Fundamental Rights in the European Community Legal Order

The role of the courts in the protection of human rights in any legal system is a constitutionally sensitive one. The observance and protection of such rights articulate with many aspects of the exercise of governmental and legislative power. The value nature of human rights accentuates these sensibilities. Some have viewed sovereign law as an essential ingredient in the make-up of national identity, a perception which tends to confirm a presumption that legal systems, while responsive to new pressures, are nonetheless holistic, coherent, and state-bound. National law is a rampart against outside corruption of the national ethos. Inevitably all of this poses particular challenges for a supranational court with jurisdiction to pass judgment on human rights compliance, directly or indirectly, by states that are justly proud of their own legal democratic traditions. The exercise by the European Court of Justice (“Court of Justice” or “Court”) of jurisdiction to protect the individual from breaches of their fundamental rights is a constitutional role which trammels not only the exercise of political power by the institutions of the European Community (the “Community”) but indirectly (and often directly) the use of governmental and legislative power at a national level. This constitutional role, exercised in the context of the doctrines of primacy and direct effect, challenges the ideology of a state\u27s legal autonomy and the associated sense of self-determination. Not surprisingly, the Court of Justice at the early stages showed a marked reluctance to be drawn into this area

Fiscal policy for a period of transition

Fiscal policy

The outlook for changes in federal taxation

Tax reform ; Taxation

Ten Micron Photometry of 25 Stars from B8 To M7

A photometer employing a liquid hydrogen-cooled mercury-doped germanium photoconductor whose spectral response is limited to the 8 - 14 µ region by a low pass interference filter and a BaF_2 window coupled with the cell's threshold wavelength has been placed at the east arm Cassegrain focus of the 200 inch Hale telescope. Twenty-five stars have been measured. The earliest star for which two measurements have been obtained is the B8Ia star β Orionis. The latest star is the M7e star X Cygni. The brightest star, L37 X 10^(-14) watts/cm^2, is α Orionis. The carbon star DS Peg was also measured. In a two-color diagram formed with B and V there is an intrinsic increase in dispersion going to later type stars and a systematic trend away from the blackbody relation. The ratios of the stellar fluxes to those expected from blackbodies at the published stellar effective-temperatures and angular diameters are not far from one. A systematic trend exhibited may not be real because of the assumptions involved in inteferometric diameter determinations. DS Peg does not appear overly peculiar in the two-color plots, but X,Cygni falls on the opposite side of the blackbody curve ("blue excess") compared with most of the late type stars. The fluxes presented here have not been corrected for presently uncertain telescope transmission losses which may be important

Using digital pens to expedite the marking procedure

This is the Post-print version of the Article. The official published version can be accessed from the link below - Copyright @ 2010 Inderscience PublishersDigital pens have been introduced over the last six years and have demonstrated that they can be used effectively for collecting, processing and storing data. These properties make them ideal for use in education, particularly in the marking procedure of multiple-choice questions (MCQ). In this report, we present a system that was designed to expedite the marking procedure of MCQ, for use at any educational level. The main element of the system is a digital pen, i.e. given to the students prior to the examination. On return of the pen, the system immediately recognises the students' answers and produces their results. In this specific research, four groups of students were studied and a variety of data were collected, concerning issues, such as accuracy, time gained by the use of the system and the impressions of the students. The pedagogic value of the use of the system is also presented

Temporal introduction patterns of invasive alien plant species to Australia

We examined temporal introduction patterns of 132 invasive alien plant species (IAPS) to Australia since European colonisation in 1770. Introductions of IAPS were high during 1810–1820 (10 species), 1840– 1880 (51 species, 38 of these between 1840 and 1860) and 1930–1940 (9 species). Conspicuously few introductions occurred during 10-year periods directly preceding each introduction peak. Peaks during early European settlement (1810–1820) and human range expansion across the continent (1840-1860) both coincided with considerable growth in Australia’s human population. We suggest that population growth during these times increased the likelihood of introduced plant species becoming invasive as a result of increased colonization and propagule pressure. Deliberate introductions of IAPS (104 species) far outnumbered accidental introductions (28 species) and were particularly prominent during early settlement. Cosmopolitan IAPS (25 species) and those native solely to South America (53 species), Africa (27 species) and Asia (19 species) have been introduced deliberately and accidentally to Australia across a broad period of time. A small number of IAPS, native solely to Europe (5 species) and North America (2 species), were all introduced to Australia prior to 1880. These contrasting findings for native range suggest some role for habitat matching, with similar environmental conditions in Australia potentially driving the proliferation of IAPS native to southern-hemisphere regions. Shrub, tree and vine species dominated IAPS introduced prior to 1840, with no grasses or forbs introduced during early colonisation. Since 1840, all five growth forms have been introduced deliberately and accidentally in relatively large numbers across a broad period of time. In particular, a large number of grass and forb IAPS were deliberately introduced between 1840 and 1860, most likely a direct result of the introduction of legislation promoting intensive agriculture across large areas of the continent. Since the 1980s, only three IAPS have been introduced (all deliberately introduced forbs). The decline in IAPS introductions is most likely a reflection of both increased surveillance and biosecurity efforts and the likelihood that many potential IAPS are still within a pre-expansion lag period

UPE and Social Inequality in Uganda: A Step Backward or a Step in the Right Direction?

It is widely agreed that studying the relationship between school quality and academic achievement will benefit public investment in education. This is particularly true in Africa where, the 1990 World Conference on ‘Education for All’ led to renewed commitments to quality basic education. At this time, Uganda implemented a set of public reforms that were designed to increase educational opportunities in poor communities. This paper uses data from the second wave of a cross-national survey of schools in Southern and Eastern Africa to assess some dimensions of these Ugandan reforms. Hierarchical linear models are estimated to investigate which schools most effectively ensure a meaningful educational experience for children who face economic and social hardships. Contrary to earlier studies in developing countries, the positive relationship between socioeconomic status and student performance is striking and significant. In line with the school effectiveness theory, resource availability proves to be consistently related to educational quality and its equitable distribution in Uganda.South African national household survey data, Post-stratification, Reweighting, Cross entropy estimation.