The President’s power to withhold assent to Bills of Parliament

In terms of Article 64 of the Namibian Constitution, the President may withhold his or her assent to a Bill passed by Parliament on constitutional grounds, and may refer such Bill to a competent court for a decision. The strength of Article 64 is rooted in the fact that legislative proposal, which is not yet law, can be challenged for constitutionality. The power of the President is comparable with systems in South Africa, Ireland and India. This article examines the extent to which the executive, represented by the President, acts as a constitutional check on the legislative, represented by Parliament.     

Response to “Methodological Sensitivities to Latent Class Analysis of Long-Term Criminal Trajectories”

This response to Methodological Sensitivities to Latent Class Analysis of Long-Term Criminal Trajectories is intended to make three key points: (1) the data sensitivities that are explored in that paper are examples of two generic data problems that transcend the specific methodology used to analyze longitudinal data, (2) while real sensitivities are identified, the overall stability of results is also noteworthy, and (3) the groups must be understood to be approximations.     

Excessive PCBs in the Hudson River: Attributable to Incompleteness of Dredging,or to Seven Years of Dredging?

GE recently completed a seven-year US EPA-mandated clamshell dredging project to remediate PCB contamination of the Hudson River. Post-project PCB levels in water and fish, however, are higher than anticipated, suggesting to some the need to extend the project to remove more PCB-bearing sediments. Our investigation of the effectiveness of the dredging project revealed that a previously unconsidered physical process must mobilize sediments as a result of dredge bucket closure. We also used computerized dredging data (‘bucket files’) to estimate the fraction of dredged sediments returned to the river instead of being deposited into waiting barges. We conclude that excessive post-project PCBs in the Hudson River predominantly are attributable to sediment mobilization by clamshell dredges. We predict that proposed extension of the dredging project would prolong mobilization processes, allowing PCBs to spread widely and enter ecosystems that include people, endangered fish such as sturgeon, and endangered birds such as bald eagles.     

United Nations Mission to Kosovo: in Violation of the Right to Life?

International organisations are expected to abide to human rights standards in the course of their operations. However, to what standards are transitional regimes held accountable? Should the UN exercising executive powers be held accountable to the same or higher standard than a national government? In this article, the author discusses the legal basis relied upon by a UN internal human rights mechanism, the Human Rights Advisory Panel (HRAP), that declared the UNMIK in violation of its positive obligation to investigate enshrined in Article 2 of the EHRC. A closer look at the opinions issued by the HRAP reveals that it might have misapplied the standard set forth in the relevant jurisprudence of the European Court for Human Rights, and thereby held UNMIK accountable under stricter requirements.     

Does Hyperthyroidism Increase Risk of Death Due to the Ingestion of Ecstasy?

Ecstasy (3,4-methylenedioxymethamphetamine, MDMA) is a psychoactive amphetamine derivative widely used for recreational purposes. Deaths caused by acute drug intoxication with MDMA are rare but can often involve a severe hyperthermic episode. The factors underlying the increased risk of some ecstasy users to a fatal drug reaction are not known. We present a case report of a 24-year-old woman who developed fatal hyperthermia with multi-organ complications following MDMA use and was found at autopsy to have diffuse thyroid hyperplasia (Graves' disease). An antemortem blood MDMA concentration of 0.68 mg/L was measured in a sample obtained on admission to hospital. Although a cause and effect cannot be established, as the thyroid hormone is a major regulator of thermogenesis, we suggest that hyperthyroidism predisposed the subject to ecstasy-induced hyperthermia and that a pre-existing defect affecting temperature status could be one factor in explaining some ecstasy intoxication deaths.     

Levinas’s Contribution to the Law of Hospitality

Liverpool Law Review - This article examines the ethical thinking of Levinas, from which Derrida’s Law of Hospitality is derived, to see if it is sustainable in the face of Badiou’s...     

Young Offenders’ Decisions to Re-offend as A Breakdown of Self-Regulation of Hierarchically Organised Feedback Loops: The Role of Moral Disengagement in Formulating Decisions to Re-offend

The present paper examines young offenders’ decisions to re-offend, as a function of a breakdown of self-regulation, as represented by moral disengagement. There were 152 male inmates randomly selected from the largest young offender institution in Scotland and were asked to fill-in a moral disengagement scale and a questionnaire which assessed their cognitive representations. It was found that moral disengagement was neither related to frequency of offending nor age of initiation of delinquent behaviour. Moral disengagement was significantly related to attitudes, perceived behavioural control and intentions to offend in the future. Moral disengagement contributed to the prediction of intentions when the Theory of Planned Behaviour (TPB) was operationalised through the direct measurement of the constructs of the model, although such did not contribute to the prediction of intentions when the constructs were operationalised by indirect, belief-based measurements of the constructs of the model. A model is proposed in terms of self-regulation of hierarchically organised feedback loops. Attitudes and perceived behavioural control are operating at the level of program control, as a function of disengagement of moral principles at the level of principles control.     

Is the appearance of macrophages in pulmonary tissue related to time of asphyxia?

In order to connect the appearance of macrophages and giant cells in pulmonary tissue with the time of asphyxia the authors analyzed 50 asphyxiated human lungs paying their attention on the number of alveolar and interstitial macrophages and giant cells. They compared histological specimens of 25 asphixiated humans lungs following a slow asphyxia (30 min or more) with 25 histological specimens of asphyxiated human lungs following a rapid asphyxia (10-15 min). Alveolar and interstitial macrophages and giant cells per section, were considered and numbered. Controls were done on histological examination of traumatized lungs. In the pulmonary alveoli following on acute asphyxia there were 27.7+/-4.4 macrophages per section. Subjects dead after a slow asphyxiation showed 68.2+/-7.1 alveolar macrophages per section (p<0.001). Interstitial macrophages were also frequently present. No differences are detectable in the number of polynuclear giant cells between rapidly and slowly asphyxiated human lungs. The number of alveolar and interstitial macrophages per section can be considered as a further histological evidence of a slow asphyxia and can differentiate a slow asphyxia from an acute one.     

The duty of the state to eradicate the legacy of apartheid in South Africa versus resistance to change： Critical analysis of the Chairperson＇s Association Case

South Africa was colonized by European powers from as early as the seventeenth century and all aspects of the indigenous population were transformed, alternatively, subjected to the norms of life of the colonial powers. This led to the erosion of African names and the replacement therefore by colonial names. The South African Geographical Names Council Act is intended to address this legacy.     

“Guide to developing a culture of lawfulness,”

This paper has argued that regulatory and law enforcement measures cannot, on their own, deal with the scope of global crime and corruption. Rather, they need to be complemented and supported by a society that embraces a culture of lawfulness. This is difficult to establish. Yet, there are examples, in diverse circumstances, of major changes in values and attitudes towards the rule of law within a relatively short time frame. While there is no “one size fits all” approach, certain key principles can provide a useful guide for societies seeking to foster a culture of lawfulness. These have been found in the most successful and enduring programs.     

Is it unethical to offer predictions of future violence?

An examination of the nature, foundation, and consequences of predictive testimony about future violence does not support the assertion, sometimes heard, that such testimony is necessarily unethical. Certain types of predictive testimony about future violence may have adequate scientific support. Moreover, society does not require certainty about future violence in order to restrict various liberties. Proper performance of an evaluation related to certain types of predictive testimony can provide an adequate foundation for the testimony. Finally, a consideration of the consequences of legal proceedings that restrict liberty does not support the conclusion that predictive testimony is necessarily ethically improper merely because it uses probabilities that create the potential for a significant number of false-positive legal decisions. Therefore, we would not advise psychology, psychiatry, or the courts to conclude that predictions of dangerousness as a class are unethical.This paper was supported in part by funding from the John D. and Catherine T. MacArthur Foundation Research Network on Mental Health and the Law. The authors wish to thank Alexander Greer, John Monahan, Stephen Morse, and Ed Mulvey for their helpful comments on an earlier draft.     

Reform of Nuclear Disasters＇ Legislation Adapting to Climate Change

核灾害的应对重在预防,而气候变化改变了核灾害的成灾机理,强化和放大了灾害风险。适应气候变化的核灾害应对制度变革：立法理念必须从减轻灾害向减轻灾害风险转变;内容创新必须重点突出核设施选址中夯实程序的完整性、非居住区和规划限制区制度中补充发展权补偿内容、防灾规划在体系完善基础上“融入主流”等三个方面;运行机制改革应该在国际层面创建多中心的灾害风险治理框架,在国内层面推进“三元、三级”的统舍与协调。