ‘Ahir Nut’ prompted further research into the molecular and walnut crossbreeding potentials. This new genotype has been conserved as an important genetic resource for future walnut breeding programmes around the world.

The article, Prestige and Powers of "The World of Big Power'', Tanah Papua as Specific Case, the author intends for Subtopic to two and at the same time can also to accommodate the third problem of formulation being raised in dissertation entitled: " Re-Roadmap of the Papuan in State of Papua Courant West : “A Peaceful Solution Recovering of Identity”. That is by treading Returning Roadmap, referring to Unilateral Declaration of Independence/UDI of the Papua Nation and the Federal Republic of West Papua/NRFPB on October 19, 2011. The study describes in five main topics, namely, (1) Defining "Hidden Structure" in Melanesian-Papua Social Cultural highlighting Papuanistiecs and Melanesianology; (2) Prestige and Powers of “The World Big Power'', Tanah Papua as Specific Case, reveals how the influence of ”The Giant Powers” to the problem of Papua; (3) Federalism in Indonesia revealing Melanesian-Papua in Tanah Papua as Special Case versus the Unitary Republic of Indonesia; (4) Constitution vis-à -vis Constitution illustrates the philosophical correlation among Indonesian constitution 1945 versus Papua constitution 1999; (5) Unilateral Declaration/UDI of the Papua Nation and NRFPB on October 19, 2011. The background of the study is based on two keys of Morgenthou thoughts: First, Morgenthou (2012) confirmed that, during the 17 years from 1945 to 1962, the process to Indonesia-nizing the Papuans are generally still in the stage of seeding while growing only in some urban areas and the government center. Awareness to be Indonesian-ness was yet to reach all areas of Papua. Morgenthou (2012) that the presence of all Indonesia's past greatly influenced the policies and the approach taken by both the Dutch and Indonesian government through the nationalist’s initiators role at that time. Second, study of LIPI in 2007 (Soewarsono, ed.) is still questions to the Indonesian-ness of Papuans reinforces the view of Morgenthou (2012), which states that the process to Indonesian-ness among Papuans still weak. Morgenthou concluded that, in fact, to understand the history of Papua will become a basic reference for the government seek and find out the right way and dignified in overcoming the issues of Papua, though on the other hand George Junus Aditjondro, 1999 clamming, the Government and Important People of Indonesia has curled the history of Papua which by the Papuans wanting to be straightened out: "This is the dark history of Papua in Indonesian Historiography". Thoughts of Morgenthou strengthens the authors thought that the various problems occurred in Papua, especially the facts involve "Merdeka Papua". Referring to the failure of Indonesia-nizing of the Papuans, it appears that it is not necessary regrettable because in fact, they are different by nature or in the growth process since in the hands of Dutch colonial control of the Dutch East Indies (for Papua 1826-1949-1962). Precisely when indecision of the President of Indonesia to the case of Papua was safe step into alternative measures of the Melanesian-Papua themselves must be hacked through, UDI of Papuan Nation and NRFPB on October 19, 2011. The research focuses on studies of literature and interviews by the method of Descriptive Analysis and to assemble the Hidden Structure and Correlation Studies to reflect the relationships between aspects on the basis of Motivation Theory, Theory of Conflict, Theory of Social Change and Theory of Balance and Theory of Realist implied through sub-theories positioned as tools to characterize, recognize, and understanding as well as tools to analyze (dissect) the problems issues to be raised in this written work. In connection with this, the author is improving the nature of Hidden Structure as Grand Theory. Formulations of the problems might be: (1). How to understand the present of the Melanesian-Papua in Tanah Papua? (2). May the existence of Papua to be returning to the attention of Prestige and Powers of "The World Big Power" for its political status to be reviewed at the UN? (4). Whether, the Melanesian-Papua and the Indonesian in Tanah Papua can together according to the federalist order of Melanesian-Papua? (4). How is the condition of Indonesian society and customs of Melanesian-Papua can be brought together to create a bilateral solidarity for the multilateralbeneficial and usefulness?

On September 18, 2013, several Greenpeace activists, bearing ropes and posters, attempted to board a Gazprom oil platform, the Prirazlomnaya, in the Exclusive Economic Zone (EEZ) of the Russian Federation. They did so in inflatable craft launched from a Greenpeace vessel, the Netherlands-flagged MV Arctic Sunrise. They were soon arrested by the Russian Coast Guard. The following day, armed agents of the Russian Federal Security Service boarded the Arctic Sunrise itself from a helicopter, arresting those on board. The Netherlands was apparently informed of Russia’s intention to board and arrest the vessel shortly after the original boarding of the platform. Over the next four days, the vessel was towed to Murmansk. Russian authorities charged the thirty detained persons (the so-called Arctic 30) with “piracy of an organized group.” Although President Vladimir Putin acknowledged that the protesters were “obviously... not pirates,” he also noted that “formally, they tried to seize our platform.” On October 4, the Netherlands announced that, under Annex VII of the UN Convention on the Law of the Sea (UNCLOS), it had commenced arbitration proceedings against Russia over the detention of the Arctic Sunrise and the legality of its seizure. On October 21, the Netherlands filed with the International Tribunal for the Law of the Sea (ITLOS) a request for the prescription of provisional measures pending the constitution of the Annex VII arbitration tribunal.

The research is focused on the essence of the rule of law as a constitutional and legal principle as the basis of the UK constitution and approaches to its determination. The rule of law, being a general legal principle, which has been developed in various legal concepts, including the British rule of law, the German rechtsstaat, the French etat de droit, at the present stage has become one of the fundamental constitutional and legal characteristics, both at the national and supranational level. National concepts of the rule of law, having certain differences and peculiarities, are essentially aimed at achieving similar goals. However, their substantive content is formed on the basis of existing features of specific national legal orders. One of the earliest and most developed in terms of constitutional and legal theory and practice is the UK approach to the rule of law. However, the question of its determining remains relevant at the present stage. The object is the concept of the rule of law developed in the UK, the subject is its specific features and manifestations, as well as approaches to its determination in British legal doctrine and practice. The purpose is to explore the issue of determination of the rule of law in the UK and to form a comprehensive approach to understanding its essence. The methodological basis of the research is constituted by 1) dialectical method, 2) general scientific methods including analysis, synthesis, comparison, analogy, deduction and induction, 3) special methods including logical, formal-legal, comparative-legal, and statistical methods. Based on the analysis the author makes an attempt to define the essence of the rule of law as an integral part of the UK constitution and its key features.

With the aim of understanding the insertion of higher education into a new context of organization of society and State, which is managed according to the New Public Management, this work presents a comparative historical study of the organization of French and Brazilian higher education. It is concluded that the French adherence to the New Public Management is based on the knowledge economy, while the Brazilian one is based on State size reduction along the lines of the Washington Consensus; in addition, higher education institutions in both countries are organized to participate in competitions: in France, the international competition promoted by rankings, and in Brazil, the market competition.ResumoCom o objetivo de compreender a inserção do ensino superior dentro de um novo contexto de organização da sociedade e do Estado, gerido pela Nova Gestão Pública, o trabalho apresenta um estudo histórico comparativo da organização do ensino superior brasileiro e o francês. 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